Labor Standards Act, Act No. 5309 dated 13 March 1997, incorporating amendments up to Act 10719 dated 24 May 2011. Published by the Ministry of Employment and Labor at http://www.moel.go.kr/english/topic/laborlaw.jsp?tab=Standards and accessed 9 November 2011.
Remarks: The Labour Standards Act applies to all businesses or workplaces in which 5 or more workers are ordinarily employed (and prescribed provisions apply to businesses and workplaces in which less than 5 workers are ordinarily employed). However, the Act does not apply to any business or workplace which employs only relatives living together, or to a worker who is hired for domestic work (§11(1) Labour Standards Act). Further, workers involved in the following types of work are excluded from the working time and leave provisions of the Act: 1. Cultivation of arable land, reclamation work, seeding and planting, gathering or picking-up or other agricultural and forestry work; 2. Livestock breeding, catch of marine animals and plants, cultivation of marine products or other cattle-breeding, sericulture and fishery business; 3. Surveillance or intermittent work, for which the employer has obtained the approval of the Minister of Employment and Labor; 4. Managerial and supervisory work or work of handling confidential information irrespective of type of business (§63 Labour Standards Act, §34 Enforcement Decree on the Labour Standards Act).
Geographically, it applies to the State, Special Metropolitan City, metropolitan cities, provinces, Sis, Guns, Gus, Eups, Myeons, Dongs, and other equivalents there to (§12 Labour Standards Act).
Name of Act
Enforcement Decree of the Labor Standards Act, Presidential Decree No. 15320 dated 27 March 1997, incorporating amendments up to Presidential Decree No 22804 dated 30 March 2011. Published by the Ministry of Employment and Labor at http://www.moel.go.kr/english/topic/laborlaw.jsp?tab=Standards and accessed 9 November 2011.
Act on Equal Employment and Support for Work-Family Reconciliation, Act No 3989 dated 4 December 1987, incorporating amendments up to Act No 10339 dated 4 June 2010. Published by the Ministry of Employment and Labor at http://www.moel.go.kr/english/topic/laborlaw_view.jsp?idx=224&tab=Equal and accessed 9 November 2011.
Act on the Protection, etc. of Fixed-term and Part-time Employees, Act No. 8074 of 21 December 2006, incorporating amendments up to Act No 10339 dated 4 June 2010. Published by the Ministry of Employment and Labor at http://www.moel.go.kr/english/topic/laborlaw.jsp?tab=Standards and accessed 9 November 2011.
Remarks: The Act on the Protection, etc. of Fixed-term and Part-time Employees shall apply to all businesses or workplaces ordinarily employing five workers or more. However, §7 of the Act (relating to the conversion between full- and part-time employment) also applies to businesses or workplaces ordinarily employing less than five workers.
Name of Act
Enforcement Decree of the Act on Equal Employment and Support for Work-Family Reconciliation, Presidential Decree No 12489 dated 7 July 1998, incorporating amendments up to Presidential Decree No 22269 dated 12 July 2010. Published by the Ministry of Employment and Labor at http://www.moel.go.kr/english/topic/laborlaw_view.jsp?idx=224&tab=Equal and accessed 9 November 2011.
Enforcement Decree of the Act on the Protection, etc. of Fixed-term and Part-time Employees, Presidential Decree No 20093 dated 18 June 2007, incorporating amendments up to Presidential Decree No 22797 dated 30 March 2011. Published by the Ministry of Employment and Labor at http://www.moel.go.kr/english/topic/laborlaw.jsp?tab=Standards and accessed 9 November 2011.
Occupational Safety and Health Act 1990, as amended to Act No. 9434, 6 February 2009. Published 2010 by the Korean Occupational Safety and Health Agency at http://english.kosha.or.kr/main and accessed 14 November 2011.
Enforcement Decree of the Occupational Safety and Health Act 1990 as amended to Presidential Decree No. 22061 24 February 2010. Published 2010 by the Korean Occupational Safety and Health Agency at http://english.kosha.or.kr/main and accessed 14 November 2011.
Contractual working hours means working hours on which workers and employers have made an agreement within the limit of working hours under §§50 or 69 of the Labor Standards Act, or §46 of the Occupational Safety and Health Act.
Labor Standards Act 1997 §2(1)
Employee/worker
Worker means a person who offers work to a business or workplace to earn wages, regardless of the kind of job he/she is engaged in.
Labor Standards Act 1997 §2(1)
Employer
Employer means a business owner, a person responsible for management of a business, or a person who works on behalf of a business owner with respect to matters relating to workers.
