Basic Worker Dispatch Contract
(hereinafter referred to as "Receiving Company") and (hereinafter referred to as "Dispatching Company") enter into the following Worker Dispatch Basic Agreement (hereinafter referred to as the "Agreement") regarding the dispatch of workers employed by the Dispatching Company.
Basic Agreement.
The Dispatching Company agrees to dispatch dispatched workers employed by the Dispatching Company to the Receiving Company to engage in work for the Receiving Company under the direction and orders of the Receiving Company, and the basic terms and conditions of such dispatch shall be set forth in this Agreement.
In entering into this Agreement, the Receiving Company and the Dispatching Company shall comply with (hereinafter referred to as the ""), other related laws, regulations and guidelines, and shall take appropriate measures.
Application of this Agreement.
The provisions of this Agreement shall apply to the individual worker dispatch contracts (hereinafter referred to as "Individual Dispatch Contracts") separately concluded by the Receiving Company and the Dispatching Company during the effective period of this Agreement. However, if there is any conflict between the provisions of the Individual Dispatch Contract and those of this Agreement, or if there is a steamer, the provisions of the Individual Dispatch Contract shall take precedence over those of this Agreement.
Individual Worker Dispatch Contract.
The Individual Dispatch Contract based on this Agreement shall be concluded each time the Receiving Company requests dispatch from the Dispatching Company, and shall specify the contents of the work stipulated in the , the number of personnel, the name and location of the business operator and other places of dispatch work, the organizational unit, the dispatch period, the date of dispatch work, and other matters. In the event that a business trip is required for the work stipulated in the Individual Dispatch Contract, this fact and the details of the business trip shall be stipulated in the Individual Dispatch Contract.
Dispatch Fees.
The Receiving Company shall pay to the Dispatching Company the dispatch fee stipulated in the Individual Dispatch Contract as compensation for dispatching workers under this Agreement.
The Dispatching Company shall calculate the dispatch fee at the end of each and invoice the Receiving Company, who shall pay the fee by transferring it to the bank account designated by the Dispatching Company ,by ().
The dispatch fee for overtime hours in excess of the statutory working hours stipulated in the and for working hours on days other than working days stipulated in the Individual Dispatch Contract (hereinafter referred to as "holidays") shall be as follows, and the Dispatching Company shall not be entitled to claim extra wages in excess of these rates.
Overtime hours and working hours on holidays other than statutory holidays shall be charged at a premium to the dispatch fee.
Dispatch rates shall be increased by % for hours worked on statutory holidays in accordance with the .
Regardless of working days and holidays, a late-night surcharge of of the dispatch fee will be added to the above surcharge for working hours between and the following day.
Notwithstanding the provisions of the preceding paragraph, when the dispatch fee is determined on a basis, the handling of working hours in excess of or short of the standard hours stipulated in the Individual Dispatch Contract shall be in accordance with the provisions of the Individual Dispatch Contract.
Working hours, which are the basis for calculating the dispatch fee, shall be calculated on a daily basis in increments of . The wages paid by the Dispatching Company to dispatched workers shall be paid in accordance with Article of the .
Any fraction of a that arises in the calculation of the dispatch fee, or any fraction of a that arises when the dispatch fee is multiplied by the , shall be rounded down to the nearest .
When it becomes necessary to revise the dispatch fee due to economic fluctuations, changes in various expenses, changes in dispatch work, etc., the dispatch fee may be revised upon consultation between the Receiving Company and the Dispatching Company.
Liability under Labor Law.
Receiving Company and Dispatching Company shall comply with the provisions of , , and other applicable laws and regulations with respect to dispatch work based on Individual Dispatch Contracts.
In principle, Dispatching Company shall assume full responsibility as an employer under and other applicable laws and regulations. However, Receiving Company shall be responsible for the management of working hours, safety and health, and other matters as an employer. Dispatching Company shall also be responsible as an employer for workers’ accident compensation insurance and unemployment insurance.
Complaint Handling.
Receiving Company and Dispatching Company shall, in close cooperation with each other, endeavor to appropriately and promptly handle and resolve complaints and other problems arising in connection with the employment of dispatched workers.
Appointment of Dispatched Workers.
