Irregular Employment

Part 2. Management of Irregular Employees - Types of Irregular Employees

Chapter 1 Short-term Contract Employees

I. Working Conditions of Short-term Contract Employees

1. Concept
Those whose contract period is less than two years are referred to as short-term contract employees (hereinafter called “short-term employees”). Regardless of what they are called, or whether their contracts are like that of the daily worker, contracted worker, temporary employee, commissioned employee, etc., “short-term employee” simply refers to an employee hired for less than two years. Though they may be short-term employees, the contract is exclusive to those who have or will repeat or renew their contracts several times.

2. Labor Contract
Most articles in the Labor Standards Act apply to short-term employees in principle. With respect to a business or workplace with 4 employees or fewer, selected provisions of the Labor Standards Act such as wage, weekly holidays, recess hours, etc. are applied.
When hiring a short-term employee, a labor contract with the following items specified must be drafted and submitted:
① Matters concerning each constituent item of wage, and the methods of calculation and payment;
② Matters concerning start and finish times of the working hours, recess hours, and holidays;
③ Matters concerning place of employment and work to be performed; and
④ Matters concerning other working conditions.
Employers shall also keep a register of workers with information including name, date of birth, personal history, etc., wage ledger concerning the payrolls paid, and other important documents concerning the labor contract for three years. With respect to a daily worker who has been employed for a period of less than thirty days, a register may not be needed.

3. Wage Payment and Calculation
For contracts exceeding one month, wage shall be paid at least once a month on a fixed day. For daily workers who are hired on a daily basis, wage shall be paid each day upon fulfilling the contractual working hours.
The wage of a daily worker is calculated by the hourly or daily wage rate in principle. The hourly wage is calculated into a daily wage by multiplying the number of contractual working hours of one day by the hourly wage rate.
Contractual working hours of one day for a construction worker or guard usually include extended or night work, so an additional allowance may be rendered in the inclusive wage of one day. In this case, the ordinary wage of one day can be gained through an inclusive inverse calculation.
For example, if the labor contract is drawn for 10 working hours a day and 100,000 won as a daily wage, then the ordinary wage of one day is 72,700 won:
⦁ Hourly wage=100,000 won÷[8 hours+(2 hours×1.5)]=9,090 won
⦁ Ordinary wage of one day=9,090 won (hourly wage)×8 hours (number of contractual working hours of one day)=72,700 won

4. Working Hours, Holidays and Leave
① Working hours shall not exceed 40 per week and 8 per day excluding recess hours, but if the parties concerned agree, working hours may be extended up to 12 hours per week. Accordingly, construction workers can draw a contract of 10 working hours per day.
If a daily worker renews his/her daily contract for 5 consecutive days, one paid holiday shall be provided. However, if he/she is eligible to receive one paid holiday after 5 consecutive working days, but the contract terminates on the day before expecting a paid holiday, the holiday shall not be paid. Thus, for daily workers in construction or manufacturing, holiday allowance is often omitted in a calculation of payment which multiplies the number of days to a daily wage rate. Accordingly, if a daily worker maintains full attendance for the corresponding week, the weekly holiday allowance shall be additionally paid for each weekly holiday.
② A monthly paid leave shall be given to employees with perfect attendance for the contractual working hours of the month, but the accumulated use of monthly paid leave is only available before the contract terminates. If the contract terminates on the day the monthly paid leave can be used, the leave shall not be granted.
If the short-term employee renews his/her contract for more than one year, annual paid leave shall be provided.

5. Accident Compensation and Dismissal
If a short-term employee suffers an occupational injury or disease, the industrial accident compensation insurance is applied in principle. Injuries or illness sustained during an industrial accident that can be treated within 4 days are not covered by industrial accident compensation insurance, but the rules concerning accident compensation in the Labor Standards Act apply instead. Even if the contract of a short-term employee expires during a period of temporary interruption of work for medical treatment of an occupational injury or disease, he/she can continue to receive medical attention and wages during business suspension until he/she recovers, or, alternatively, receive a lump sum payment as compensation.
If there is a justifiable reason for dismissal, an employer can immediately dismiss the following employees without advance notice as stipulated in the Labor Standards Act (Article 26 of the LSA): ① Where the employee worked consecutively less than 3 months; ② Where it is impossible to continue business because of natural disaster, armed conflict, or other unavoidable cause; and ③ Where a worker has caused considerable difficulties to business, or damage to property on purpose. In the case of a short-term contract of less than one year, the labor contract terminates automatically when the contract period expires and does not require advance notice of dismissal.