Labor Standards Act 1997 §2(1)
Part-time work(er)
Part-time workers are employees whose contractual working hours per week are shorter than those of a full-time worker engaged in the same kind of job at the pertinent workplace.
Labor Standards Act 1997 §2(1)
Night work(er)
Night work is work performed between 22:00 and 06:00.
Labor Standards Act 1997 §56
Flexitime
For the purposes of this report, flexitime arrangements are understood to be those where workers are entrusted with the decision as to when to begin and finish work. These are referred to in the Labour Standards Act as ’selective working hour systems’ and are to operate in accordance with the rules of employment, or equilvanet rules.
Labor Standards Act 1997 §52
NORMAL HOURS LIMITS
Daily hours limit
General limit
Working hours per day shall not exceed 8 hours, excluding recess hours.
Labor Standards Act 1997 §50(2)
Historical data (year indicates year of data collection)
2009: 8 hours
Exceptions
An employer may have a worker exceed the daily hour limit for a specific day, in accordance with the applicable rules of employment and provided that: (a) when averaged over a 2 week period, the worker’s hours do not exceed 40 hours per week; and (b) the worker’s hours do not exceed 48 hours in any one week.
Where provided for in an agreement between the employer and a workers’ representative, an employer may have a worker exceed the weekly hour limit for a specific week, in accordance with the relevant agreement and provided that: (a) when averaged over a 3 month period, the worker’s hours do not exceed 40 hours per week; and (b) working hours for a specific day do not exceed 12 hours.
Also, in accordance with the scope of the Labor Standards Act and the scope of Chapter IV (Working Hours and Recess), the daily hour limit does not apply to: 1. businesses or workplaces which: (a) ordinarily employ less than 5 workers; or (b) employ only relatives living together with the employer, or 2. workers involved in the following types of work: (a) cultivation of arable land, reclamation work, seeding and planting, gathering or picking-up or other agricultural and forestry work; (b) livestock breeding, catch of marine animals and plants, cultivation of marine products or other cattle-breeding, sericulture and fishery business; (c) surveillance or intermittent work, for which the employer has obtained the approval of the Minister of Employment and Labor; (d) managerial and supervisory work or work of handling confidential information irrespective of type of business, or (e) domestic worker.
However, an employer shall not have a worker who is engaged in harmful or dangerous work (as prescribed by the Enforcement Decree of the Occupational Safety and Health Act) in excess of 6 hours per day.
Labor Standards Act 1997 §§11, 50, 51, 63 Enforcement Decree of the Labour Standards Act 1997 §§7, 34 and Table 1
Remarks: The harmful or dangerous work prescribed for the purposes of the hours restriction means work carried out under a high atmospheric pressure, such as work in caisson, under water, etc. (§32-8 Enforcement Decree of the Occupational Safey and Health Act).
Special categories
» Flexitime work
Where an employer has reached written agreement with a workers’ representative under which a worker is entrusted with the decision as to when to begin and finish work, the employer may have a worker exceeding the 8 hour daily limit, provided that the worker does not work more than 40 hours per week when averaged over a period of not more than 1 month.
Labor Standards Act 1997 §§50(2), 52
» Young workers
Working hours of a person aged between 15 and 18 shall not exceed seven hours per day. However, the working hours may be extended up to an hour per day, by an agreement between the parties concerned.
Note: This restriction applies to businesses and workplaces which ordinarily employs less this than 5 workers.
Labor Standards Act 1997 §69 Enforcement Decree of the Labour Standards Act 1997 §7 and Table 1
Remarks: Persons under the age of 15 (and those under the age of 18 who are attending middle school) are not to be employed as a worker (§64(1) Labour Standards Act).
» Agricultural workers
The working hours limits do not apply to agricultural workers.
Labor Standards Act 1997 §63
» Domestic work
The Labor Standards Act does not apply to domestic workers.
Labor Standards Act 1997 §11(1)
» Pregnant workers/recent birth
An employer cannot have pregnant workers exceed the 8 hour daily limit in accordance with averaging arrangements otherwise permitted by §51 of the Labour Standards Act.
Labor Standards Act 1997 §51(3)
Weekly hours limit
General limit
Working hours per week shall not exceed 40 hours, excluding recess hours.
Labor Standards Act 1997 §50(1)
Historical data (year indicates year of data collection)
2009: 40 hours
1995: 44 hours.
Exceptions
An employer may have a worker exceed the weekly hour limit for a specific week, in accordance with the applicable rules of employment and provided that: (a) when averaged over a 2 week period, the worker’s hours do not exceed 40 hours per week; and (b) the worker’s hours do not exceed 48 hours in any one week.
