SECTION 1 Contracts on Temporary Placement of Workers

Article 20 (Terms of Contracts)

(1) Parties to a contract on temporary placement of workers shall conclude such contract in writing, stating the following terms, as prescribed by Ordinance of the Ministry of Employment and Labor:

1. Number of temporary agency workers;

2. Description of work to be performed by temporary agency workers;

3. Grounds for temporary placement of workers (limited to cases where the workers are placed under Article 5 (2));

4. Name and location of the workplace where temporary agency workers will be placed and other working places;

5. Matters related to a person who will directly supervise and give orders to temporary agency workers during the period of temporary employment;

6. Matters related to the period of temporary employment and the starting date of temporary agency services;

7. Matters related to the start time and finish time of work, and recess hours;

8. Matters related to holidays and leave;

9. Matters related to extended, night and holiday work;

10. Matters related to safety and health;

11. Matters related to the fees for temporary placement of workers;

12. Any other matter prescribed by Ordinance of the Ministry of Employment and Labor.

(2) Where a user company concludes a contract on temporary placement of workers pursuant to paragraph (1), the user company shall provide necessary information to the relevant temporary work agency in order for it to comply with Article 21 (1). In such cases, matters concerning the scope of information to be provided, methods of provision, etc. shall be prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 16413, Apr. 30, 2019]

Enforcement Ordinance

Article 21 (Prohibition and Correction of Discriminatory Treatment)

(1) No temporary work agency nor user company shall give discriminatory treatment to any temporary agency worker on the ground of his/her employment status compared with other workers engaged in the same or similar types of work at the business of the user company.

(2) Any temporary agency worker who has received discriminatory treatment may request a correction thereof to the Labor Relations Commission established under the Labor Relations Commission Act (hereinafter referred to as “Labor Relations Commission”).

(3) Articles 9 through 15 and subparagraphs 2 and 3 of Article 16 of the Act on the Protection, etc. of Fixed-Term and Part-Time Employees shall apply mutatis mutandis to requests for correction referred to in paragraph (2) and other procedures for correction. In such cases, "fixed-term or part-time employee" and "employer" shall be construed as "temporary agency worker" and "temporary work agency or user company", respectively.

(4) Paragraphs (1) through (3) shall not apply to user companies ordinarily employing not more than four workers.

[This Article Wholly Amended by Act No. 16413, Apr. 30, 2019]

Article 21-2 (Requests by the Minister of Employment and Labor for Correction of Discriminatory Treatment)

(1) Where any temporary work agency or user company gives discriminatory treatment in violation of Article 21 (1), the Minister of Employment and Labor may request a correction thereof.

(2) Where any temporary work agency or user company fails to comply with a request for correction made under paragraph (1), the Minister of Employment and Labor shall notify the Labor Relations Commission of the discriminatory treatment with the detailed description thereof. In such cases, the Minister of Employment and Labor shall notify the relevant temporary work agency or user company and the relevant worker of such fact.

(3) Upon receiving the notification from the Minister of Employment and Labor pursuant to paragraph (2), the Labor Relations Commission shall, without delay, examine whether the discriminatory treatment exists. In such cases, the Labor Relations Commission shall provide an opportunity to state opinions to the relevant temporary work agency or user company and the relevant worker.

(4) Articles 9 (4), 11 through 15 and 15-2 (5) of the Act on the Protection, etc. of Fixed-Term and Part-Time Employees which apply mutatis mutandis under Article 15-2 (4) of the same Act shall apply mutatis mutandis to examinations by the Labor Relations Commission under paragraph (3) and other procedures for correction. In such cases, "date of a request for correction" shall be construed as "date of receiving notification", "decision of dismissal" as "decision that there has been no discriminatory treatment", "the parties concerned" as "the temporary work agency or user company and worker", and "worker who has filed a request for correction" as "relevant worker", respectively.

[This Article Wholly Amended by Act No. 16413, Apr. 30, 2019]

Article 21-3 (Expanding Effect of Finalized Corrective Order)

(1) The Minister of Employment and Labor may investigate whether any discriminatory treatment is given to temporary agency workers other than workers to whom the corrective order finalized pursuant to Article 14 of the Act on the Protection, etc. of Fixed-Term and Part-Time Employees which applies mutatis mutandis under Articles 21 (3) or 21-2 (4) is effective, in the business or workplace of the temporary work agency or user company which shall comply with such corrective order, and may request it to take corrective actions if such investigation finds that discriminatory treatment exists.

(2) Article 21-2 (2) through (4) shall apply mutatis mutandis where the temporary work agency or user company fails to comply with the request for correction under paragraph (1).

[This Article Newly Inserted by Act No. 12470, Mar. 18, 2014]

Article 22 (Termination of Contracts)

(1) No user company shall terminate a contract on temporary placement of a worker based on the gender, religion or social status of a temporary agency worker or his/her legitimate involvement in union activities.

