|Manual on Working Hours, Holidays and Leaves
- Author: Bongsoo Jung (PhD. In Law and Labor Attorney)
- Major Contents: Understanding of irregular employment, fixed-term employee, part-time employee,
dispatched worker, how to determine the employee status, types of cases related to employee status.
- Publisher: Kangnam Labor Law Firm(Total 412 pages, 206 each in English and Korean)
- Price: 30,000 KRW.
- Publishing date: September 11, 2020
This manual explains the labor law regulations and protections related to non-regular
workers, and then additionally describes, in a separate chapter, the criteria for determining
“worker” status in detail. Since the Worker Dispatch Act was enacted in 1998, the use
of non-regular workers has been very wide, so legislation restricting this was introduced
in 2007. The Act on the Protection of Non-regular Workers prohibits their use beyond
two years and also prohibits unjustifiable discrimination against them during those two
years. Nevertheless, in order to maintain profitability and employment flexibility,
companies continue to use irregular workers, disguising their use as if they were
subcontractors or dispatch employees. This is explained in detail herein, and examples
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.