Where provided for in an agreement between the employer and a workers’ representative, an employer may have a worker exceed the weekly hour limit for a specific week, in accordance with the relevant agreement and provided that: (a) when averaged over a 3 month period, the worker’s hours do not exceed 40 hours per week; and (b) working hours for a specific week do not exceed 52 hours.
Finally, in accordance with the scope of the Labor Standards Act and the scope of Chapter IV (Working Hours and Recess), the weekly hour limit does not apply to: 1. businesses or workplaces which: (a) ordinarily employ less than 5 workers; or (b) employ only relatives living together with the employer, or 2. workers involved in the following types of work: (a) cultivation of arable land, reclamation work, seeding and planting, gathering or picking-up or other agricultural and forestry work; (b) livestock breeding, catch of marine animals and plants, cultivation of marine products or other cattle-breeding, sericulture and fishery business; (c) surveillance or intermittent work, for which the employer has obtained the approval of the Minister of Employment and Labor; or (d) managerial and supervisory work or work of handling confidential information irrespective of type of business.
Labor Standards Act 1997 §§11, 50, 51, 63 Enforcement Decree of the Labour Standards Act 1997 §§7, 34 and Table 1
Special categories
» Flexitime work
Where an employer has reached written agreement with a workers’ representative under which a worker is entrusted with the decision as to when to begin and finish work, the employer may have a worker exceeding the 40 hour weekly limit, provided that the worker does not work more than an average of 40 hours per week over a period of not more than 1 month.
Labor Standards Act 1997 §§50(1), 52
» Young workers
An employer cannot have young workers exceed the 40 hour weekly limit in accordance with averaging arrangements otherwise permitted by §51 of the Labour Standards Act. However, the working hours may be extended by up to 6 hours per week by agreement between the parties concerned.
Labor Standards Act 1997 §§51(3),69
Remarks: For the purposes of this provision, young workers are those aged between 15 and 18 years of age. Persons under the age of 15 (and those under the age of 18 who are attending middle school) are not to be employed as a worker (§64(1) Labour Standards Act).
» Agricultural workers
The 40 hours limit does not apply to agricultural workers.
Labor Standards Act 1997 §63
» Domestic work
The Labor Standards Act does not apply to domestic workers.
Labor Standards Act 1997 §11(1)
» Pregnant workers/recent birth
An employer cannot have pregnant workers exceed the 40 hour weekly limit in accordance with averaging arrangements otherwise permitted by §51 of the Labour Standards Act.
Labor Standards Act 1997 §51(3)
OVERTIME WORK
Criteria for overtime
General
A worker’s normal working time, whether set under §50 (standard working hours) or §51 (flexible working hours under averaging arrangements) of the Labor Standards Act, may be extended by agreement between the parties concerned.
Labor Standards Act 1997 §53(1), (2)
Worker`s influence
The worker must agree to work extended hours.
Labor Standards Act 1997 §53(1), (2)
Limits on overtime hours
General limits
A worker’s normal working hours (whether standard or flexible) may only be extended by up to 12 hours per week.
Labor Standards Act 1997 §53(1), (2) Enforcement Decree of the Labour Standards Act 1997 §7 and Table 1
Remarks: This restriction applies to businesses and workplaces which ordinarily employs less this than 5 workers.
Historical data (year indicates year of data collection)
2009: An agreement between the parties may foresee an extension of the average working time by up to 12 hours per week or weekly average.
This overtime limit applies to all workers, including those of companies employing 4 workers or less.
1995: 12 hours a week for men, 2 a day and 6 a week and 150 a year for women.
Restrictions/exceptions
An employer may further extend a worker’s hours under special circumstances, with the approval of the Minister of Employment and Labor and the consent of the workers. Where the situation is so urgent that approval of the Minister cannot be obtained prior to the extended hours being worked, the employer shall immediately obtain the Minister’s approval ex post facto.
Also, an employer in any of the following businesses may have workers work in excess of the 12 hour limit on extended hours with the written agreement of the workers’ representative: 1. Transportation business, goods sales and storage business, finance and insurance business; 2. Movie production and entertainment business, communication business, educational study and research business, advertising business; 3. Medical and sanitation business, hotel and restaurant business, incineration and cleaning business, barber and beauty parlor business; and 4. Social welfare businesses.
