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How Korean Workplace Probation for Contract Staff and Dispatch Workers Differs

By New In Korea TeamPublished Updated
How Korean Workplace Probation for Contract Staff and Dispatch Workers Differs

If you're placed at a Korean company through a staffing agency or a dispatch arrangement, your legal employer and your daily boss may not be the same. Dispatch and contract work in Korea involves a three-way relationship between you, the agency, and the company where you work. Understanding who is responsible for pay, insurance, and dismissal helps you protect yourself.

This is general information, not legal advice.

The Quick Answer: Who Employs You

In a dispatch arrangement (파견), the agency employs you and sends you to a client company, which directs your daily work. In a direct fixed-term arrangement, the company itself employs you for a set period, as covered in the fixed-term contract guide. Contracting (도급) is different again, where a company hires another firm to deliver a result, and that firm's staff work under their own employer.

Korea restricts dispatch work to certain job categories and limits the period, so not every role can be dispatched.

What Differs From Direct Employment

  • Your contract is with the agency. Wages, insurance, and severance usually come through the agency.
  • Daily instructions come from the client company. That can blur lines of responsibility.
  • Dispatch periods are limited, and the law can require the client to hire directly in certain cases after a time limit.
  • Benefits and welfare points at the client company may not apply, as covered in the corporate benefits guide.

Your Rights Still Apply

Basic protections apply regardless of the arrangement, including:

  • Minimum wage and working hours rules
  • Social insurance enrollment through the legal employer
  • Overtime pay and leave entitlements
  • Protection against harassment, as covered in the workplace harassment guide

If there is a dispute about who is responsible, the labor authorities can examine the actual working relationship, not just the contract labels.

What to Check Before Signing

  1. Who is your legal employer? Get the agency's name and registration details.
  2. What is the contract period and renewal process?
  3. Which job category and duties are covered? Mismatches can signal a legal problem.
  4. How is pay calculated and who pays it?
  5. Who handles insurance, severance, and leave?

Foreign Workers: Extra Points

Visas generally need to match the employer and the type of work. A mismatch between your visa conditions and the dispatch arrangement can cause immigration problems, so ask the agency and confirm with immigration or a labor consultant before starting. Keep copies of everything.

What to Do If Something Goes Wrong

Document your hours, instructions, and pay. Raise concerns with the agency first, then the Ministry of Employment and Labor if needed. A labor consultant (노무사) can explain whether you may be treated as a direct employee of the client in your situation.

Common Mistakes

  • Not knowing who your employer is. It determines who owes what.
  • Signing without a clear job category. It can signal a problematic arrangement.
  • Assuming client company benefits apply. They often do not.
  • Ignoring visa conditions. A mismatch can create status problems.

Quick Summary

  • In dispatch work, the agency is your legal employer while the client company directs your daily work, so responsibilities can feel split.
  • Basic labor rights, minimum wage, insurance, and overtime still apply.
  • Check your legal employer, job category, contract period, and who handles pay and insurance before signing.
  • Foreign workers should confirm that their visa matches the arrangement and keep records of everything.

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