In dispatching dispatched workers under Individual Dispatch Contracts, Dispatching Company shall appoint persons with sufficient qualifications, abilities, knowledge, techniques, skills, experience, etc. to perform the dispatch work.
If a dispatched worker of Dispatching Company is deemed to be grossly inappropriate for the performance of the work, Receiving Company may request Dispatching Company to replace the worker, disclosing the reason for such a request. In addition, if circumstances of Dispatching Company require a change of dispatched workers, Dispatching Company shall notify Receiving Company in advance of the reason for the change, etc., and may replace the dispatched worker with Receiving Company’s consent.
Filling of Vacancies.
If a vacancy is likely to occur due to a dispatched worker’s illness, accident, taking annual paid leave, or for any other reason, Dispatching Company shall immediately notify Receiving Company to that effect and take measures to prevent the occurrence of the vacancy in accordance with Receiving Company’s request. The same shall apply in the event of a vacancy.
Compensation for Damages.
In the event that a dispatched worker violates the Receiving Company’s instructions or rules and regulations in performing the work stipulated in the Individual Dispatch Contract, or intentionally or negligently causes damage to the Receiving Company or a third party, the Dispatching Company shall compensate for such damage. However, this shall not apply in the case of negligence in giving orders to the dispatched worker or other reasons attributable to the Receiving Company.
Confidential Information.
For the purpose of this Agreement, Confidential Information shall include all of the following. However, publicly known information shall be excluded.
Private information related to the business
Non-public information regarding intellectual property (inventions, devices, works and know-how, etc.)
Non-public information regarding business partners or customers
Non-public information on affiliated companies or non-public information on business alliances with other companies
Non-public information on accounting, finance, personnel treatment, and organizational structure
Personal information (whether private or public) regarding the executives, employees, customers, or other individuals with whom we do business.
In addition to the preceding items, information specifically designated as confidential or information for which access is restricted
Duty of Confidentiality.
The Dispatching Company shall not misappropriate any confidential information of the Receiving Company that has come to its knowledge for any purpose other than dispatching its own workers to the Receiving Company, nor disclose or divulge such confidential information to any third party. The same shall apply after the termination of this Agreement.
The Dispatching Company shall not allow its dispatched workers to make unauthorized use of the Receiving Company’s confidential information by themselves or to disclose or divulge such information to any third party during their employment or after their retirement, and if any of the Dispatching Company’s dispatched workers violates such confidentiality obligation, the Dispatching Company shall be liable for such violation as if the Dispatching Company had violated the confidentiality obligation in the preceding paragraph.
Submission of Written Oath.
If requested by the Receiving Company, the Dispatching Company shall have its dispatched workers submit the prescribed written pledge to itself and shall submit it to the Receiving Company within a reasonable period of time designated by the Receiving Company.
The Dispatching Company shall fully explain the contents of the written pledge in the preceding paragraph to the Dispatching Company’s dispatched workers, and shall provide them with the necessary education to ensure that they comply with the confidentiality obligations set forth in this agreement.
The Receiving Company and the Dispatching Company confirm that no employment contractual relationship shall arise between the Receiving Company and the Dispatching Company’s workers dispatched to the Receiving Company as a result of the submission of the written pledge stipulated in Article 1 of this Article.
Obligation to Report Accidents.
If there is a suspicion that a dispatched worker of the Dispatching Company has misappropriated confidential information, or disclosed or leaked it to a third party, the Dispatching Company shall immediately report the matter to the Receiving Company and conduct the necessary investigation on its own.
If the Receiving Company determines that a dispatched worker of the Dispatching Company has misappropriated confidential information, or disclosed or leaked it to a third party, the Receiving Company shall inform the Dispatching Company without delay, and the Dispatching Company shall immediately conduct the necessary investigation.
If, as a result of the investigations described in the preceding two paragraphs, it is found that a dispatched worker of the Dispatching Company has violated this Agreement, the Dispatching Company shall implement disciplinary measures against the worker in accordance with its work rules and regulations.
The Dispatching Company shall report to the Receiving Company the results of the investigation, the dispositions, and measures to prevent recurrence as described in the preceding paragraph.
Handling of Cash and Securities.
