(1) The Labor Standards Act shall apply to services provided by a temporary agency worker during his/her period of temporary employment, deeming that a temporary work agency and a user company are an employer defined in Article 2 (1) 2 of the same Act: Provided, That for the purposes of Articles 15 through 36, 39, 41 through 43, 43-2, 43-3, 44, 44-2, 44-3, 45 through 48, 56, 60, 64, 66 through 68, and 78 through 92 of the same Act, a temporary work agency shall be deemed an employer, whereas for the purposes of Articles 50 through 55, 58, 59, 62, 63 and 69 through 74, 74-2, and 75 of the same Act, a user company shall be deemed an employer.
(2) Where a temporary work agency fails to pay wages to a temporary agency worker due to causes attributable to a user company, which are prescribed by Presidential Decree, the user company shall be jointly and severally liable for such failure along with the temporary work agency. In such cases, for the purposes of Articles 43 and 68 of the Labor Standards Act, the temporary work agency and the user company shall be deemed an employer defined in Article 2 (1) 2 of the same Act.
(3) Where a user company grants paid holidays or paid leave to a temporary agency worker pursuant to Articles 55, 73 and 74 (1) of the Labor Standards Act, the wages during such holidays or leave shall be paid by the temporary work agency.
(4) Where a temporary work agency and a user company conclude a contract on temporary placement of workers which contains any terms and conditions violating the Labor Standards Act and violate the same Act by requiring any temporary agency worker to provide services in accordance with the contract, both parties to the contract shall be subject to the relevant penalty provisions, deeming that they are an employer defined in Article 2 (1) 2 of the same Act.[This Article Wholly Amended on Apr. 30, 2019]