Labor Law Q&A details

Chapter 9 Irregular Employee Management

Under which conditions can a fixed-term contract be concluded?

Article 4(1) (Employment of Fixed-Term Workers) Act on the Protection, etc. of Fixed-term and Part-time Workers, as last amended by Act No. 12469, Sep. 19, 2014

Fixed-term contract can be 2 years at maximum.


*Act on the Protection, etc. of Fixed-term and Part-time Workers

Article 4 (Employment of Fixed-Term Workers)(1) Any employer may hire a fixed-term worker for a period not exceeding two years (where his/her fixed-term employment contract is repetitively renewed, the total period of his/her continuous employment shall not exceed two years): Provided, That where a fixed-term worker falls under any of the following subparagraphs, any employer may hire such worker for more than two years:

1. Where the period required to complete a project or particular task is specified;

2. Where a fixed-term worker is needed to fill a vacancy arising from a worker's temporary suspension from duty or dispatch until the worker returns to work;

3. Where the period required for a worker to complete his/her schoolwork or vocational training is specified;

4. Where an employer enters into an employment contract with a senior citizen as defined in subparagraph 1 of Article 2 of the Employment Promotion for the Aged Act;

5. Where the job requires professional knowledge and skills or is offered as part of the Government's welfare or unemployment measures, as prescribed by Presidential Decree;

6. Where any reasonable ground exists equivalent to those mentioned in subparagraphs 1 through 5, as prescribed by Presidential Decree.

(2) Where any employer hires a fixed-term worker for more than two years although those grounds under the proviso to paragraph (1) do not exist or cease to exist, such fixed-term worker shall be deemed a worker subject to non-fixed term employment contract.

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call (+82) 2-539-0098 or email bongsoo@k-labor.com

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