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Chapter Law Content

Chapter Ⅱ Labor Contract
Article 6
The temporary, short-term, seasonal and specific work referred to the Paragraph 1 of Article 9 of the Act shall have the following denotations.
1. Temporary work shall mean work of an unexpected and non-continuous nature, and is not to exceed six months.
2. Short-term work shall mean work of a non-continuous nature that is expected to be completed within a short period of time and is not to exceed six months.
3. Seasonal work shall mean work of non-continuous nature which is influenced by seasonal raw materials, source of materials or sale in market and is not to exceed nine months.
4. Specific work shall mean work of non-continuous nature which can be completed within a specific period. But if the length of work is to exceed one year, it should be reported to the competent authority for approval and record.
Article 7
A labor contract shall, in accordance with the Act, make stipulations for the following matters:
1. Matters relating to the workplace and the work to be performed in the workplace,
2. Matters relating to time of starting and finishing work, rest periods, holidays, public holidays, rest days, leave and shift changes in the rotation system,
3. Matters relating to the determination, readjustment, calculation, final settlement, the dates and the methods of wage payment,
4. Matters relating to the entering and termination of a labor contract, and retirement,
5. Matters relating to severance pay, pension and other allowances, and bonuses,
6. Matters relating to the expenses for boarding, lodging and tools which the worker should bear,
7. Matters relating to safety and health,
8. Matters relating to labor education and training,
9. Matters relating to welfare,
10. Matters relating to compensation and remedy for occupational accident and subsidy for ordinary injury or sickness,
11. Matters relating to work discipline that shall be observed,
12. Matters relating to award and discipline, and
13. Other matters relating to rights and obligations of the labor and management
Article 7-1
The after-resignation business strife limitation agreement shall be made in writing, and shall also specify in detail the contents of the provisions referred to in Subparagraphs 3 and 4 of Paragraph 1 of Article 9-1 of the Act. The employer and the employee shall respectively keep a copy of the agreement with their signatures or seals on it.
Article 7-2
The “not exceeding a reasonable range” referred to in Subparagraph 3 of Paragraph 1 of Article 9-1 of the Act shall be subject to the followings requirements:
1. The period of business strife limitation shall not exceed the trade secrets or the lifecycle of technological information protected by the employer, but with a maximum up to two years.
2. The area of business strife limitation shall be limited to the area of the employer’s actual business activities.
3. The scope of occupational activities of business strife limitation shall be concretely specified and shall be identical or similar to the scope of the employee’s current occupational activities.
4. The prospective employer of business strife limitation shall be concretely specified and has business activities that are identical or similar to and competitive with those of the employer.
Article 7-3
The “reasonable compensation” referred to in Subparagraph 4 of Paragraph 1 of Article 9-1of the Act shall be considered based upon the following matters:
1. The amount of compensation per month shall be no less than 50% of one month’s average wage of the employee upon resignation.
2. The amount of compensation shall be sufficient to support the resigned employee during the period of business strife limitation.
3. The amount of compensation shall be equivalent to the loss incurred by the employee in compliance with the period, area, scope of occupational activities and prospective employer of the business strife limitation.
4. Other matters relevant to the consideration of reasonable compensation criteria.
The reasonable compensation referred to in the preceding paragraph shall be agreed to pay to the employee in a lump sum upon resignation or on a monthly basis to the employee after resignation.
Article 8
(Deleted)
Article 9
When an labor contract is terminated according to the provisions of the Act, the employer shall immediately pay the worker wages due to him/her.