MOEL Interpretation

Non-Regular Workers Act

Act on the Protection of Fixed-term and Part-time Employees – General Provisions


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596 Records
596.Inquiry 1) How to calculate the continuous service period when the same fixed-term employee is employed in different departments within the same central government ministry. Inquiry 2) How to calculate the continuous service period when the hiring authority is different. Inquiry 3) How to calculate the continuous service period when Employee A is employed for the same work over three years with a break every January, and how to calculate it when the employee is employed for different work in the same manner.
595.According to the 4th Basic Livelihood Measures Review Meeting (BH, Dec. 9, 2011), it was decided to integrate the 1339 Emergency Medical Information Center into 119, and the related personnel were transferred from the Ministry of Health and Welfare to the National Emergency Management Agency. Each city and provincial fire headquarters has signed employment contracts with the transferred 1339 personnel with the contract term stated as “Contract period: June 22, 2012 (Fri) ~ No fixed term” and is operating under this arrangement. Is it possible to employ the transferred 1339 Emergency Situation Managers as fixed-term employees for more than two years, as an exception under Article 4(1) Proviso of the 「Act on the Protection, etc. of Fixed-Term and Part-Time Employees」?
594.If municipal art troupe members undergo performance evaluations every two years and are reappointed accordingly, should this be regarded as continuous employment exceeding two years and thus deemed as conversion to an indefinite-term contract? Additionally, if some members’ total service period exceeds two years due to repeated renewals, can they be dismissed through unscheduled or regular practical evaluations without undergoing the reappointment process, by dismissing only those scoring below a certain threshold?
593.Whether court contract stenographers (public officials) fall under the category of fixed-term employees as defined by the Fixed-Term Employment Act
592.The ○○ Research and Development Special Zone Welfare Center was established as an affiliated institution of the ○○ Research and Development Special Zone Support Headquarters, based on the 「Act on the Promotion of ○○ Research and Development Special Zones, etc.」. It manages and operates welfare facilities for workers in the special zone. Without government subsidies, it supports (covers deficits) the operation of welfare facilities such as sports centers, general stadiums, and childcare centers through operating income from facilities such as sports parks. To operate these facilities, it employs about 100 daily workers, part-timers, contract workers, and part-time staff. Given the nature of its work, which is practically run in the form of a general business with approximately 221 employees, the question is whether it should be classified as a public institution under the establishment grounds and be subject to the 「Fixed-term Employment Act」 from July 1, 2007.
591.Inquiry as to whether participants in self-sufficiency programs implemented under the National Basic Living Security Act are subject to the 「Fixed-term Employment Act」
590.Inquiry as to whether temporary administrative staff working at overseas missions and consulates are subject to conversion to indefinite-term employment.
589.Inquiry as to whether, if a residents’ autonomous committee within a community service center, an apartment residents’ representative meeting, or an independent “Small Library” management committee constitutes a workplace with four or fewer regular workers, it is permissible to continue employing a fixed-term worker for more than two years.
588.The “○○ River 1300-ri △△Naru Grand Festival” is organized by the “○○ Buk-gu Cultural Tourism Festival Organizing Committee (Inc.),” whose chairperson is the head of the Buk-gu District Office. The district office contributed 50 million KRW, and the incorporation was registered on June 24, 2011. ‒ The committee has a board of directors with 13 members, a general assembly with 34 members, and an executive committee with 10 members. The secretariat employs two regular workers on fixed-term contracts. Article 3(1) of the 「Fixed-term Employment Act」 stipulates that the Act applies to all businesses or workplaces employing five or more regular workers, and Article 3(3) provides that for institutions of the state and local governments, the Act applies regardless of the number of workers employed. ‒ The question is whether the 「Fixed-term Employment Act」 Article 4 applies to the “○○ Buk-gu Cultural Tourism Festival Organizing Committee (Inc.)” when it has only two regular employees.
587.The district office enacted the 「○○ Metropolitan City △△ District Community Social Welfare Council Operation Ordinance」 (July 5, 2005) based on Article 7-2 of the 「Social Welfare Services Act」 and Articles 1-4 and 1-5 of its Enforcement Rules, and is currently operating the Community Social Welfare Council. According to the 2013 Community Social Welfare Council Operational Guidelines (Ministry of Health and Welfare) and Article 8 of the district’s ordinance, the Community Social Welfare Council may appoint and place a full-time paid secretary. The operational guidelines state that “as a rule, the secretary’s status shall be indefinite-term; however, exceptions may be made according to the local government’s financial situation or separate guidelines.” The district provides budgetary support to the Community Social Welfare Council, which allocates the funds for project expenses, operating costs, and personnel expenses. The secretary is publicly recruited by the Council, and the Council’s chairperson is the head of the district office (ex officio) and one person elected from among members appointed by the head of the district office as co-chairpersons. If the secretary’s total continuous service period exceeds two years, should they be regarded as an indefinite-term employee included in the district office’s total labor cost budget?
