Drafting employment contracts
The concept of employment contracts- An “employment contract” means a contract that is entered into for the purpose of an employee offering work for which the employer pays wages (subparagraph 4 of Article 2(1) of the Labor Standards Act).
The determination of working conditions- An employer’s working conditions must be determined by a ratio computed on the basis of the work hours of full-time employees engaged in the same kind of work at the workplace (Article 18(1) of the Labor Standards Act).
Written statement of working conditions- When concluding an employment contract with a part-time worker, the employer must state all of the following matters in writing (Article 17 of the Act on the Protection of Fixed-Term and Part-Time Employees):
· The employment contract period
· Work hours and recess
· Components, methods of calculation, and payment methods of wages
· Holidays and leave
· Place of work and duties to perform
· Working days and work hours per working day
※ Employers who regularly employ four or fewer employees must state all of the following matters in writing when concluding an employment contract with part-time employees (Article 3(2) of the Act on the Protection of Fixed-Term and Part-Time Employees; Article 2 and Attached Table 1 of the Enforcement Decree of the Act on the Protection of Fixed-Term and Part-Time Employees):
·The employment contract period
·Work hours and recess
·Components, methods of calculation, and payment methods of wages
·Holidays and leave
·Place of work and duties to perform
Delivery of the employment contract- An employer, in hiring a part-time employee, must prepare an employment contract clearly stating wages, work hours, and other working conditions and must deliver it to the employee (Article 18(2) of the Labor Standards Act; Article 9(1) and Attached Table 2 of the Enforcement Decree of the Labor Standards Act).
- A part-time employee’s employment contract must state the contract period, working days, the times work starts and ends, hourly wages, and other matters prescribed by the Minister of Employment and Labor (Article 18(2) of the Labor Standards Act; Article 9(1) and Attached Table 2 of Enforcement Decree of the Labor Standards Act).