Corporate trends / Performance record
Unfair Dismissal Case on “Expectation of Renewal (Security/Cleaning Service Providers)” (Unfair Dismissal 473)
- Date2026/05/23 04:04
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[Case Information]
This case is a decision on the issue of “expectation of renewal (security/cleaning service providers)” in which the employer ultimately prevailed (application dismissed).
Decision body: Gyeonggi Regional Labor Relations Commission
2026Buhae23 ○ ○ ○ Unfair Dismissal Relief Application
2026.03.20 · Case result: Dismissed
Key issue summary: (a)
1. Legal Implications
This unfair dismissal case concerns a refusal to renew the fixed-term employment contract of a fixed-term worker, heard before the Gyeonggi Regional Labor Relations Commission. The Commission recognized that the worker had an expectation of contract renewal, but nevertheless found that the employer had a reasonable ground for refusing renewal. This is a type of case that Labor Law Firm Law& frequently encounters in practice, and it offers important guidance in relation to repeated contract renewals, particularly in security, reception, and cleaning service companies.
Ⅰ. Case Overview
The employer, under a service contract concluded with Gyeongdong ○○○, performed security, reception, and cleaning work at the client’s premises, and entered into fixed-term employment contracts with workers engaged in such work, renewing those contracts one or two times or more. The worker in this case also had his contract repeatedly renewed for the same duties. However, the employer refused further renewal on the grounds of the worker’s frequent tardiness and early departures, and the worker filed an application for relief with the Labor Relations Commission, asserting that this constituted unfair dismissal.
Ⅱ. Issues
The issues in this case are: (i) whether a fixed-term worker employed by a security/reception/cleaning service provider has an expectation of renewal of the employment contract, and (ii) if such an expectation of renewal is recognized, whether the employer nonetheless has a reasonable ground for refusing renewal based on the worker’s tardiness and early departures.
Ⅲ. Summary of the Labor Relations Commission’s Findings
The decision panel found that an expectation of renewal of the employment contract had been formed on the part of the worker, in light of: the fact that the employer had twice renewed its service contract with Gyeongdong ○○○; the existence of a practice of repeatedly renewing employment contracts for security, reception, and cleaning staff; and the fact that the worker had performed the same duties before and after each renewal.
Separately, the panel noted that the worker had continually failed to comply with working hours due to frequent tardiness and early departures without approval, thereby shifting the workload onto co-workers. It further noted that the worker’s poor work attitude was not merely an internal matter of the company, but was directly connected to the trust relationship with the client (the service recipient) and to the quality of external services. Taking these factors into account, the panel held that the employer’s refusal to renew the contract was based on a “reasonable ground” that could be deemed appropriate under social norms.
The dismissal measure in this case was therefore regarded as the employment relationship having ended upon expiry of the contract term, and was held not to constitute unfair dismissal.
Ⅳ. Practical Points (From the Worker’s Perspective)
Even as a fixed-term worker, you should be aware that an expectation of renewal may be recognized based on repeated contract renewals, performance of the same duties, and practices applied to other workers in similar positions. However, even where an expectation of renewal is recognized, if there are objective problems with work attitude—such as ongoing tardiness, early departures, or early departures without approval—the employer’s refusal to renew may be accepted as a “reasonable ground,” making it difficult to obtain relief for unfair dismissal. Accordingly, it is important to strictly observe basic duties of faithful work performance, including compliance with start and end times and working hours.
Ⅴ. Practical Points (From the Employer/Company’s Perspective)
In service industries such as security, reception, and cleaning, where fixed-term employment contracts have been repeatedly renewed, you must manage personnel on the premise that an “expectation of renewal” may be recognized, even if the employment contract or work rules do not stipulate conditions or procedures for renewal. Nevertheless, as in this case, where there are objective instances of misconduct such as poor work attitude, repeated tardiness, or unauthorized early departures, and where there is a clear possibility that these will undermine the client’s trust, it is important to prepare for renewal refusal by specifically recording and proving these circumstances as the reasonable grounds for refusal.