(2) If a user company, with regard to any temporary placement of workers, violates this Act or orders issued under this Act, the Labor Standards Act or orders issued under the same Act, the Occupational Safety and Health Act, or orders issued under the same Act, a temporary work agency may suspend the temporary placement of workers or terminate the contract on temporary placement of workers.

[This Article Wholly Amended by Act No. 16413, Apr. 30, 2019]

SECTION 2 Measures to be Sought by Temporary Work Agencies

Article 23 (Enhancement of Welfare for Temporary Agency Workers)

Each temporary work agency shall endeavor to enhance the welfare of temporary agency workers by preparing measures necessary to secure employment and education and training opportunities suitable for their wishes and abilities, improve their working conditions, and promote their employment stability.

[This Article Wholly Amended by Act No. 16413, Apr. 30, 2019]

Article 24 (Duty to Notify Temporary Agency Workers)

(1) Where a temporary work agency intends to employ a worker as a temporary agency worker, it shall notify such worker in advance of such intention in writing.

(2) Where a temporary work agency intends to temporarily place any of its workers who are not temporary agency workers, it shall notify such worker in advance of such intention in writing and obtain his/her consent.

[This Article Wholly Amended by Act No. 16413, Apr. 30, 2019]

Article 25 (Prohibition of Employment Restrictions for Temporary Agency Workers)

(1) No temporary work agency shall, without just cause, conclude an employment contract with a temporary agency worker or a person who wishes to be hired as a temporary agency worker, which prohibits the worker from being hired by a user company after termination of the employment relationship with the temporary work agency.

(2) No temporary work agency shall, without just cause, conclude any contract on temporary placement of workers which prohibits a user company from hiring a temporary agency worker after termination of the employment relationship with the temporary agency worker.

[This Article Wholly Amended by Act No. 16413, Apr. 30, 2019]

Article 26 (Request for Correction of Discriminatory Treatment)

(1) Where an employee receives any of the following discriminatory treatment, etc. (hereinafter referred to as "discriminatory treatment, etc.") from an employer, the employee may file a request for the correction thereof to a labor relations commission established under Article 1 of the Labor Relations Commission Act (hereinafter referred to as "labor relations commission"): Provided, That the foregoing shall not apply where six months have passed from the date of receiving the discriminatory treatment, etc. (if the discriminatory treatment, etc. prescribed in subparagraphs 1 and 3 has been continuous, the date of termination thereof):

1. Acts violating any provision of Articles 7 through 11 (hereinafter referred to as "discriminatory treatment");

2. Not taking appropriate measures prescribed in Article 14 (4) or 14-2 (1);

3. Unfavorable treatment in violation of Article 14 (6), dismissal in violation of Article 14-2 (2), or other disadvantageous measures.

(2) An employee shall specifically state the details of discriminatory treatment, etc. when filing a request for correction under paragraph (1).

(3) Necessary matters concerning the procedures for and methods of filing a request for correction prescribed in paragraphs (1) and (2) shall be separately determined and publicly notified by the National Labor Relations Commission under Article 2 (1) of the Labor Relations Commission Act (hereinafter referred to as the "National Labor Relations Commission").

[This Article Newly Inserted on May 18, 2021]

[Enforcement Date: May 19, 2022] Article 26

Article 27 (Notification to User Companies)

Where a temporary work agency places a temporary agency worker, it shall notify the user company of the temporary agency worker’s name and other matters prescribed by Ordinance of the Ministry of Employment and Labor.

[This Article Wholly Amended on Apr. 30, 2019]

Article 28 (Managers Responsible for Temporary Agency Services)

(1) In order to properly manage the employment of temporary agency workers, a temporary work agency shall appoint a person who does not fall under any ground of disqualification prescribed in subparagraphs 1 through 5 of Article 8 as a manager responsible for temporary agency services.

(2) Matters necessary for the duties, etc. of a manager responsible for temporary agency services shall be prescribed by Ordinance of the Ministry of Employment and Labor.

[This Article Wholly Amended on Apr. 30, 2019]

Article 29 (Ledger for Management of Temporary Agency Services)

(1) Each temporary work agency shall prepare and preserve a ledger for management of temporary agency services.

(2) Matters to be recorded on a ledger for management of temporary agency services and the period for preservation thereof under paragraph (1) shall be prescribed by Ordinance of the Ministry of Employment and Labor.

[This Article Wholly Amended on Apr. 30, 2019]

SECTION 3 Measures to be Sought by User Companies

Article 30 (Measures for Contracts on Temporary Placement of Workers)

Each user company shall prepare necessary measures so as not to violate any terms of a contract on temporary placement of workers under Article 20.

[This Article Wholly Amended by Act No. 16413, Apr. 30, 2019]

Article 31 (Securing Proper Temporary Agency Services)

(1) Where a temporary agency worker files a grievance over temporary agency services, the user company shall notify the temporary work agency of the details of the grievance and handle such grievance in a prompt and proper manner.

(2) In addition to handling grievances as stipulated in paragraph (1), a user company shall prepare necessary measures to enable a temporary agency worker to properly provide temporary agency services.