The Receiving Company shall not allow any of the Dispatching Company’s dispatched workers to handle cash, securities, or other valuables. However, the Receiving Company and the Dispatching Company shall separately conclude a memorandum of understanding regarding the handling of cash, securities, and other valuables, if necessary in the course of business.
Use of Automobile.
The Receiving Company and the Dispatching Company shall separately enter into a Memorandum of Understanding regarding the use of automobiles when the Dispatching Company’s dispatched workers use automobiles in performing their work or commuting to their place of employment.
Compliance with Internal Rules and Regulations and Intellectual Property.
In the event that the Dispatching Company’s dispatched workers perform said work at a work site provided by the Receiving Company or the Receiving Company’s client, the Dispatching Company shall comply with the Receiving Company’s internal rules, instructions, etc., and the Dispatching Company shall obtain consent to this effect from the Dispatching Company’s dispatched workers.
In the event that any intellectual property is created by the Dispatching Company’s dispatched workers in the course of performing their work, the Dispatching Company shall confirm that such property rights shall belong to the Dispatching Company in accordance with the Dispatching Company’s internal rules, and shall obtain written consent from the Dispatching Company’s dispatched workers as specified by the Dispatching Company.
Cancellation of Contract.
In the event that the other party falls under any of the following items, either the Receiving Company or the Dispatching Company shall demand that the other party correct the situation, and if the other party fails to do so within , either party may terminate this Agreement in whole or in part.
When the provisions of this Agreement or the Individual Dispatch Contract are violated
When or other related laws and regulations have been violated
Either the Receiving Company or the Dispatching Company may terminate this Agreement, in whole or in part, without any notice, if the other party falls under any of the following items:
When a petition for seizure, provisional seizure, compulsory execution or auction has been filed
When a petition for bankruptcy, corporate reorganization, civil rehabilitation or similar proceedings is filed
When there has been a disposition of suspension of bill clearing transactions or tax delinquency
When the company dissolves or transfers all or a significant part of its business to a third party
When a license for a worker dispatching undertaking has been revoked or an order to suspend the undertaking has been issued
When there is an act that seriously destroys the relationship of trust
When any other acts similar to those in the preceding items have been committed
Cancellation of Individual Dispatch Contract.
If the Receiving Company intends to terminate the Individual Dispatch Contract mid-term for reasons attributable to the Receiving Company, the Receiving Company shall give at least ’ notice to the Dispatching Company, and shall comply with the provisions of .
Exclusion of Antisocial Forces.
The Receiving Company and the Dispatching Company represent and warrant to the other party the following items:
Not being and not having been antisocial forces
Not using antisocial forces
Not providing benefits to antisocial forces with knowledge that they are antisocial forces
Officers or persons substantially involved in the management of the company are not antisocial forces, and do not associate with antisocial forces
“Antisocial forces” in the preceding paragraph means groups or individuals who pursue economic benefits by using violence, force, and fraudulent methods, such as organized crime groups, companies affiliated with organized crime groups, general assemblymen, social movement advocacy groups, political activity advocacy groups, special intelligence groups, or members of these groups.
If any of the representations and warranties set forth in Paragraph 1 are found to be in error with respect to either the Receiving Company or the Dispatching Company, the other party may immediately terminate this Agreement and any agreement entered into incidental hereto, in whole or in part, without any notice.
In the event of cancellation of a contract pursuant to the preceding paragraph, the party who has cancelled the contract shall not be liable to the other party for any damages.
Matters to be Discussed.
In the event that any matter not provided for in this Agreement or any matter in this Agreement arises for discussion, both the Receiving Company and the Dispatching Company shall discuss and decide such matter in good faith on a case-by-case basis.
Effective Period.
The term of validity of this Agreement shall be from . However, if neither the Receiving Company nor the Dispatching Company expresses its intention to terminate this Agreement in writing at least prior to the expiration of the term, this Agreement shall continue for under the same terms and conditions, and the same shall apply thereafter.
In the event of termination of this Agreement due to expiration of the term or termination as stipulated in Articles 17 or 19, the confidentiality obligations of the Dispatching Company or the Dispatching Company’s dispatched workers as stipulated in Article 11 shall remain in effect.
Court of Jurisdiction.
The having jurisdiction over shall be the exclusive court of first instance for any judicial disputes related to this Agreement.
Receiving Company:
