Exceptions to limits on employment periods
Exceptional allowance for employment exceeding two years
- A fixed-term employer may be employed for an excess of two years if any one of the following applies (the proviso of Article 4(1) of the Act on the Protection of Fixed-Term and Part-Time Employees; Article 3 of the Enforcement Decree of the Act on the Protection of Fixed-Term and Part-Time Employees):
1. A period required to complete a project or particular task is specified
2. There is a need to fill a vacancy arising from an employee’s leave of absence, temporary agency, etc., until the employee in question returns to work
3. A period necessary for an employee to complete their education, vocational training, etc., is specified
4. An employment contract is concluded with a senior citizen (at least 55 years of age) under subparagraph 1 of Article 2 of the Act on Prohibition of Age Discrimination in Employment and Elderly Employment Promotion
5. When professional knowledge/skills are required and any one of the following applies.
· The employee holds a doctorate (including one awarded abroad) and is engaged in the relevant field
· The employee holds a technical-grade national technical qualification under subparagraph 1 of Article 9 of the National Technical Qualifications Act and is engaged in the relevant field
· The employee holds a professional qualification as prescribed in Attached Table 2 of the Enforcement Decree of the Act on the Protection of Fixed-Term and Part-Time Employees and is engaged in the relevant field
6. The job is offered as part of the government’s welfare policy or unemployment measures, etc., and any one of the following applies.
· The job is offered for the development of citizens’ vocational abilities, promotion of employment, and the supply of socially necessary services, etc., according to other laws, such as the Framework Act on Employment Policy, the Employment Insurance Act, etc.
· The job is offered for the increased employment and stable livelihood of veterans under Article 3 of the Support for Veterans Act.
· Veterans affairs helpers and other welfare support personnel operate for the increased welfare and stable livelihood of persons entitled to veterans' benefits under Article 19(2) of the Framework Act on Veterans Affairs
7. Other laws prescribe employment periods for fixed-term employees differently than Article 4(1) of the Act on the Protection of Fixed-Term and Part-Time Employees or allow the conclusion of employment contracts prescribing different periods
8. An employee who has specialized military knowledge and skills recognized by the Minister of National Defense and engages in a relevant job or lectures on subjects relating to security and military science at a university or a college under subparagraph 1 of Article 2 of the Higher Education Act
9. An employee who has a special career and engages in work relating to national security, national defense, diplomacy, or reunification
10. An employee engages in the following work in a school under Article 2 of the Higher Education Act (including in graduate school universities or colleges under Article 30 of the Higher Education Act).
· The work of associate or assistant professors (Article 14 of the Higher Education Act)
· The work of honorary professors, teachers holding concurrent posts, visiting teachers, etc. (Article 7 of the Enforcement Decree of the Higher Education Act)
11. The earned income under Article 20(1) of the Income Tax Act (meaning average annual earned income for the past two years) of a person with an occupation under major classifications 1 and 2 of the Korean Standard Classification of Occupations publicly notified under Article 22 of the Statistics Act is in the 75th percentile of the earned income of individuals engaged in large classification 2 of the Korean Standard Classification of Occupations from the Minister of Employment and Labor’s recent survey of employment status by the form of employment
12. A part-time employee’s weekly contractual work hours under Article 18(3) of the Labor Standards Act are manifestly short
13. An employee is engaged in work such as that of a player under subparagraph 4 of Article 2 of the National Sports Promotion Act or a certified sports leader under subparagraph 6 of the same Article
14. An employee is directly engaged in research work in any one of the following research institutions or work directly involved in and supporting research work by performing experiments and investigations etc.
· A national or public research institute
· A government-funded research institute established under the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes or the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes
· A specific research institute under the Specific Research Institutes Support Act
· A research institute established under the Act on the Establishment and Operation of Local Government-Invested Research Institutes
· A research institute affiliated with a public institution under the Act on the Management of Public Institutions
· An institution affiliated with an enterprise or university
· A research institute incorporated under the Civil Act or other statute