NATLEX
Database of national labour, social security and related human rights legislation
Republic of Korea (142) > General provisions (16)
| Original name: | 근로기준법 |
| Name: | Labor Standards Act (Law No. 5309). |
| Country: | Republic of Korea |
| Subject(s): | Labour codes, general labour and employment acts |
| Type of legislation: | Law, Act |
| Adopted on: | 1997-03-13 |
| Entry into force: | |
| ISN: | KOR-1997-L-46401 |
| Link: | https://www.ilo.org/dyn/natlex/natlex4.detail?p_isn=46401&p_lang=en |
| Bibliography: | New Labor-related Laws, 1997-03, Ministry of Labor, Republic of Korea, pp. 59-85 Labor Laws of Korea 1998, Ministry of Labor, Republic of Korea, pp. 77-104 Labor Laws of Korea 2004, Ministry of Labor, Republic of Korea, pp. 129-162 Labor Laws of Korea 2007, Ministry of Labor, Republic of Korea, Part II, pp. 199-232 Legislation on-line in English  Ministry of Employment and Labor, Republic of Korea PDF of Act in English as amended to 24/03/2014 (consulted on 2018-03-20)Legislation on-line in English Ministry of Government Legislation, Republic of Korea PDF of Act in English as amended to Act No. 11270 of 1/2/2012 (consulted on 2011-06-06)Legislation on-line in Korean Ministry of Government Information, Republic of Korea PDF of Act in Korean as amended to 15/01/2019 (consulted on 2018-03-20) |
| Abstract/Citation: | Provides minimum standards for conditions of employment; where existing conditions are higher, they shall not be reduced under the pretext of compliance with this Act. Chapter I prohibits discrimination and the use of force or violence against workers. The Act does not apply to workplaces with fewer than 5 employees or businesses which employ only relatives living together or domestic workers. Chapter II covers labour contracts, including part-time contracts. Prohibits unjustified dismissal and dismissal due to medical reasons or maternity, and prescribes procedures to be followed for dismissals due to structural reasons. Also prohibits interference with employment (blacklisting). Chapter III covers wages; Chapter IV covers working hours and rest periods. Chapter V relates to women and minors. Young persons under the age of 15 are prohibited from working; those between 15 and 18 shall be certified as to age and consent of legal guardian. Women under the age of 18 shall not work in employment which is detrimental to their health or "morality;" they shall furthermore not work at night, in a pit, or over a certain number of hours. Entitles women to one day a month of menstruation leave, 60 days of maternity leave, and nursing time. Employers hiring more than 30 persons under the age of 18 shall provide education facilities. Chapter VI relates to safety and health; Chapter VII to apprenticeship; Chapter VIII to accident compensation; Chapter IX to rules of employment; Chapter X to dormitories; and Chapter XI to Labor Inspectors. Penal provisions are contained in Chapter XII. |
| Amending text(s): | |
| Implementing text(s): | |
| Related text(s): |