II. Limits on Employment Period of Fixed-term Employees and Exceptions Reference: Article 4 (Employment of Fixed-term Employees) of the Fixed-Term Employee Act; Article 3 (Exceptions to Limit on Employment Period of Fixed-term Employees).


1. Concept
We can distinguish the employment contract into three categories based upon employment period. They are 1) non-fixed-term contracts, 2) contracts necessary for completion of a project, and 3) short-term employment contracts of up to two years. Since the protection laws for irregular employees have been in effect since July 1st, 2007, the employment period is determined within two years, excluding non-fixed-term contracts, and in cases where the labor contract has been repeated, exceeding more than two years, the contract becomes a non-fixed-term contract. Accordingly, as the employment contract reaches the completion of two years, the employer shall decide whether to give him/her a permanent position or terminate the employment.
Even if the employment contract has been renewed repeatedly several times previously, employment is estimated to be terminated upon expiration of the contract period if the employer does not renew it. In reality, the employer had to receive a judicial judgment through the labor commission or the court to make sure whether the employment that had been renewed repeatedly several times could be an employment contract without fixed period. Generally, in cases where a fixed term employee has worked for about five years and had his/her contract renewed at least four times, the contract is regarded by the courts as expired when it is not renewed; but in cases where the fixed term employee has worked for at least six years and has had his/her contract renewed at least five times, the contract is regarded as having changed to non-fixed-term employment should renewal fail to occur again. National Human Rights Commission, Survey on Human Rights of Fixed-term Employees & their Labor Conditions, Nov. 2008.
The protection laws for irregular employees set a limit of two years for fixed-term employment to clarify any disputes coming from the employment period. However, even though this is the case, some exceptions have been introduced in light of business characteristics, work characteristics, relations with other laws, and legislative policies.

2. Limit on Employment Period of Fixed-term Employees
The Act on the Protection, etc. of Fixed-term and Part-time Employees (hereinafter referred to as the Fixed-Term Employee Act), Article 4, regulates that an employer may hire a fixed-term employee for a period not exceeding two years (for repeated fixed-term labor contracts, the sum of the periods shall not exceed two years). Accordingly, the employer cannot use fixed-term employees more than two years. If doing so, the employees are regarded as regular employees. Accordingly, the Fixed-Term Employee Act was designed to resolve any disputes over repeated and renewed employment by stipulating the two years limit on employment period, and to promote temporary employees moving into regular positions. Many countries have restrictions on using fixed-term employees. Korea does not, but protects them through the limit on employment period.
3. Exceptions for Employment Period of Fixed-term Employees and its Purposes
1) Cases where the period is needed to complete a project or particular task
If a construction project is proved objectively to be a fixed-term business requiring a certain amount of time to complete, an employment contract for the period required is allowed, even for projects exceeding two years. This exception is limited to projects that are temporary or will not be repeated: 1) construction projects; 2) temporary surveyors during statistical survey period; 3) temporary commissioned projects; and 4) secretary of a part-time director with a contract of up to three years.
2) Cases where a fixed-term employment contract is made with someone close to or beyond the age of retirement
The Aged Employment Promotion Act is designed to promote the employment of people close to or beyond retirement, which refers to those 55 years and older. There are no maximum fixed-term contract periods for these “aged” people.
3) Cases where a job requires professional knowledge and skills Such cases refer to those falling under any of the following:
① A person needs a doctoral degree to be engaged in a particular field;
② A person needs a national technical qualification of technician level to be engaged in a particular field; and
③ A person needs a professional qualification (in at least 1 of 25 fields) to be engaged in a particular field.
Those with a doctoral degree, a national technical qualification at technician level, and holders of professional qualifications issued by the government in 1 of 25 fields are generally recognized as specialists with professional knowledge and skills in a particular field. This exception was adopted in consideration of the characteristics of those professional specialists. Specifically, a “technician” refers to a person who holds a national technical qualification at technician level pursuant to the National Technical Qualifications Act. A professional certificate holder means a specialist who has been qualified in at least 1 of 25 fields recognized by the government in relevant law.