Finally, in accordance with the scope of the Labor Standards Act and the scope of Chapter IV (Working Hours and Recess), the limit on extended working hours does not apply to: 1. businesses or workplaces which employ only relatives living together with the employer, or 2. workers involved in the following types of work: (a) cultivation of arable land, reclamation work, seeding and planting, gathering or picking-up or other agricultural and forestry work; (b) livestock breeding, catch of marine animals and plants, cultivation of marine products or other cattle-breeding, sericulture and fishery business; (c) surveillance or intermittent work, for which the employer has obtained the approval of the Minister of Employment and Labor; (d) managerial and supervisory work or work of handling confidential information irrespective of type of business; or (e) domestic work.
Labor Standards Act 1997 §§11, 53(3), 59, 63 Enforcement Decree of the Labour Standards Act 1997 §§7, 32 and Table 1
Remarks: The circumstances which might constitute 'special circumstances' for the purposes of extended working hours are not extrapolated by the Labour Standards Act.
Note: Transitional provisions in Addenda (Act No 8372 April 11 2007) allow businesses to have workers perform up to 16 hours of extended work per week for the first 3 years after the Act enters into force with respect to the business (see §4 of Addenda for enforcement dates, the last of which relates to State and local governments and businesses ordinarily employing less than 20 workers, in relation to which the Act comes into effect in 2011). The transitional provisions also provide a lower rate of compensation to be paid for the first 4 hours of overtime (see §6 Addenda to Labour Standards Act).
Compensation for overtime work
Overtime rate(s)
An employer shall additionally pay 50% or more of the ordinary wages for extended work.
Labor Standards Act 1997 §56
Remarks: For the purposes of this penalty rate, extended work is that set forth in the §§53 and 59, and the proviso of §69 of the Labour Standards Act.
Historical data (year indicates year of data collection)
2009: 50 % increase
1995: 50% premium.
Exceptions
In accordance with the scope of the Labor Standards Act and the scope of Chapter IV (Working Hours and Recess), the right to the penalty rate for extended hours does not apply to: 1. businesses or workplaces which: (a) ordinarily employ less than 5 workers; or (b) employ only relatives living together with the employer, or 2. workers involved in the following types of work: (a) cultivation of arable land, reclamation work, seeding and planting, gathering or picking-up or other agricultural and forestry work; (b) livestock breeding, catch of marine animals and plants, cultivation of marine products or other cattle-breeding, sericulture and fishery business; (c) surveillance or intermittent work, for which the employer has obtained the approval of the Minister of Employment and Labor; (d) managerial and supervisory work or work of handling confidential information irrespective of type of business; or (e) domestic work.
Labor Standards Act 1997 §§11, 56, 63 Enforcement Decree of the Labour Standards Act 1997 §§7, 34 and Table 1
Compensatory rest
If agreed upon in writing with workers’ representatives, the employer may grant compensatory time off instead of payment.
Also, where the Minister of Employment and Labor finds that the extension of extended working hours beyond the 12 hour limit (i.e. under special and urgent circumstances) is not appropriate, he or she may order the employer to grant recess hours of days off equivalent to the extended working hours.
Labor Standards Act 1997 §§53(4), 57
Compensation procedure
No compensation procedure identified.
Notice of requirement to work overtime
General provisions
No notice requirements identified.
Special categories
Domestic work
The Labor Standards Act does not apply to domestic workers.
Labor Standards Act 1997 §11(1)
Part-time work
Part-time workers have the right to refuse to work overtime hours. Overtime hours must not exceed 12 hours a week.
Act on the Protection, etc. of Fixed-term and Part-time Employees §6
Young workers
Employers may only have workers between the ages of 15 and 18 years work an additional 1 hour per day and 6 hours per week beyond the worker’s normal working hours.
Labor Standards Act 1997 §§11, 69 Enforcement Decree of the Labour Standards Act 1997 §7 and Table 1
Remarks: This limit also applies to businesses that employ 4 workers or less.
Agricultural workers
The provisions regarding extended working hours do not apply to agricultural workers.
Labor Standards Act 1997 §63
Pregnant workers/recent birth
An employer shall not have a female after less than one year after childbirth work overtime exceeding 2 hours per day, 6 hours per week, and 150 hours per year, even if provided for in a collective agreement.
Labor Standards Act 1997 §71
SCHEDULES
General
No relevant provisions identified.
REST PERIODS
Rest breaks
General provisions
An employer shall allow a recess period of more than 30 minutes for every 4 working hours and more than 1 hour for every 8 working hours during the working hours.
Labor Standards Act 1997 §54
Remarks: This provision applies to businesses which ordinarily employ less than 5 workers (§7 and Table 1, Enforcement Decree of the Labour Standards Act).
