This manual also explains in detail the judicial determination of worker status which has become an issue recently. For example, if an employer hires a person, but the person hired is not an employee, the employer can avoid the obligation under labor law to protect that person’s basic labor rights. This manual points out the risk of this behavior, presents objective criteria for determining worker status, and provides actual cases of how status has been determined by the courts. It is my hope that through this manual, HR managers will understand what constitutes illegal dispatch and disguised outsourcing in relation to non-regular workers, understand that actual employment relationship is key in determining worker status, and otherwise find this manual of great use in practice.
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