Chapter 7 Irregular Employee Management
- 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
-
Target employee for comparison
▶The judgment of discrimination shall require the existence of target employees for comparison. The target employees do not only play a role as a comparison criteria to estimate disadvantageous treatment, but also play a role as the basis and criteria for the Discrimination Correction Committee to determine parameters of the correction order. The target employees shall be term-less contract employees engaged in the same or similar job in the business or workplace.
▶The ‘same or similar job’ means the job that is similar in job classification, duties, and job specification. That is, it will be considered synthetically based on the possibility of substitution within each group of employees.
The prohibition scope of discriminative treatment: Wages and other working conditions
▶Justifiable Reason: With regard to justifiable reasons for discriminatory treatment, the burden of proof shall be placed on employers. (Article 9 (4) of the Short-term Employee Act)
