Protection for Non-Regular Employees: Part 6 of Our Labor Law Series

To close out this series, let's talk about a group many of our kababayan actually belong to — fixed-term, part-time, and dispatch workers, often called non-regular employees. This part of the law exists specifically to make sure these workers aren't treated unfairly compared to their regular, directly-hired counterparts.

No Discrimination Based on Employment Status

An employer is not allowed to discriminate against fixed-term employees, part-time employees, or dispatch employees because of their employment status, when compared to other workers doing the same or similar jobs under a contract with no fixed term. This discrimination correction system exists to prohibit unjustified disadvantages in wages and other working conditions for non-regular workers when compared to regular, directly-hired employees.

This protection applies to both the sending employer (the agency that dispatches the worker) and the using employer (the company where the worker is actually placed), so both sides carry responsibility.

If You're Treated Unfairly

If a fixed-term worker, a part-time worker, or a dispatch employee feels they've been unfairly disadvantaged, they can apply to the Labor Relations Commission for redress, as long as this is done within three months of the day the discriminatory treatment occurred. Importantly, the burden of proof in these cases falls on the employer, not the worker — meaning the employer has to show that any difference in treatment was justified.

Once an application is filed, the Labor Relations Commission is required to investigate and inquire into the matter with the parties involved right away. If they determine the treatment in question was discriminatory, they'll issue a redress order to the employer.

If either side disagrees with the decision from the Regional Labor Relations Commission, they can apply for review by the National Labor Relations Commission within 10 days of receiving that decision. And if either side still disagrees after that, they can bring an administrative lawsuit within 15 days of receiving the National Labor Relations Commission's decision. If no review is requested and no lawsuit is filed within those windows, the decision becomes final.

If a sending or using employer receives a final judgment or correction order from the Labor Relations Commission or the court, they're required to actually implement it.

Written Statement of Working Conditions

When employers make labor contracts with fixed-term or part-time employees, they're required to clearly state certain matters in writing — the contract period, working hours and breaks, how wages are calculated and paid, holidays and leave, the place of work and job duties, and for part-time workers specifically, the working days and hours for each work day.

The Two-Year Rule for Fixed-Term Employment

Here's something important for anyone on a fixed-term contract: an employer may hire fixed-term employees for a period not exceeding two years. If an employer keeps a fixed-term employee working for more than two years, that employee is considered to have become a regular employee with no fixed term. In other words, the law itself protects workers from being kept indefinitely on short-term contracts.

A Final Word for This Series

Kababayan, so many of us in the Filipino community here work under exactly these kinds of arrangements — part-time, fixed-term, or dispatched through an agency. It matters to know that the law does not treat us as lesser workers simply because of how our contract is structured. If you ever feel you're being paid less or treated worse than a regular employee doing the same work, you have a real, legal path to raise that concern.

This wraps up our walkthrough of Part I of Korean labor law. I hope this series has given you a clearer picture of what protections already exist for us here, and the confidence to ask questions when something doesn't feel right. As always, Pinoy Sarang is here for you, kababayan — huwag kayong mag-atubiling lumapit sa amin kung kailangan ninyo ng tulong.

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