Ultimately, whether a refusal to renew a fixed-term worker’s contract is lawful depends on both the existence of an expectation of renewal and whether the “reasonable ground” asserted by the employer is acceptable under social norms. Both workers and employers should therefore systematically organize the relevant facts and develop a strategy as to how they will prove and explain these facts at the Labor Relations Commission stage.
2. Matters Decided
A. Case Overview and Procedural History
A. Whether an expectation of renewal of the employment contract exists
(1) The employer twice renewed its service contract with Gyeongdong ○○○ Co., Ltd., performed security, reception, and cleaning services at the workplace, and, after entering into employment contracts with employees including the worker hired for such services, renewed those contracts one or two times or more;
(2) The worker engaged in the same duties before and after each contract renewal;
(3) Even though neither the employment contract concluded between the parties nor the company’s internal rules contained provisions on the conditions or procedures for renewal, there existed a practice of repeatedly renewing the employment contracts of security, reception, and cleaning staff working at the workplace, and thus it is deemed that an expectation that the contract would be renewed had been formed.
B. Whether there is a reasonable ground for refusal to renew
(1) The worker failed to comply with working hours due to continually frequent tardiness and early departures, thereby causing detriment to co-workers;
(2) The worker left work early without approval, and given that the worker’s duties involved reception work at the client’s premises where the employer was performing its service obligations, the issue of compliance with working hours cannot be viewed as confined to the employer’s internal affairs alone. In light of these factors, it is considered that the employer had a reasonable ground for refusing renewal, and the employment relationship between the parties is deemed to have ended upon expiry of the contract term.
3. Summary of the Decision
A. Summary of the Labor Relations Commission’s Findings
A. Whether an expectation of renewal of the employment contract exists
(1) The employer twice renewed its service contract with Gyeongdong ○○○ Co., Ltd., performed security, reception, and cleaning services at the workplace, and, after entering into employment contracts with employees including the worker hired for such services, renewed those contracts one or two times or more;
(2) The worker engaged in the same duties before and after each contract renewal;
(3) Even though neither the employment contract concluded between the parties nor the company’s internal rules contained provisions on the conditions or procedures for renewal, there existed a practice of repeatedly renewing the employment contracts of security, reception, and cleaning staff working at the workplace, and thus it is deemed that an expectation that the contract would be renewed had been formed.
B. Whether there is a reasonable ground for refusal to renew
(1) The worker failed to comply with working hours due to continually frequent tardiness and early departures, thereby causing detriment to co-workers;
(2) The worker left work early without approval, and given that the worker’s duties involved reception work at the client’s premises where the employer was performing its service obligations, the issue of compliance with working hours cannot be viewed as confined to the employer’s internal affairs alone. In light of these factors, it is considered that the employer had a reasonable ground for refusing renewal, and the employment relationship between the parties is deemed to have ended upon expiry of the contract term. /
[See More Related Decisions]
- “Unfair Dismissal Decision on ‘Dismissal of Application (Non-Appearance at Hearing)’” – Date of decision: - Case result: Dismissed
- “Unfair Dismissal Decision on ‘Non-Formation of Hiring Decision (Absence of Offer Letter)’” – Date of decision: - Case result: First-instance decision upheld
- “Unfair Dismissal Decision on ‘Expression of Intention to Resign (Resignation Remark in Telephone Call)’”
[Tags]
Unfair dismissal, expectation of renewal (security/cleaning service providers), refusal to renew fixed-term contract, unauthorized absence, Labor Law Firm Law&, large labor law firm, Samseong-dong labor law firm, Samseong Station labor law firm, Gangnam labor law firm
※ This article is part of Labor Law Firm Law&’s “Unfair Dismissal Decisions” series.
※ You can view the previous article, “Unfair Dismissal Decision on ‘Disciplinary Limitation Period and Level of Discipline (Repeated Receipt of False On-Call Allowances)’,” in a new window.
※ You can also view the list of decisions related to expectation of renewal (security/cleaning service providers) at “List of Decisions Related to Expectation of Renewal (Security/Cleaning Service Providers).”
