Abstract

If the illegal dispatch is confirmed under the dispatch law, the dispatch law presupposes two legal effects. First, sanctions are imposed on the dispatching employer and the employer who are parties to the contract for dispatching workers. On the other hand, the employer is obliged to directly employ the employer in order to secure employment for dispatched workers. The duty of direct employment is to recognize the right to claim employment as a legal right to a dispatched worker. At the same time, when employers exercise the right to claim employment, employers are obliged to accept them.BR When a dispatch worker exercises his or her right to claim employment directly and the employer agrees to it, a direct labor contract relationship is newly formed between the dispatched worker and the employer. It does not take over a labor contract between a former dispatcher and a dispatched worker. In the formation of a new labor contract relationship, the principle of equal treatment should be applied. This is specified in the Dispatching Act.BR If the employer explicitly denies the employer

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