[This Article Wholly Amended by Act No. 16413, Apr. 30, 2019]

Article 32 (Managers Responsible for Use of Temporary Agency Services)

(1) In order to enable temporary agency workers to properly provide temporary agency services, each user company shall appoint a manager responsible for the use of temporary agency services.

(2) Matters necessary for the duties, etc. of a manager responsible for the use of temporary agency services shall be prescribed by Ordinance of the Ministry of Employment and Labor.

[This Article Wholly Amended by Act No. 16413, Apr. 30, 2019]

Article 33 (Ledger for Management of Use of Temporary Agency Services)

(1) Each user company shall prepare and preserve a ledger for management of the use of temporary agency services.

(2) Matters to be recorded on a ledger for management of the use of temporary agency services and the period for preservation thereof under paragraph (1) shall be prescribed by Ordinance of the Ministry of Employment and Labor.

[This Article Wholly Amended by Act No. 16413, Apr. 30, 2019]

SECTION 4 Special Cases for Application of the Labor Standards Act, etc.

Article 34 (Special Cases for Application of the Labor Standards Act)

(1) The Labor Standards Act shall apply to services provided by a temporary agency worker during his/her period of temporary employment, deeming that a temporary work agency and a user company are an employer defined in Article 2 (1) 2 of the same Act: Provided, That for the purposes of Articles 15 through 36, 39, 41 through 43, 43-2, 43-3, 44, 44-2, 44-3, 45 through 48, 56, 60, 64, 66 through 68, and 78 through 92 of the same Act, a temporary work agency shall be deemed an employer, whereas for the purposes of Articles 50 through 55, 58, 59, 62, 63 and 69 through 74, 74-2, and 75 of the same Act, a user company shall be deemed an employer.

(2) Where a temporary work agency fails to pay wages to a temporary agency worker due to causes attributable to a user company, which are prescribed by Presidential Decree, the user company shall be jointly and severally liable for such failure along with the temporary work agency. In such cases, for the purposes of Articles 43 and 68 of the Labor Standards Act, the temporary work agency and the user company shall be deemed an employer defined in Article 2 (1) 2 of the same Act.

(3) Where a user company grants paid holidays or paid leave to a temporary agency worker pursuant to Articles 55, 73 and 74 (1) of the Labor Standards Act, the wages during such holidays or leave shall be paid by the temporary work agency.

(4) Where a temporary work agency and a user company conclude a contract on temporary placement of workers which contains any terms and conditions violating the Labor Standards Act and violate the same Act by requiring any temporary agency worker to provide services in accordance with the contract, both parties to the contract shall be subject to the relevant penalty provisions, deeming that they are an employer defined in Article 2 (1) 2 of the same Act.

[This Article Wholly Amended by Act No. 16413, Apr. 30, 2019]

Enforcement Ordinance

Article 35 (Special Cases for Application of the Occupational Safety and Health Act)

(1) The Occupational Safety and Health Act shall apply to services provided by a temporary agency worker during his/her period of temporary employment, deeming that a user company is an employer defined in subparagraph 4 of Article 2 of the same Act. In such cases, for the purposes of Article 29 (2) of the Occupational Safety and Health Act, "when hiring a worker" in the same paragraph shall be construed as "when receiving temporary agency services".

(2) Notwithstanding paragraph (1), for the purposes of Articles 5, the proviso of Article 132 (2), paragraph (4) of the same Article (limited to cases of a change of workplace, work reassignment and reduction of working hours), and Article 157 (3) of the Occupational Safety and Health Act, a temporary work agency and a user company shall be deemed an employer defined in subparagraph 4 of Article 2 of the same Act.

(3) Where a user company has conducted a health examination for a worker during his/her period of temporary employment pursuant to Articles 129 through 131 of the Occupational Safety and Health Act, it shall explain the results of the health examination pursuant to Article 132 (2) of the same Act and shall send such results to the temporary work agency without delay.

(4) Notwithstanding paragraphs (1) and (3), a temporary work agency shall conduct health examinations prescribed by Ordinance of the Ministry of Employment and Labor among health examinations which an employer shall conduct on a regular basis pursuant to Articles 129 and 130 of the Occupational Safety and Health Act, deeming that the temporary work agency is an employer defined in subparagraph 4 of Article 2 of the same Act.

(5) Where a temporary work agency has conducted a health examination pursuant to paragraph (4), it shall explain the results of the health examination to the relevant temporary work agency pursuant to Article 132 (2) of the Occupational Safety and Health Act and shall send such results to the user company without delay.

(6) Where a temporary work agency and a user company conclude a contract on temporary placement of workers which contains any terms and conditions violating the Occupational Safety and Health Act and violate the same Act by requiring a temporary agency worker to provide services in accordance with the contract, both parties to the contract shall be subject to the relevant penalty provisions, deeming that they are an employer defined in subparagraph 4 of Article 2 of the same Act.

[This Article Wholly Amended by Act No. 16413, Apr. 30, 2019]