韩国计日工雇佣保险和离职金制度对中国的立法启示

In China, there is a form of employment similar to the Korean system of “daily labor,” characterized by short-term employment where workers are paid based on the number of hours worked. These workers are often referred to as “casual workers,” “temporary workers,” or by the term currently used by the Chinese government, “flexible employment.” However, China’s laws and regulations do not clearly define “casual work,” “temporary work,” or “flexible employment.” Due to the informal nature of these types of work, this group is often in a relatively disadvantaged position regarding social security and labor rights. Therefore, it is necessary to specifically study and develop a corresponding protection system to better safeguard their rights and interests. Korea’s “daily labor” system is a flexible form of employment in which working hours do not exceed one month, and wages are paid on a daily basis. This system is mainly suited to short-term and temporary employment needs. The introduction of such a system could enhance the flexibility of China’s labor market. In particular, during economic fluctuations, enterprises can adjust the size of their workforce based on actual demand, thereby reducing labor costs. At the same time, workers can flexibly choose their working hours and workload according to their own circumstances, which not only increases labor force participation but also addresses the employment needs of various groups. Additionally, promoting the “daily labor” system would help regulate informal labor. If this system were implemented in China, with clear legal norms and safeguards, it could bring existing informal employment into the legal framework, reduce illegal employment, improve working conditions, and strengthen the protection of workers’ rights and interests. In light of the practical significance of introducing the Korean “daily labor” system to China, this paper first analyzes the definition of “daily labor” within the Korean legal system. The protection system designed for daily labors in Korea includes taxation, employment insurance, severance pay, and other elements. However, due to space limitations, this paper focuses only on the aspects of employment insurance and severance pay. It then examines the current concept of “flexible employment” in China and its scope of application, exploring whether employment insurance and severance pay systems exist for flexible workers in China. By comparing the Korean “daily labor” system, this paper further discusses the necessity of introducing a similar system in China. The support framework of the Korean “daily labor” system—especially its legal definition and the establishment of employment insurance and severance pay—serves as an important reference for building China’s flexible employment market and protecting the rights and interests of flexible workers. Based on this analysis, the paper proposes establishing a statutory definition of “daily labor” in China, along with the creation of employment insurance and severance pay systems for flexible workers.