ACT ON THE PROTECTION OF FIXED-TERM AND PART-TIME EMPLOYEES

CHAPTER I GENERAL PROVISIONS

Article 1(Purpose) #

The purpose of this Act is to promote the sound development of the labor market by redressing undue discrimination against fixed-term and part-time employees and improving their working conditions.

Article 2(Definitions) #

The definitions of the terms used in this Act are as follows: <Amended on Apr. 11, 2007; Mar. 22, 2013; May 26, 2020>

1. The term "fixed-term employee" means an employee who has signed an employment contract whose period is fixed (hereinafter referred to as "fixed-term employment contract");

2. The term "part-time employee" means a part-time employee defined in Article 2 of the Labor Standards Act;

3. The term "discriminatory treatment" means unfavorable treatment in terms of any of the following matters without any justifiable grounds:

(a) Wages under Article 2 (1) 5 of the Labor Standard Act;

(b) Incentive pay on a regular basis such as regular bonuses and holiday bonuses;

(d) Other matters concerning working conditions and welfares.

Article 3(Scope of Application) #

(1) This Act shall apply to all business or workplaces regularly employing at least five employees: Provided, That this Act shall not apply to business or workplaces which employ only relatives living together with their employer, nor to servants hired for domestic work.

(2) With respect to business or workplaces regularly employing up to four employees, part of the provisions of this Act may apply, as prescribed by Presidential Decree. <Amended on May 26, 2020>

(3) With respect to State and local government agencies, this Act shall apply regardless of the number of employees they regularly employ. <Amended on May 26, 2020>

CHAPTER II FIXED-TERM EMPLOYEES

ACT ON THE PROTECTION OF FIXED-TERM AND PART-TIME EMPLOYEES

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Scope of Application) #

Article 4(Employment of Fixed-Term Employees) #

Article 5(Conversion to Employees on Non-Fixed Term Contract) #

Article 6(Restrictions on Overtime Work of Part-Time Employees) #

Article 7(Conversion to Full-Time Employees) #

Article 8(Prohibition of Discriminatory Treatment) #

Article 9(Application for Correction of Discriminatory Treatment) #

Article 10(Investigation and Inquiry) #

Article 11(Mediation and Arbitration) #

Article 12(Corrective Orders) #

Article 13(Details of Mediation, Arbitration, or Corrective Order) #

Article 14(Confirmation of Corrective Order) #

Article 15(Request for Submission of Compliance Report on Corrective Order) #

Article 15-2(Minister of Employment and Labor's Request for Correction of Discriminatory Treatment) #

Article 15-3(Extension of Confirmed Corrective Orders) #

Article 16(Prohibition of Unfavorable Treatment) #

Article 17(Written Statement of Working Conditions) #

Article 18(Notification to Regulatory Authorities) #

Article 19(Delegation of Authority) #

Article 20(Efforts by State to Promote Employment) #

Article 21(Penalty Provisions) #

Article 22(Penalty Provisions) #

Article 23(Joint Penalty Provisions) #

Article 24(Administrative Fines) #