586.At the company’s overseas branch located in the U.A.E., a Korean national was hired locally under an employment contract that designates U.A.E. law as the governing law in the event of any dispute between the parties. ‒ In this case, does the designation of U.A.E. law as the governing law mean that Korea’s 「Fixed-term Employment Act」 and 「Labor Standards Act」 do not apply?
585.Inquiry 1 Affiliated facilities of the university headquarters are institutions with separate business registration numbers, and fixed-term employees sign one-year contracts with the head of each facility. ‒ If an affiliated facility of the university headquarters is reorganized into a directly affiliated institution of the headquarters, at what point is a fixed-term employee deemed converted to an indefinite-term contract? Inquiry 2 After the expiration of a two-year contract at an affiliated facility within the university headquarters, an employee was newly hired by another institution within the university to perform different duties. ‒ If the newly hired institution and the former affiliated facility are integrated through organizational restructuring, at what point does the deemed conversion to an indefinite-term contract occur?
584.A local government annually employs 50 forest fire watchers for a total of 150 days each year during the spring (February 1–May 15) and autumn (November 1–December 15) seasons. If the same individuals are repeatedly hired, does the total period of continuous service (by summing up 150 days each year) constitute employment beyond two years under the 「Fixed-term Employment Act」, thereby requiring conversion to an indefinite-term contract from the point when the total exceeds two years?
583.Inquiry1) Method of calculating the continuous service period when the same fixed-term employee is employed in different departments within the same central government ministry Inquiry2) Method of calculating the continuous service period when the hiring authority differs Inquiry3) Method of calculating the continuous service period when Employee A is employed for the same work for three years with a break each January, and when Employee A is employed for different work under the same pattern
582.Under the 「Act on the Protection, etc. of Fixed-term and Part-time Employees」 (hereinafter referred to as the “Fixed-term Employment Act”), if a fixed-term employment contract is repeatedly renewed and the total period of continuous employment exceeds two years, the employee is deemed to have concluded an indefinite-term contract. In this case, if an employee works continuously for two years by renewing a one-year contract once, then submits a letter of resignation to receive severance pay and immediately enters into a new fixed-term employment contract, should this be deemed a case where an indefinite-term employment contract has been concluded?
581.In September 2006, an employment contract was signed with a university hospital to work as a secretary, in which only the employment start date was specified and no end date was indicated (the period of employment was left blank). There was also no verbal mention of the contract period, leading the employee to believe the employment would continue indefinitely. The employee has since worked for 22 months, but was recently advised by the hospital that the employment would be terminated in September 2008 due to the two-year limit on fixed-term employment under the Fixed-term Employment Act. The question is whether the contract should already be deemed an indefinite-term employment contract.
580.How should the continuous service period be calculated when there is a break of 5 days between two contract periods, and when a fixed-term employee worked at Public Health Center C for one year and then at Public Health Center D for another year?
579.If a public institution enters into a service commission agreement with a public corporation for the operation of certain facilities previously managed by the institution, and fixed-term employees who had been working at the public institution sign new employment contracts with the corporation, from which point should their continuous service period be calculated?
578.A district-operated youth facility is currently being run under private commission. Due to circumstances justifying the termination of the current service contract, the contractor is to be changed from Company A to Company B during the contract period. In this case, is Company B obligated to succeed the employment of workers from Company A?
577.Fixed-term workers were repeatedly hired only during the public land price assessment period to carry out individual land value assessment tasks. Upon the end of each employment period, workers with at least 180 days of total service received unemployment benefits. The question is whether, in cases where these workers are rehired after receiving unemployment benefits, the previous periods of employment should be aggregated toward the two-year threshold for conversion to indefinite-term employment under the Fixed-term Employment Act.
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