※ Korean version of this case: Korean article
This case is a decision on the issue of “expectation of renewal (security/cleaning service providers)” in which the employer ultimately prevailed (application dismissed).
Decision body: Gyeonggi Regional Labor Relations Commission
2026Buhae23 ○ ○ ○ Unfair Dismissal Relief Application
2026.03.20 · Case result: Dismissed
Key issue summary: (a)
1. Legal Implications
This unfair dismissal case concerns a refusal to renew the fixed-term employment contract of a fixed-term worker, heard before the Gyeonggi Regional Labor Relations Commission. The Commission recognized that the worker had an expectation of contract renewal, but nevertheless found that the employer had a reasonable ground for refusing renewal. This is a type of case that Labor Law Firm Law& frequently encounters in practice, and it offers important guidance in relation to repeated contract renewals, particularly in security, reception, and cleaning service companies.
Ⅰ. Case Overview
The employer, under a service contract concluded with Gyeongdong ○○○, performed security, reception, and cleaning work at the client’s premises, and entered into fixed-term employment contracts with workers engaged in such work, renewing those contracts one or two times or more. The worker in this case also had his contract repeatedly renewed for the same duties. However, the employer refused further renewal on the grounds of the worker’s frequent tardiness and early departures, and the worker filed an application for relief with the Labor Relations Commission, asserting that this constituted unfair dismissal.
Ⅱ. Issues
The issues in this case are: (i) whether a fixed-term worker employed by a security/reception/cleaning service provider has an expectation of renewal of the employment contract, and (ii) if such an expectation of renewal is recognized, whether the employer nonetheless has a reasonable ground for refusing renewal based on the worker’s tardiness and early departures.
Ⅲ. Summary of the Labor Relations Commission’s Findings
The decision panel found that an expectation of renewal of the employment contract had been formed on the part of the worker, in light of: the fact that the employer had twice renewed its service contract with Gyeongdong ○○○; the existence of a practice of repeatedly renewing employment contracts for security, reception, and cleaning staff; and the fact that the worker had performed the same duties before and after each renewal.
Separately, the panel noted that the worker had continually failed to comply with working hours due to frequent tardiness and early departures without approval, thereby shifting the workload onto co-workers. It further noted that the worker’s poor work attitude was not merely an internal matter of the company, but was directly connected to the trust relationship with the client (the service recipient) and to the quality of external services. Taking these factors into account, the panel held that the employer’s refusal to renew the contract was based on a “reasonable ground” that could be deemed appropriate under social norms.
The dismissal measure in this case was therefore regarded as the employment relationship having ended upon expiry of the contract term, and was held not to constitute unfair dismissal.
Ⅳ. Practical Points (From the Worker’s Perspective)
Even as a fixed-term worker, you should be aware that an expectation of renewal may be recognized based on repeated contract renewals, performance of the same duties, and practices applied to other workers in similar positions. However, even where an expectation of renewal is recognized, if there are objective problems with work attitude—such as ongoing tardiness, early departures, or early departures without approval—the employer’s refusal to renew may be accepted as a “reasonable ground,” making it difficult to obtain relief for unfair dismissal. Accordingly, it is important to strictly observe basic duties of faithful work performance, including compliance with start and end times and working hours.
Ⅴ. Practical Points (From the Employer/Company’s Perspective)
In service industries such as security, reception, and cleaning, where fixed-term employment contracts have been repeatedly renewed, you must manage personnel on the premise that an “expectation of renewal” may be recognized, even if the employment contract or work rules do not stipulate conditions or procedures for renewal. Nevertheless, as in this case, where there are objective instances of misconduct such as poor work attitude, repeated tardiness, or unauthorized early departures, and where there is a clear possibility that these will undermine the client’s trust, it is important to prepare for renewal refusal by specifically recording and proving these circumstances as the reasonable grounds for refusal.