1. A certified architect according to Article 7 of the Certified Architect Act
2. A certified public labor attorney according to Article 3 of the Certified Public Labor Attorney Act
3. A certified public accountant according to Article of 3 of the Certified Public Accountant Act
4. A customs house broker according to Article 4 of the Customs Act
5. A patent attorney according to Article 3 of the Patent Attorney Act
6. A lawyer according to Article 4 of the Lawyer Act
7. An Actuary according to Article 182 of the Insurance Business Act
8. A loss adjuster according to Article 182 of the Insurance Business Act
9. A real estate appraiser according to Article 23 of the Act concerning the Notification of Real Estate Price and Appraisal and Assessment on Real Estate
10. A veterinarian according to Article 2 of the Veterinary License Act
11. A certified tax attorney according to Article 3 of the Certified Tax Attorney Act
12. A pharmacist according to Article 3 of the Pharmaceutical Affairs Act
13. An oriental medicine pharmacist according to Article 4 of the Pharmaceutical Affairs Act
14. An oriental medicine salesman according to Article 45 of the Pharmaceutical Affairs Act
15. An oriental medicine dispensing chemist in Attachment Article 2 of the Enforcement Decree to the Pharmaceutical Affairs Act
16. A doctor according to Article 5 of the Medical Act
17. A dentist according to Article 5 of the Medical Act
18. An oriental medicine doctor according to Article 5 of the Medical Act
19. A certified management consultant according to Article 46 of the Act concerning the Promotion of Small and Medium Companies and their Products
20. A certified technology consultant according to Article 46 of the Act concerning the Promotion of Small and Medium Companies and their Products
21. A business pilot according to Article 26 of the Civil Aeronautics Act
22. A transportation pilot according to Article 26 of the Civil Aeronautics Act
23. An air traffic controller according to Article 26 of the Civil Aeronautics Act
24. A flight engineer according to Article 26 of the Civil Aeronautics Act
25. An aviation specialist according to Article 26 of the Civil Aeronautics Act


4) In cases where a separate law defines the employment period of fixed-term workers differently
① Regulations for Contractual Position of Public Servants regulate that the employment period for contract public servants shall be the necessary period up to five years.
② The Enforcement Decree to the Staffing Educational Personnel and The Private School Act regulates that the employment period of fixed-term teachers shall be up to one year, and if necessary, can be extended up to 3 years.
③ The Act on Foreign Workers' Employment regulates that foreign workers can be employed for up to three years after entering Korea.
5) In cases where justifiable reason exists
① A fixed-term employee is needed to fill a vacancy arising from a worker's temporary suspension from duty or dispatch until the worker returns to work: In cases where the employee took a leave of absence due to giving birth, illness, military service, etc., or is on a long-term dispatch, a fixed-term employee can replace him or her on a temporary basis.
② The period needed for a worker to complete schoolwork or vocational training is defined: When an employee takes the chance to develop his/her job skills, such training period during his/her employment shall be exceptional for its limit.
6) Consideration of legislative policies (this exception is gradually extended)
① In cases where earned income falls within the highest 25%
For persons engaged in occupations like managers, professionals, and other similar jobs according to the Korean Standard Classification of Occupations and whose earned income falls within the highest 25%, employment period limits do not apply. Earned income is determined by the average annual earned income of the past two years.
② In cases where jobs are provided to develop the public's vocational competency, promote employment and offer necessary social services in accordance with other laws such as the Basic Employment Policy Act and the Employment Insurance Act, employment period limits do not apply.
③ In cases where jobs are provided to promote the employment of discharged soldiers and stabilize their livelihoods pursuant to Article 3 of the Support for Discharged Soldiers Act, employment period limits do not apply.
④ In cases where a person who has professional military knowledge or skills recognized by the Minister of Defense is engaged in the relevant field or where a person teaches national security and military science in a university pursuant to subparagraph 1 of Article 2 of the Higher Education Act, employment period limits do not apply.
⑤ In cases where a person with exceptional experience is engaged in a field related to national security, national defense, diplomacy or unification, employment period limits do not apply.
⑥ Where a person is engaged in work specified in any of the following items in a school under Article 2 of the Higher Education Act (including graduate schools under Article 30 of the same Act), employment period limits do not apply: 1) Work of a teaching assistant under Article 14 of the Higher Education Act; and 2) Work of an adjunct teacher, professor emeritus, part-time instructor, visiting teacher, etc., under Article 7 of the Enforcement Decree to the Higher Education Act.
⑦ In cases where a part-time worker's weekly working hours, under Article 18 of the Labor Standards Act, is evidently short, employment period limits do not apply.
⑧ For athletes under subparagraph 4 of Article 2 of the National Sports Promotion Act and for persons engaged in teaching sports pursuant to subparagraph 6 of the same Article, employment period limits do not apply.
⑨ Where a person is directly engaged in research work or directly involved in research work as an assistant, such as by carrying out experiments, surveys, etc., employment period limits do not apply in any of the following research institutions:
1) National or public research institutions; 2) Government-invested research institutions established under the Act on the Establishment, Operation and Fosterage of Government-Invested Research Institutions and the Act on the Establishment, Operation and Fosterage of Government-Invested Science and Technology Research Institutions; 3) Specific research institutions under the Support of Specific Research Institution Act; 4) Research institutions established under the Act on the Establishment and Operation of Local Government-Invested Research Institutes; 5) Public institution-affiliated research institutions under the Act on the Management of Public Institutions; 6) Company- or university-affiliated research institutions; and 7) Research institutions which are corporations established under the Civil Act or any other Act.

III. The Right of Fixed-term Workers to Expect Renewal of their Employment Contract

1. Concept
The problems surrounding the use of non-regular workers in Korea occurred due to their overuse through managerial dismissal and worker dispatch laws, in efforts to cope with the IMF financial crisis in 1997. In order to limit such use and encourage their transition into full-time employment whenever possible, the Act on the Protection, etc. of Fixed-term and Part-time Workers (hereinafter referred to as the "Fixed-term Workers Act") was enacted. The Fixed-term Workers Act, enacted in 2007, stipulates that fixed-term workers can be used for a maximum of two years, after which the fixed-term worker is regarded as a non-fixed term worker (Article 4 of the Act). This regulation was introduced to limit the use of fixed-term workers and to eliminate employment insecurity by promoting the renewal of their employment in cases where fixed-term workers had worked for more than two years.
Article 4 of the Fixed-term Workers Act stipulates that fixed-term workers can be used for two years, with some exceptions. Nevertheless, the right to expect renewal is assured in cases where the fixed-term contract can be renewed, with a condition; the worker can reasonably expect to have his/her fixed-term contract renewed. In addition, the exemption clauses of fixed-term employment are exceptional for repeated employment contracts for professional workers and older workers, which add to confusion on the worksite, making it necessary to establish the details and specific criteria for this. In this regard, I would like to specifically examine the laws, precedents, and reasons for the right to expect renewal.

2. Restriction on the Term of the Fixed-term Workers Act (Article 4) and the Right to Expect Renewal
1) Details in the Fixed-term Workers Act, Article 4
Article 4 of the Fixed-term Workers Act limits the period of use for fixed-term workers to two years. The Fixed-term Workers Act: Article 4 (Employment of Fixed-term Employees) ① An employer may employ a fixed-term employee for a period not exceeding two years (in cases where a fixed-term labor contract is repeatedly renewed, the total consecutive employment period shall not exceed two years.): Provided that an employer may employ a fixed-term employee for more than two years in any of the following cases:
1. Where the period required for completion of a project or particular task is defined;
2. Where a fixed-term employee is needed to fill a vacancy arising from a worker’s temporary suspension from duty or dispatch;
3. Where the period required for a worker to complete his/her education or vocational training is defined;
4. Where a fixed-term labor contract is made with an aged person as defined in Article 2 Subparagraph 1 of the Aged Employment Promotion Act;
5. Cases prescribed by Presidential Decree, where the job requires professional knowledge and skills or is offered as part of the government’s welfare or unemployment measures;
6. Other cases prescribed by Presidential Decree, where there are reasonable grounds equivalent to those described in subparagraphs 1 through 5.
② If an employer employs a fixed-term employee for more than two years, even though grounds under the proviso to paragraph (1) do not exist or cease to exist, the fixed-term employee shall be considered as a worker who has made a non-fixed term labor contract.
The reason for this limitation is as follows: (1) In Article 16 of the previous version of the Labor Standards Act, the upper limit is set as one year, but there is no restriction on the total period of use through repeated renewal of the labor contract. This enabled employers to repeat fixed-term employment contracts as a means of avoiding the restriction against dismissal according to Article 23 of the LSA. This has increased the number of workers in fixed-term contracts; and (2) It is a principle that employment is terminated automatically upon expiration of the contract. However, if an employment contract is renewed several times, it may be interpreted as being an employment contract without a fixed term. In that case, as the habitual practice of the contract, the intention of the parties, the expectation of renewal, the nature of the work, and other various factors need to be considered, it has been pointed out that the workers are not likely to win a dismissal case, and that such dismissal cases are inconsistent, which led to enactment of the Fixed-term Workers Act. Labor Law Practice Study,「Labor Standards Act Translation II」Parkyoungsa, 2010, pp. 17-18.
Since adoption of this Act, even if an employment contract is repeated a number of times, there is no such dispute because the term can only be a maximum of two years. However, in instances of a fixed-term labor contract where there are conditions for renewal even if there is no provision for renewal, if there is a trust in the relationship to expect renewal of the fixed-term contract, the right to expect renewal is still valid even after introduction of the Act.

