Labor Law Q&A details

Chapter 9 Irregular Employee Management

Calculation of continuous employment period if the contract is repeatedly renewed

I have concluded a labor contract that stipulates the labor contract period as follows.

2015/03/01-2016 /01/31 (11 months)

2016/03/ 01-2017/01/31 (11 months)

After the expiration of the first labor contract period, the HR representative of the company told me that they would recruit through the open recruitment process; I resubmitted the same resume and were hired in the same job again with the same condition one month later. There was a simple interview process, which I participated alone and did not seem to have any other applicants. Can I get a severance pay when I work more than one year?

In the case of labor contracts with fixed terms, the employment relationship is terminated at the expiration of the contract period,

but when the contract term is renewed by concluding a labor contract when the labor contract is expired or the labor contract of the same condition is concluded repeatedly, continuous service and the years of continuous service will be judged by adding renewed or repeated contract periods.

However, after the expiration of the labor contract, if applying a new public recruitment is possible and go through practical public recruitment processes such as job posting, document screening, interview, and assigning of new employee ID number, each labor contract period can be viewed as disconnected. In this case, however, if the open recruitment process through public recruitment is merely a formal one, and practically workers who have previously worked in the same job are re-hired and expectations for renewal or continued employment are formed, and the public recruitment procedure is merely for the purpose of legal evasion then the entire period of the contract of repetition should be recognized as continuous work, and the period of each contract must be summed up.

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

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