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Labor Relations

What is a Contract Worker?

10/1/2025
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Author:system
Most non-regular workers are contract workers with a fixed employment contract period. 'Contract worker' is not a legal term but generally refers to workers employed under labor contracts with a defined period, such as temporary or daily workers, called contract workers or fixed-term workers. In contrast, regular workers enter into labor contracts without a fixed period, are not dismissed without just cause, and have their employment guaranteed until retirement age. That is, unlike regular workers, contract workers only differ in having a fixed contract period, but they are subject to the same application of all labor-related laws, and can use annual paid leave, maternity leave, etc., as well as engage in union activities. Content related to fixed-term contract employment is specified in the 'Act on the Protection, etc. of Fixed-Term and Part-Time Workers,' and the specific details are as follows.


1) Article 4 (Use of Fixed-Term Workers)


① An employer may employ fixed-term workers within the range not exceeding 2 years (in cases of repeated renewal of fixed-term labor contracts, etc., within the range where the total continuous employment period does not exceed 2 years). However, if any of the following subparagraphs applies, they may employ fixed-term workers exceeding 2 years.

- In cases where a period is set as necessary for the completion of business or specific tasks, where a vacancy occurs due to leave or dispatch and it is necessary to fill that position until the worker returns, where a period is set as necessary for the worker to complete studies, vocational training, etc., when entering into a labor contract with a senior as defined in Article 2, Paragraph 1 of the 'Act on Promotion of Employment for the Elderly,' in cases requiring the use of specialized knowledge or skills, and in cases providing jobs in accordance with government welfare policies, unemployment measures, etc., as prescribed by Presidential Decree, or other cases with reasonable grounds equivalent to subparagraphs 1 to 5 as prescribed by Presidential Decree


② If an employer employs fixed-term workers exceeding 2 years despite the absence or extinction of the reasons in the proviso of Paragraph 1, such fixed-term workers shall be deemed as workers who have entered into an indefinite-term labor contract.


2) Article 6 (Restrictions on Overtime for Part-Time Workers)


① When requiring a part-time worker to work exceeding the prescribed working hours under Article 2 of the 'Labor Standards Act,' the employer must obtain the worker's consent. In such cases, they cannot require work exceeding 12 hours per week.


② A part-time worker may refuse overtime work if the employer requires it without obtaining consent under Paragraph 1.

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