2) The right to expect contract renewal
The right to expect renewal is not specified in the Fixed-term Workers Act, but has been consistently recognized in court rulings, and has the same role as the subsidiary clause of Article 4 of the Fixed-term Workers Act. The right to expect renewal means that if a contract is signed for fixed-term employment, but it is reasonable to expect contract renewal, if the employer refuses to renew the contract for no reasonable justification, the effect is the same as for unfair dismissal. In this case, any employment after the contract expires shall be regarded as a renewal of the old labor contract.

The Supreme Court concluded, "In the case of a term of employment contract, the employment contract between the parties shall be terminated without waiting for a separate action such as dismissal of the employee when the period expires. However, (1) except in a case where the original period is renewed over a long period of time and the fixed period is only a form;

(2) in cases where there is a provision stipulated in the employment contract and the rules of employment that the fixed-term contract will be renewed if certain requirements are met despite expiration of the period; or (3) if there is a trust relationship between the parties that the employment contract will be renewed if certain requirements are met, even if there is no such specific provision; the refusal to renew the employment contract can be considered dismissal rather than termination of the contract due to expiration of contract period.”
Since enactment of the Fixed-term Workers Act, the total contract period is limited to two years in principle, resolving the above issue (1) to some degree. However, since issues (2) and (3) arise from the expectation of conditional renewal and the right to expect renewal, disputes have often arisen between workers and employers.

3. Rational Justification for Refusing Renewal after Recognition of the Right to Expect Renewal
1) Reasons to refuse renewal provides the criteria: "If a reasonable expectation that an employment contract will be renewed is granted to a worker, it is ineffective for the employer to unfairly refuse to renew the employment contract without reason. If there is reasonable justification to not renew the contract, even if the employee has a reasonable expectation of the renewal, such reasons can be evaluated by considering the following: (1) The employer’s purpose and characteristics of the business, workplace conditions, the employee’s position and job responsibilities; (2) The process of signing an employment contract; ③ Whether or not the requirements and procedures for renewal of the employment contract are set up and its operational status; and ④ Whether the employee bears responsibility or not. The reason for refusal and the procedure should be judged based on socially-accepted standards, on the basis of being objective, reasonable and fair, with the burden of proof for such matters borne by the employer."
Even if legitimate expectation of renewal of a fixed-term worker’s employment contract is recognized, it is sufficient for the employer to refuse to renew the contract if there is a rational justification deemed to be equivalent to the socially-accepted standard, which is a relaxed standard rather than a legitimate reason.
This is because it would suggest rational justification for replacing the renewal expectation, or suggest that the expectation of renewal has changed.

2) Related labor cases
① Cases where there is no reason to refuse to renew the contract
(i) Worker A signed an employment contract for two years from October 26, 2010 to October 25, 2012. According to the employment contract, the contract could be renewed one month before the expiry date. One month before expiration of the contract, the company informed worker A that the labor relationship would be terminated on October 25, the expiry date of the employment contract. The company informed worker A that the personnel evaluation results were “not good”, which was the reason for termination of the contract. However, at that time, the company's personnel evaluation criteria were vague, and objectivity was low. Supreme Court ruling on Nov. 10, 2016, 2014doo45765: As there was no objectivity in the personnel evaluation, the case was admitted as an unfair dismissal.

(ii) The company is a foundation that operates social work support projects for unemployed people. Worker A was hired by the company on October 26, 2010, and worked as a team leader who supported the establishment of social enterprise. The enterprise informed Worker A on September 24, 2012 that the employment contract would expire on October 25, 2012. One month before expiration, the company considered whether or not it would switch to full-time employment through personnel evaluation. Seoul Appeal Court ruling Nov. 6, 2014, 2013noo53679: At the end of the term contract period, the company evaluated whether to convert to full-time employment through personnel evaluation. The worker had an expectation of renewal, and the company was not fair in its personnel evaluation.

