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Chapter 1 Employment Relations
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Chapter 2 Wages
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Chapter 3 Working hours, Recess, Off-Days and Leave
- 1.Labor Inspection over Unpaid Wages for Temporary Workers
- 2.8. If the employer has taken measures to promote the use of paid leave, the employer shall have no obligation to compensate the worker for the unused leave.
- 3.7. An employer shall grant one day's paid leave per month to a worker whose consecutive service period is shorter than one year, or whose attendance is less than 80 percent, if the worker has offered work without an absence throughout a month. ※Punishable with a fine imprisonment of up to two years, or by a fine not to exceed ten million WON
- 4.6. An employer shall grant 15 days' paid leave to a worker who has registered more than 80 percent of attendance during one year. After the first year of service, an employer shall grant one day's paid leave for each two years of consecutive service. ※ Punishable with a fine imprisonment of up to two years, or by a fine not to exceed ten million WON
- 5.5. When an employee works on paid holiday, an employer will pay additional wages (fifty percent or more of the ordinary wages). When an employer works on paid holiday, an employer shall pay base pay, wages related to holiday work, and additional allowance respectively. ※ Punishable with a fine imprisonment of up to three years, or by a fine not to exceed twenty million WON
- 6.4. An employer shall allow on the average one or more paid holiday per week to a worker who attended contractual working days per week. ※ Punishable with a fine imprisonment of up to two years, or by a fine not to exceed ten million WON
- 7.3. An employer shall additionally pay fifty percent or more of the ordinary wages for extended work, night work or holiday work. ※ Punishable with a fine imprisonment of up to three years, or by a fine not to exceed twenty million WON
- 8.2. Extended work shall be implemented with agreement with the worker, and extended working hours shall not exceed 12 hours per week. ※ Punishable with a fine imprisonment of up to two years, or by a fine not to exceed ten million WON
- 9.1. Employees’ contractual working hours shall not exceed forty hours per week and eight hours per day excluding recess hours. ※ Punishable with a fine imprisonment of up to two years, or a fine not to exceed ten million won
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Chapter 5 Retirement Management
- 1.When the employee retired, the employer shall pay 30 days or more of average wage for each year of consecutive service within 14 days. ※ Punishable with a fine not to exceed five million WON
- 2.An employer shall give an advance notice to a worker at least thirty days before dismissal. If the notice is not given thirty days before the dismissal, ordinary wages of more than thirty days shall be paid to the worker. ※ Punishable with a fine imprisonment of up to two years, or by a fine not to exceed ten million WON
- 3.If a worker retires, an employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment has occurred; however, the period, under special circumstances, may be extended by the mutual agreement between the parties concerned. ※ Punishable with a fine imprisonment of up to three years, or by a fine not to exceed twenty million W
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Chapter 6 Employment Adjustment
- 1.If a worker requests leave due to his spouse giving birth, the employer shall grant him leave of three days or more within five days. The first three days shall be paid leave. ※ Punishable with a fine not to exceed five million WON
- 2.An employer shall not discriminate against men or women with respect to retirement age limit, retirement, and dismissal. ※ Punishable with a fine imprisonment of up to five years, or by a fine not to exceed thirty million WON
- 3.An employer shall not discriminate against men or women in other payments besides wages, welfare, training, deployment, and promotion. ※ Punishable with a fine not to exceed five million WON
- 4.An employer shall pay the equal wage for the work of equal value in the same business. ※ Punishable with a fine imprisonment of up to three years, or by a fine not to exceed twenty million WON
- 5.Employers shall allow an employee with a child up to 8 years of age who is attending up to the 2nd grade of elementary school yet to take childcare leave to care for that child, upon application by that employee.. ※ Punishable with a fine not to exceed five million WON
- 6.An employer shall not discriminate against men or women based on gender in recruitment and hiring. ※ Punishable with a fine not to exceed five million WON
- 7.An Employer shall conduct employee education to prevent sexual harassment at the work place once or more times a year. ※ Punishable with a fine not to exceed three million WON
- 8.An employer shall, upon the request of a female worker, grant her one-day menstruation leave per month. ※ Punishable with a fine not to exceed five million WON
- 9.Employers shall grant pregnant female workers 90 days(120 days if a woman is pregnant with two or more babies)of maternity leave, to be used before and after childbirth. In such cases, 45 days(60 days) or more shall be allocated after childbirth. The first 60 days(75 days)’ leave shall be paid leave. ※ Punishable with a fine imprisonment of up to two years, or by a fine not to exceed ten million WON
- 10.An employer shall not have a pregnant female, or one who is younger than 18, work at night and on holidays. ※ Punishable by imprisonment of up to two years, or by a fine not to exceed ten million WON
- 11.When an employer intends to have a female aged 18 or older work at nighttime and on holiday, the employer shall obtain the consent of the female concerned. ※ Punishable by imprisonment of up to two years, or by a fine not to exceed ten million WON
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Chapter 7 Irregular Employee Management
- 1.7. In cases where a sending employer has not been able to pay the wages of a dispatched worker due to causes attributable to the using employer, the using employer shall be liable jointly with the concerned sending employer. Applied to the Sending and Using Employers: Punishable with a fine imprisonment of up to three years, or by a fine not to exceed twenty million WON
- 2.6. The length of a dispatch period shall not exceed one year. If there is an agreement between the sending employer, the using employer, and the dispatched worker, the period may be extended. In this case, the extended period, if extended once, shall not exceed one year, and the total dispatch period, including the extended period, shall not exceed two years. If a using employer continues to use the dispatched worker in excess of two years, he/she shall directly employ the dispatched worker concerned ※ Applied to the Using Employer: Punishable with a fine imprisonment of up to three years, or by a fine not to exceed twenty million WON
- 3.5. Using Employer shall not receive labor service from a dispatch employee from an unauthorized dispatch company nor shall use a dispatch employee in a position where dispatch employees are not allowed. ※ For Using Employer: Punishable by imprisonment of up to three years, or by a fine not to exceed twenty million WON
- 4.4. An employer may hire fixed-term employees for a period not to exceed two. If an employer hires fixed-term employees for more than two years, the fixed-term employees shall be considered as workers who have made a labor contract with no fixed term.
- 5.3. When an employer makes a labor contract with fixed-term or part-time employees, he/she shall clearly state in writing matters described in Article 17 of the Short-term Employee Act. ※ Punishable with a fine not to exceed five million WON
- 6.2. An employer shall not give discriminatory treatment regarding wages and other working conditions against non-regular employees (fixed-term employees, part-time employees, and dispatched employees) on the grounds of their employment status compared with other workers engaged in the same or similar jobs under a labor contract without a fixed term in the business or workplace concerned. ※ Applied to the Employer, the Sending Employer and the Using Employer
- 7.1. An employer, a sending employer and a using employer shall implement the final judgment order for correction if he/she receives it from the labor relations commission or the court. ※Punishable with a fine not to exceed one hundred five million WON
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Chapter 9 Rules of Employment
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Chapter 11 Labor Union