TNAG-0786-FCO40-990-Policy-of-Government-of-Hong-Kong-on-labour-and-trade-union--1978 — Page 164

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Appendix XI

KOREA (REPUBLIC OF)

Labour Standards Law, 1953

Article 21 (Term of Contract)

The duration of a labour contract shall not exceed one year, except when there is term specified or when a certain term is specified for completion or a certain labour service.

Article 27 II (Advance Notice of Dismissal)

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An employer shall issue a worker notice of dismissal at least 30 days in advance of action to be taken. If the worker is dismissed without advance notice, he shall be paid more than 30 days normal wages. This provision, however, is not required if a worker is dismissed for his own fault or when the business is discontinued by an Act of God or other unavoidable reason, and as the Minister of Health and Social Affairs approves thereto.

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In case of dismissal of a worker for his own fault prescribed in the preceding paragraph, the employer shall be approved on the dismissal by Labour Committee.

Article 28 (Retirement Allowance System)

An employer shall establish a Retirement Allowance System which provides at least thirty days average wage for each year of continuous service of workers scheduled for retirement. However, this paragraph shall not be applicable to employees having service of less than one year.

Article 29 (Exception to Application of Advance Notice of Dismissal)

The provisions of article 27II shall not be applied to workers who fall under one of the following categories:

(1) A daily-worker who works for less than three consecutive

months;

(2) A worker who is hired for a specified period of not

exceeding two months;

(3) A monthly paid worker who has worked for less than

six months;

(4) A worker who is hired for a period not exceeding six

months in a reasonal work; and

(5) A worker who is on a probational period.

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