Labor Inspection Preparation

Chapter 7 Irregular Employee Management

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

(1) Jobs Permitted for Worker Dispatch (Article 5 of the Employee Dispatch ACT)
1)        Jobs permitted for worker dispatch shall be those jobs judged suitable for that
purpose given their nature and the expertise, skills or experiences they require, and prescribed by the Presidential Decree (32 jobs), but excluding direct production jobs in the manufacturing.
2)        Any person shall not run worker dispatch undertakings or be offered the labor
service from such worker dispatch in violation of the related articles.
3)        In case where there is a vacancy due to child birth, illness, injury, etc., or the need
to temporarily/occasionally secure manpower, worker dispatch may be permitted.
4)        If an employer intends to use dispatched workers in this case, he/she shall have
sincere consultation with the employee representative in advance.
5)        Notwithstanding the exceptional provisions, worker dispatch shall be not permitted
for work described in any of the following subparagraphs.
6)        If an employer uses a dispatched employee at jobs prohibited for worker dispatch,
the employer shall have obligation to hire hi/her immediately. (If not, a fine shall be charged.)
(2)        Jobs Prohibited for Worker Dispatch
1)        Work performed on a construction site;
2)        Job areas in which worker supply services are permitted involving the cargo work;
3)        Seamen's work;
4)        Hazardous and dangerous work;
5)        For work in areas that are considered to contain hazardous dust;
6)        The work that is subject to the issuance of health management pocketbooks as
prescribed in the Occupational Safety and Health Act; 6.
7)        The work of medical persons and the work of assistant nurses;
8)        The work of medical technicians;
9)        The driving work in a passenger vehicle transport business; and
10)        The driving work in a freight vehicle transport business.
(3)        The using employer shall directly employee dispatched worker concerned in cases of illegal dispatches. (Article 6 – 2)

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Article 5 (Jobs, etc., Permitted for Worker Dispatch)

(1)Jobs permitted for worker dispatch shall be those considered suitable for that purpose given their nature or required professional knowledge, skills or experience, and prescribed by the Presidential Decree, except for those directly related to production in the manufacturing industry.

(2)Notwithstanding paragraph (1), if a vacancy occurs due to childbirth, illness, injury, etc., or there is a need to temporarily or intermittently secure manpower, worker dispatch undertakings may be carried out.

(3)Notwithstanding paragraphs (1) and (2), worker dispatch undertakings shall not be carried out for the following jobs:

1.Jobs performed at a construction site;

2.Stevedoring jobs under subparagraph 1 of Article 3 of the Harbor Transport Business Act, Article 9 (1) 1 of the Railroad Transport Business Act, Article 40 of the Act on Distribution and Price Stabilization of Agricultural and Fishery Products, and Article 2 (1) 1 of the Facilitation of Goods Distribution Act, for which worker supply services are permitted pursuant to Article 33 of the Employment Security Act;

3.Seamen's jobs under Article 3 of the Seaman Act;

4.Harmful or hazardous jobs under Article 28 of the Occupational Safety and Health Act; and

5.Other jobs prescribed by the Presidential Decree as they are deemed not suitable for worker dispatch undertakings on grounds of worker protection, etc.

(4)If an employer intends to use a dispatched worker under paragraph (2), he/she shall have sincere consultation in advance with a trade union of the business or workplace concerned if there is a trade union with a majority of workers as its members, or if there is no such trade union, with a person representing a majority of workers.

(5)No person shall carry out a worker dispatch undertaking or receive worker dispatch service from a person who carries out a worker dispatch undertaking in violation of paragraphs (1) through (4).

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

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