(iii) Seoul Metropolitan Government Facility Management Corporation had concluded contracts for the transportation of persons with disabilities by setting a contract period of one year with the driver, and then did not renew the contract. It is stated that the Call Taxi for the Handicapped by the City of Seoul is to renew the contract period on a yearly basis and that the purpose for this is to be able to replace unsatisfactory people. This service for the disabled cannot be regarded as a temporary business and has term extension regulations for the contract with the drivers. Considering the aforementioned, it is considered that the drivers who belong to this facility management corporation are granted the right to expect that their fixed-term contract will be renewed. It is a regular business which re-contracts on a yearly basis. The company refused to renew the contract through personnel evaluation. There was no fairness and objectivity in the personnel evaluation.


② For exceptional occupations, the right to expect renewal is recognized
(i) In the case of a certain plaintiff (an in-house lawyer), the labor contract could not be regarded as having no fixed term, as the plaintiff had had the contract renewed four times over five years. The plaintiff had reason to expect renewal as he/she had been responsible for necessary tasks as the lawyer for the company and had the reasonable expectation of the contract being renewed so as long as he/she wished to continue to work. Seoul District Court ruling on Apr. 19, 2012: 2011gahap 21933. Persons in professional jobs belonging to the exception to the limit of 2 years of the term of Article 4 of the Fixed-term Workers Act have the right to expect renewal.

(ii) The defendant, Gimcheon City, had commissioned the plaintiffs (the symphony orchestra members) as non-permanent members in December 1, 2004, and entered into two-year contracts. However, the City suddenly did not renew the plaintiffs’ contracts after expiration in January 2011, as it had decided to select new members through a new screening process before the final contract expired. In November 2011, it announced the recruitment of the Gimcheon City arts group. The City asked the plaintiffs to take the new screening test. The candidates’ current address of Daegu or Gyeongbuk as of the announcement date was added as a qualification requirement for common examination. Because of this, plaintiffs who lived in Seoul, Milyang, and Busan at that time failed to meet the qualification requirements and so Gimcheon City refused to renew their contracts. In the case of exemption from Article 4 of the Fixed-term Workers Act, the right to expect renewal is applied.

(iii) Company S entered into an employment contract with the plaintiffs for one year in October 2011, after which they worked as a golf course management team with no updated contracts until February 2014. Company S's retirement age was 55, and the plaintiffs had already reached this age before or during the term of the contract. Company S signed an employment contract with the plaintiffs in March 2014 which set the work period for one additional year, and notified the plaintiffs in January 2015 that their contract period would expire in February. In the case of the plaintiffs, it can be said that the retirement age did not convert them into unqualified workers. It could be expected that the labor contract would be renewed, and that there was no reason to refuse the renewal, and so the refusal to renew their contracts amounts to unfair dismissal.

③ Cases where the right to expect renewal cannot be established
(i) A certain employee had been working as a full-time professional commissioner in the Civil Rights Commission with a contract period ending December 31, 2008, and worked as a professional adviser from January 1, 2009 to December 31, 2009, after which he had to resign due to contract expiration. There was no right to expect renewal because the Commission announced that this job was not a position which would be converted into non-fixed employment, in accordance with ‘Regulations on Irregular Workers in Public Institutions.’

(ii) Hyundai Motor Company employed a fixed-term worker and renewed the employment contract 14 times over short periods of 2 weeks to a maximum of 6 months. After 2 years, it notified the worker of expiry of the contract, which was not renewed on January 31, 2015. There were no precedent cases in which other irregular workers in the company became full-time workers, and so there was no right to expect renewal because, while the position was constantly needed, it was regarded as a temporary task to fill the vacancies of regular workers.

4. Conclusion
If there is a statement in a labor contract that provides conditions for the renewal of a fixed-term contract, etc., or if there is a relationship of trust that it will be renewed, and in the case of regular continuous work, the expectation of renewal is recognized even though a fixed-term employment contract was made. In the case of professional workers who are exempted from the maximum employment contract period, and workers who have not retired after the retirement age, there can be an expectation of renewal. Therefore, it is necessary to utilize regular employees whenever possible for permanent jobs. Employers will have to hire fixed-term workers for temporary work only, or for work not expected to be subject to renewal of a fixed-term contract.

For further questions, please
call (+82) 2-539-0098 or email bongsoo@k-labor.com

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