Introduction
We counsel our clients on the restrictions, exemptions, and other legal issues that apply to fixed-term and part-time employees, and dispatched workers (collectively referred to as “non-regular” workers in Korea), including significant anti-discrimination protections. Issues such as the general two-year limit on fixed-term employment, and an “expectation” of contract renewal, are commonly encountered. And Korea imposes particularly strict controls on using dispatched workers, i.e. manpower supply. Violation of those manpower-supply rules can lead to various forms of liability, including criminal penalties and an obligation to hire the relevant workers directly. We provide clients with sophisticated counseling on the compliance challenges posed by outsourcing and service arrangements. Drawing on extensive experience and a comprehensive analysis of case law, we have developed a tool that allows us to quantify the risk that our clients’ relationships with outside contractors could be recharacterized as illegal manpower supply. We are then able to tailor solutions that lower our clients’ risk scores while minimizing the business impact.
Professionals
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