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Post-Retirement Reemployment · Contract Rehire

Post-Retirement Reemployment

📂HR & Labor⏱2 min read📊Advanced🔗6 related

What is post-retirement reemployment?

In one line
A way of rehiring a person whose employment ended at retirement age by signing a new fixed-term employment contract with them. Workers hired this way are commonly called contract rehires (chokthak).
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⚡ Summary in 3 lines
  • A new fixed-term contract after retirement at the mandatory age
  • Older workers are exempt from the 2-year limit, but rehire expectation and discrimination are separate issues
  • Re-employment criteria and track record decide disputes

It is easy to think of post-retirement reemployment as 'doing the same job at a lower salary,' but legally, the existing contract ends at retirement and a new fixed-term employment contract begins. The structure differs from a retirement age extension, which pushes back the retirement age itself, and from abolishing the retirement age, which removes the retirement clause altogether. Because it is a new contract, pay, duties, and working hours can be set again, and the law allows the parties, if they agree, to exclude prior years of service and recalculate severance pay and annual leave days. Without such an agreement, or if the retirement procedure was merely a formality, the conclusion may differ.

The Act on Protection, etc. of Fixed-Term and Part-Time Employees is the first point to consider. A fixed-term worker is, as a rule, treated as an indefinite-term employee once employed beyond two years, but contracts with older workers are an exception to this limit. That is why renewing one-year contracts several times is permitted. However, the exception covers only the length of employment. It does not remove the ban on treating them less favorably than permanent employees doing similar work without a reasonable basis, nor the legal doctrine that protects a legitimate expectation of contract renewal.

The second test is whether employees can reasonably expect to be rehired. The Supreme Court holds that employees may have a protected expectation of re-employment if the rules of employment or a collective agreement provide for rehiring once certain conditions are met, or, even without such a provision, if re-employing most retirees has become an established practice. In that case, a refusal without reasonable grounds is treated like an unfair dismissal. Conversely, courts have denied the expectation at workplaces where the rules left re-employment to the company's discretion and it had actually screened candidates. The outcome depends on the wording and on how it has actually been applied.

The problem in practice is usually the absence of criteria. If a company re-hires nearly everyone year after year and then leaves out a few in one year, it may see that as discretion, but a court may read it as an established practice. Keeping the same role and the same duties while cutting pay sharply also invites disputes. A pay cut needs grounds, which means adjusting job duties, responsibility, and working hours together. The statutory retirement age and continued-employment schemes are subject to ongoing legislative discussion and may change, and the related subsidies change their requirements often, so check the Ministry of Employment and Labor's latest guidance.

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💡 In plain English
It is like signing a new lease on the same home, on new terms, after the old lease ends: not an automatic extension, but a newly written contract.
Why it matters in practice
Year-end is when employees reaching retirement age are confirmed and rehire decisions are communicated. Weighing the value of keeping skilled staff against labor costs, you need clear criteria for who is rehired and on what terms.
Three ways to keep employing people past retirement age
CategoryPost-retirement reemploymentRetirement age extensionAbolishing the retirement age
Employment relationshipNew fixed-term contract after retirementExisting contract continues as isExisting contract continues as is
Pay and dutiesCan be set anewChanging it requires a separate agreement and procedureChanging it requires a separate agreement and procedure
Candidate screeningSelection by criteria is possible (mind the rehire expectation)All employees of that ageAll
Main issueExpectation of rehire, discrimination, and refusal to renewLabor cost burden, pay system overhaulManaging retirement of older workers
Origin and sources

The Act on Employment Promotion of Older Persons requires employers to make efforts to rehire employees who have reached mandatory retirement age. When rehiring, the parties may agree to exclude the prior period of service from severance pay and annual leave calculations and to set wages differently. The Act on the Protection of Fixed-Term and Part-Time Workers exempts contracts with older workers from the two-year limit on fixed-term employment. 'Chokthak' (contract-based rehire) is a term used in practice, not a legal term.

Source · Act on Employment Promotion of Older Persons, Article 21; Act on the Protection of Fixed-Term and Part-Time Workers, Article 4(1) proviso
An example

Consider a hypothetical case. Company A makes precision molds, has 280 employees, and a retirement age of 60. Over the next three years, 31 skilled technicians will reach it. Of the 26 retirees so far, 24 were re-hired on one-year contracts, but there was never a written document setting out the selection criteria.

  1. When the HR director compiled the past five years of rehiring results, the rate was 92%. The company’s labor attorney said, "At this level, it could be seen as an established practice even without a written rule."
  2. After three months of discussion in the labor-management council, they set health checkup results, the last two years of performance reviews, and job demand as the three rehiring criteria and added a new rehiring clause to the work rules.
  3. The head of production redesigned the rehired employees’ roles from 'line work' to 'technical knowledge transfer and quality inspection.' Working hours were cut from 40 to 32 per week, and pay was set at 68% of their pre-retirement wage.
  4. The contract states a one-year term and the renewal criteria. It also includes a clause agreeing that severance pay and annual leave are recalculated from the rehire date, and every eligible employee signed it.
  5. This year we rehired 9 of the 11 employees reaching retirement age. The 2 who did not meet the criteria received a written explanation 60 days before their retirement date, and one replied, "I knew the criteria in advance, so I accept it."
  6. In the year after rehiring, the defect rate in die modifications fell from 3.1% to 2.2%, and 14 junior technicians completed the knowledge-transfer program. There were 0 remedy applications related to refusals to rehire.
Related terms
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Last updated 14 Oct 2026 · Reviewed by John Kim

FAQ

Fixed-term contracts with older workers are exempt from the two-year limit, so exceeding that period alone does not convert them into permanent contracts. However, if a legitimate expectation of renewal is recognized, refusing to renew without a reasonable ground may be held invalid.
If severance pay is settled at mandatory retirement and both parties agree, it can be calculated afresh from the re-employment date. Without an agreement, or if the retirement procedure was a mere formality, the service may be treated as continuous, so the contract should state this clearly.
As a rule, reaching retirement age ends the employment relationship automatically. However, where a rehire expectation is recognized through company rules or established practice, a refusal without reasonable grounds may be treated like an unfair dismissal. For individual cases, please consult a labor attorney or other specialist.
There is no fixed ratio. The minimum wage must be met, and the size of the reduction must be justifiable in light of changes in duties, responsibilities, and working hours. Discrimination against other employees doing the same work and the eligibility requirements for related subsidies should be checked against the latest guidance from the Ministry of Employment and Labor.