Introduction
Many companies use dispatched workers to perform various tasks.
Typical industries employing dispatched workers include drivers, building cleaners, security guards, and parking lot attendants.
However, if an employer continues to use the same dispatched worker for more than two years or receives a dispatched worker for a job that is not subject to worker dispatch, the employer must directly employ the dispatched worker (as a permanent contract worker or a regular employee).
Obligation to Directly Employ
An employer must directly employ a dispatched worker if any of the following situations apply:
1. If the employer uses a dispatched worker in a job that does not fall under the scope of worker dispatch tasks (Article 5, Paragraph 1 of the Act on the Protection, etc. of Dispatched Workers, hereinafter referred to as the "Act"), the employer must directly employ the dispatched worker (Article 6-2, Paragraph 1, Subparagraph 1 of the Act).
Dispatched worker tasks are as follows:
| ■ Enforcement Decree of the Act on the Protection of Dispatched Workers [ Appendix 1] Tasks subject to worker dispatch |
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| Korean Standard Occupational Classification ( Statistics Office No. 2000-2 ) |
target work | note |
| 120 | Tasks of computer-related experts | |
| 16 | Administrative, business and financial professionals work | The work of administrative experts (161) is excluded . |
| 17131 | The work of a patent expert | |
| 181 | Duties of Archivists, Librarians, and Related Professionals | The work of a librarian (18120) is excluded . |
| 1822 | Work of translators and interpreters | |
| 183 | Work of creative and performing artists | |
| 184 | The work of experts in film, theater and broadcasting | |
| 220 | Tasks of computer-related quasi-professionals | |
| 23219 | Other electrical engineering technician duties | |
| 23221 | Telecommunications Technician's Work | |
| 234 | Drafting technicians , jobs including CAD | |
| 235 | Duties of optics and electronic equipment technicians | Limited to auxiliary tasks . The duties of laboratory technicians (23531), radiographers (23532), and other medical equipment technicians (23539) are excluded . |
| 252 | Tasks of non-regular education paraprofessionals | |
| 253 | Other education paraprofessional duties | |
| 28 | Arts , entertainment and sports paraprofessional work | |
| 291 | Management paraprofessional work | |
| 317 | Duties of Office Support Workers | |
| 318 | Duties of book , post and related office workers | |
| 3213 | Duties of collection and related office workers | |
| 3222 | Duties of Telephone Exchange and Number Information Office Workers | Excluding cases where the work of telephone exchanges and number guidance office workers is the core business of the business concerned . |
| 323 | Duties of customer-related office workers | |
| 411 | Personal protection and duties of related workers | |
| 421 | Jobs of food preparation workers | Cook work in tourism and lodging businesses under Article 3 of the 「Tourism Promotion Act 」is excluded . |
| 432 | Work of tour guide workers | |
| 51206 | serviceman's job | |
| 51209 | Other retail salesperson duties | |
| 521 | Duties of a telecommunications sales person | |
| 842 | Jobs of car drivers | |
| 9112 | Duties of building cleaning workers | |
| 91221 | Duties of janitors and guards | Security business according to Article 2 , Item 1 of the 「Security Business Act 」is excluded . |
| 91225 | Work of a parking lot attendant | |
| 913 | Duties of workers related to delivery , transportation and meter reading | |
In cases like the above, the worker dispatch period cannot exceed one year, except for special circumstances (such as vacancies due to childbirth, illness, or injury, or when there is a need to secure temporary or intermittent manpower) (Article 6, Paragraph 1 of the Act).
-- However, if there is an agreement between the dispatching employer, the user employer, and the dispatched worker, the dispatch period can be extended.
-- In this case, the extension period cannot exceed one year, and the total dispatch period cannot exceed two years (Article 6-2, Paragraph 1, Subparagraph 4 of the Act).
-- If the dispatch period exceeds two years, the user employer must directly employ the dispatched worker (Article 6-2, Paragraph 1, Subparagraph 3 of the Act).
However, for dispatched workers aged 55 or older, the worker dispatch period can be extended (Article 6, Paragraph 3 of the Act), so there is no direct employment obligation for the user employer in this case.
2. Workers can be dispatched in cases of vacancies due to childbirth, illness, or injury (Article 5, Paragraph 2 of the Act).
In cases of vacancies due to childbirth, illness, or injury, if the dispatched worker is used beyond the necessary period for the reason to be resolved (Article 6, Paragraph 4, Subparagraph 1 of the Act), the user employer must directly employ the dispatched worker (Article 6-2, Paragraph 1, Subparagraph 4 of the Act).
3. In cases where there is a need to secure temporary or intermittent manpower, workers can be dispatched (Article 5, Paragraph 2 of the Act).
In this case, the dispatch can only be for a period of up to 3 months.
However, if the reason does not disappear and there is an agreement between the dispatching employer, the user employer, and the dispatched worker, the period can be extended only once within the range of 3 months (Article 6, Paragraph 4, Subparagraph 2 of the Act).
If the dispatched worker is used beyond this period, the user employer must directly employ the dispatched worker (Article 6-2, Paragraph 1, Subparagraph 4 of the Act).
4. There are also prohibited tasks for worker dispatch (Article 5, Paragraph 3 of the Act, Article 2, Paragraph 2 of the Enforcement Decree).
If dispatched workers are used for these prohibited tasks, the user employer must directly employ the dispatched worker (Article 6-2, Paragraph 1, Subparagraph 3 of the Act).
| 1. Jobs performed at a construction site; 2. Harbor stevedore jobs defined in subparagraph 1 of Article 3 of the Harbor Transport Business Act; Article 9 (1) 1 of the Korea Railroad Corporation Act; Article 40 of the Act on Distribution and Price Stabilization of Agricultural and Fishery Products; and Article 2 (1) 1 of the Framework Act on Logistics Policies, which are performed in an area where worker supply service is permitted pursuant to Article 33 of the Employment Security Act; 3. Seafarers' jobs defined in subparagraph 1 of Article 2 of the Seafarers’ Act; 4. Harmful or hazardous jobs prescribed in Article 58 of the Occupational Safety and Health Act; 5. Jobs to perform dusty work defined in subparagraph 3 of Article 2 of the Act on the Prevention of Pneumoconiosis and Protection, etc. of Workers Suffering from Pneumoconiosis; 6. Jobs to issue health management cards pursuant to Article 137 of the Occupational Safety and Health Act; 7. Jobs working as medical personnel defined in Article 2 of the Medical Service Act, and as nursing assistants referred to in Article 80-2 of the same Act; 8. Jobs working as medical technicians pursuant to Article 3 of the Medical Service Technologists, etc. Act; 9. Driving jobs working for passenger transport businesses defined in subparagraph 3 of Article 2 of the Passenger Transport Service Act; 10. Driving jobs working for trucking transport businesses defined in subparagraph 3 of Article 2 of the Trucking Transport Business Act. |
Exceptions to Direct Employment
In cases where the dispatched worker explicitly expresses their opposition or the user employer is unable to pay wages due to reasons such as company rehabilitation, bankruptcy proceedings, or insolvency (Article 6-2, Paragraph 2 of the Act), the user employer does not have the obligation for direct employment.