Ultimately, whether a refusal to renew a fixed-term worker’s contract is lawful depends on both the existence of an expectation of renewal and whether the “reasonable ground” asserted by the employer is acceptable under social norms. Both workers and employers should therefore systematically organize the relevant facts and develop a strategy as to how they will prove and explain these facts at the Labor Relations Commission stage.
2. Matters Decided
A. Case Overview and Procedural History
A. Whether an expectation of renewal of the employment contract exists
(1) The employer twice renewed its service contract with Gyeongdong ○○○ Co., Ltd., performed security, reception, and cleaning services at the workplace, and, after entering into employment contracts with employees including the worker hired for such services, renewed those contracts one or two times or more;
(2) The worker engaged in the same duties before and after each contract renewal;
(3) Even though neither the employment contract concluded between the parties nor the company’s internal rules contained provisions on the conditions or procedures for renewal, there existed a practice of repeatedly renewing the employment contracts of security, reception, and cleaning staff working at the workplace, and thus it is deemed that an expectation that the contract would be renewed had been formed.
B. Whether there is a reasonable ground for refusal to renew
(1) The worker failed to comply with working hours due to continually frequent tardiness and early departures, thereby causing detriment to co-workers;
(2) The worker left work early without approval, and given that the worker’s duties involved reception work at the client’s premises where the employer was performing its service obligations, the issue of compliance with working hours cannot be viewed as confined to the employer’s internal affairs alone. In light of these factors, it is considered that the employer had a reasonable ground for refusing renewal, and the employment relationship between the parties is deemed to have ended upon expiry of the contract term.
3. Summary of the Decision
A. Summary of the Labor Relations Commission’s Findings
A. Whether an expectation of renewal of the employment contract exists
(1) The employer twice renewed its service contract with Gyeongdong ○○○ Co., Ltd., performed security, reception, and cleaning services at the workplace, and, after entering into employment contracts with employees including the worker hired for such services, renewed those contracts one or two times or more;
(2) The worker engaged in the same duties before and after each contract renewal;
(3) Even though neither the employment contract concluded between the parties nor the company’s internal rules contained provisions on the conditions or procedures for renewal, there existed a practice of repeatedly renewing the employment contracts of security, reception, and cleaning staff working at the workplace, and thus it is deemed that an expectation that the contract would be renewed had been formed.
B. Whether there is a reasonable ground for refusal to renew
(1) The worker failed to comply with working hours due to continually frequent tardiness and early departures, thereby causing detriment to co-workers;
(2) The worker left work early without approval, and given that the worker’s duties involved reception work at the client’s premises where the employer was performing its service obligations, the issue of compliance with working hours cannot be viewed as confined to the employer’s internal affairs alone. In light of these factors, it is considered that the employer had a reasonable ground for refusing renewal, and the employment relationship between the parties is deemed to have ended upon expiry of the contract term. /
[See More Related Decisions]
- “Unfair Dismissal Decision on ‘Dismissal of Application (Non-Appearance at Hearing)’” – Date of decision: - Case result: Dismissed
- “Unfair Dismissal Decision on ‘Non-Formation of Hiring Decision (Absence of Offer Letter)’” – Date of decision: - Case result: First-instance decision upheld
- “Unfair Dismissal Decision on ‘Expression of Intention to Resign (Resignation Remark in Telephone Call)’”
[Tags]
Unfair dismissal, expectation of renewal (security/cleaning service providers), refusal to renew fixed-term contract, unauthorized absence, Labor Law Firm Law&, large labor law firm, Samseong-dong labor law firm, Samseong Station labor law firm, Gangnam labor law firm
※ This article is part of Labor Law Firm Law&’s “Unfair Dismissal Decisions” series.
※ You can view the previous article, “Unfair Dismissal Decision on ‘Disciplinary Limitation Period and Level of Discipline (Repeated Receipt of False On-Call Allowances)’,” in a new window.
※ You can also view the list of decisions related to expectation of renewal (security/cleaning service providers) at “List of Decisions Related to Expectation of Renewal (Security/Cleaning Service Providers).”
※ Korean version of this case: Korean article
