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  • [노무/인사] Social Welfare Services Act
    • Competent Ministry : Ministry of Health and Welfare
    • Advance Publication of Legislation : 2018-04-27
    • Opinion Submission Deadline : 2018-05-11
Reasons for Proposal

The current Act stipulates that a person who establishes and operates a social welfare foundation or social welfare facility may hire workers for the foundation or facility, but it does not prescribe regulations concerning the hiring procedure other than grounds for disqualification of workers.

There are unfair hiring practices rampant at social welfare facilities where, for example, despite its hiring advertisement for a permanent position, a facility specifies the employment period of one year when preparing a employment contract after the hiring is finalized. As a result, the workers of social welfare facilities are working in a poor environment and repeatedly changing jobs.

Accordingly, the Amendment prescribes that a social welfare foundation or social welfare facility which hires workers shall not modify the details of job advertisements or change the terms and conditions of employment after the hiring is finalized without justifiable reason, thereby aiming to contribute to the improved quality of social welfare services by eradicating unreasonable practices in the hiring process and enhancing the fairness of hiring (Article 35-3 newly inserted).

Major Provisions

When hiring workers for a social welfare foundation or social welfare facility, the person who establishes and operates the foundation or facility shall not, without justifiable reason, make any change to the job advertisement in a way that is unfavorable to the candidates, or make any change to the terms and conditions of employment specified in the job advertisement in a way that is unfavorable to the worker after hiring him/her (Article 35-3)

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