Labor Inspection Preparation

Chapter 7 Irregular Employee Management

6. The length of a dispatch period shall not exceed one year. If there is an agreement between the sending employer, the using employer, and the dispatched worker, the period may be extended. In this case, the extended period, if extended once, shall not exceed one year, and the total dispatch period, including the extended period, shall not exceed two years. If a using employer continues to use the dispatched worker in excess of two years, he/she shall directly employ the dispatched worker concerned ※ Applied to the Using Employer: Punishable with a fine imprisonment of up to three years, or by a fine not to exceed twenty million WON

(1)        Length of Dispatch Period (Article 6 of the Employee Dispatch Act)
1)        The length of a dispatch period shall not exceed one year, except for when the case falls under Article 5 (2) (in case where there is a vacancy due to childbirth, illness, injury, etc., or the need to temporarily or occasionally secure labor).
2)        If there is an agreement between the sending employer, the using employer, and the dispatched worker, the period may be extended. In this case, the extended period, if extended once, shall not exceed one year, and the total dispatch period, including the extended period, shall not exceed two years.
3)        With regard to aged dispatched workers under subparagraph 1 of Article 2 of the Aged Employment Promotion Act, notwithstanding the latter part of the provision of paragraph (2), the dispatch period may be extended for more than two years.
(2)        The period of worker dispatch under Article 5 (2) (exceptional reasons)
1)        Period required to resolve the cause in case where there are such clear and objective causes such as childbirth, illness and injury; and
2)        Period within three months in the case where there is a need to secure manpower on a temporary and intermittent basis. If the cause is not resolved and there is an agreement among a dispatch employer, a using employer, and a dispatched worker, the period may be extended one time, not to exceed three months.
(3)        Obligation of Employment (Article 6-2)
If a using employer continues to use the dispatched worker in excess of two years (including violation of jobs not permitted and using a dispatched employee from an unauthorized dispatched company), he/she shall directly employ the dispatched worker concerned.
(4) If a using employer directly employs a dispatched worker, working conditions for the dispatched worker shall be as follows:
1) If among workers employed by the using employer, there is a worker performing the same or similar kind of work the dispatched worker performs, working conditions prescribed in employment rules applicable to the worker shall apply to the dispatched worker; and
2) If among workers employed by the using employer, there is no worker performing the same or similar kind of work the dispatched worker performs the level of working conditions for the dispatched worker shall not be lower than the level of existing ones for the dispatched worker.

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Article 6 (Dispatch Period)

(1)A period of worker dispatch shall not exceed one year, except for cases falling under Article 5 (2).

(2)Notwithstanding paragraph (1), if there is an agreement between the sending employer, the using employer and the dispatched worker, the period may be extended. In this case, the extended period, if extended once, shall not exceed one year, and the total dispatch period, including the extended period, shall not exceed two years.

(3)With regard to aged dispatched workers under subparagraph 1 of Article 2 of the Aged Employment Promotion Act, notwithstanding the latter part of paragraph (2), the dispatch period may be extended for more than two years.

(4)The period of worker dispatch under Article 5 (2) shall be as follows:

1.A period required to resolve the cause in case where there is a clear and objective cause, such as childbirth, illness and injury, etc.; and

2.A period of less than three months in case where there is a need to secure manpower on a temporary and intermittent basis : Provided that if the cause is not resolved and there is an agreement among the sending employer, the using employer and the dispatched worker, the period may be extended once for up to three months.

Article 6-2 (Obligation of Employment)

(1)If a using employer falls under any of the following subparagrpahs, he/she shall directly employ the dispatched worker concerned:

1.Where the using employer continues to use the dispatched worker in excess of two years in violation of Article 5 (2);

2.Where the using employer uses the dispatched worker in violation of Article 5 (3);

3.Where the using employer continues to use the dispatched worker in excess of two years in violation of Article 6 (2) or (4); and

4.Where the using employer continues to receive services from the dispatched worker in excess of two years in violation of Article 7 (3).

(2)The provisions of paragraph (1) shall not apply, if the dispatched worker clearly expresses an objection, or there is a justifiable reason prescribed by the Presidential Decree.

(3)If a using employer directly employs a dispatched worker pursuant to paragraph (1), working conditions for the dispatched worker shall be as follows :

1.If among the workers employed by the using employer, there is a worker performing the same or similar kind of work the dispatched worker performs, working conditions prescribed in employment rules applicable to the worker shall apply to the dispatched worker; and

2.If among the workers employed by the using employer, there is no worker performing the same or similar kind of work the dispatched worker performs, working conditions for the dispatched worker shall not be worse than the existing ones.

(4)If a using employer intends to directly employ a worker for a job for which a dispatched worker is already being used, he/she shall make efforts to preferentially employ the dispatched worker.

<This Article Newly Inserted by Act No. 8076, Dec. 21, 2006>

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