Historical data (year indicates year of data collection)
2009: Thirty minutes for every 4 hours worked and one hour for every 8 hours worked (this entitlement applies to workers in businesses that employ less than four workers).
1995: 30 minutes for every 4 hours of work and 1 hours for every 8 hours.
Exceptions
An employer in any of the following businesses may modify the rest break requirements, with the written agreement of the workers’ representative: 1. Transportation business, goods sales and storage business, finance and insurance business; 2. Movie production and entertainment business, communication business, educational study and research business, advertising business; 3. Medical and sanitation business, hotel and restaurant business, incineration and cleaning business, barber and beauty parlor business; and 4. Social welfare businesses.
Further, in accordance with the scope of the Labor Standards Act and the scope of Chapter IV (Working Hours and Recess), the limit on extended working hours does not apply to: 1. businesses or workplaces which employ only relatives living together with the employer, or 2. workers involved in the following types of work: (a) cultivation of arable land, reclamation work, seeding and planting, gathering or picking-up or other agricultural and forestry work; (b) livestock breeding, catch of marine animals and plants, cultivation of marine products or other cattle-breeding, sericulture and fishery business; (c) surveillance or intermittent work, for which the employer has obtained the approval of the Minister of Employment and Labor; (d) managerial and supervisory work or work of handling confidential information irrespective of type of business; or (e) domestic work.
Labor Standards Act 1997 §§11, 54, 59, 63 Enforcement Decree of the Labour Standards Act 1997 §7 and Table 1
Special categories
» Agricultural workers
The provisions on breaks do not apply to agricultural workers.
Labor Standards Act 1997 §63
» Domestic work
The Labor Standards Act does not apply to domestic workers.
Labor Standards Act 1997 §11(1)
Daily rest periods
Duration
No statutory provisions on daily rest periods identified.
Historical data (year indicates year of data collection)
2009: No statutory provisions on daily rest periods.
1995: No legal provision.
Weekly rest periods
Duration
» General
An employer shall allow workers who have shown perfect attendance of contractual working days during one week 1 or more paid holidays per week on average.
Labor Standards Act 1997 §55 Enforcement Decree of the Labour Standards Act 1997 §30
Historical data (year indicates year of data collection)
2009: 1 day (also applicable to businesses employing less than 4 workers).
1995: 1 of more days off.
» Exceptions
In accordance with the scope of the Labor Standards Act and the scope of Chapter IV (Working Hours and Recess), the entitlement to weekly rest days does not apply to: 1. workers employed in businesses or workplaces businesses: (a) which ordinarily employ less than 5 employees; or (b) which employ only relatives living together with the employer, or 2. workers involved in the following types of work: (a) cultivation of arable land, reclamation work, seeding and planting, gathering or picking-up or other agricultural and forestry work; (b) livestock breeding, catch of marine animals and plants, cultivation of marine products or other cattle-breeding, sericulture and fishery business; (c) surveillance or intermittent work, for which the employer has obtained the approval of the Minister of Employment and Labor; (d) managerial and supervisory work or work of handling confidential information irrespective of type of business; or (e) domestic work.
Labor Standards Act 1997 §§11, 63 Enforcement Decree of the Labour Standards Act 1997 §34
Day specified
» General
No day specified by statute.
Work on weekly rest day
» Criteria
No criteria for requiring a worker to work on a weekly rest day identified.
» Compensation (for working on a rest day)
An employer shall additionally pay 50% or more of the ordinary wages for work on weekly rest days.
If agreed upon in writing with workers’ representatives, the employer may grant compensatory time off instead of payment.
Labor Standards Act 1997 §§56, 57
» Prohibitions and limitations
No prohibitions or limitations on requiring a worker to work on weekly rest days identified.
Special categories
» Part-time work
Part-time workers whose contractual working hours is an average of less than 15 hours per week over a 4 week period are not entitled to weekly rest days.
Part-time workers whose contractual working hours is an average of 15 hours or more per week over a 4 week period are entitled to weekly rest days, determined on the basis of the relative ratio of their working hours computed in comparison with those of full-time workers engaged in the same kind of job in the same workplace.
Labor Standards Act 1997 §18
» Young workers
Work on a weekly rest day is prohibited for workers of less than 18 years of age, unless the worker and the Labor Ministry consent.
Labor Standards Act 1997 §70(2.1)
» Agricultural workers
The provisions on weekly rest do not apply to agricultural workers.
Labor Standards Act 1997 §63
» Women
When an employer intends to have a female work on a weekly rest day, the employer shall obtain the consent of the female concerned. Where the female is under 18 years of age, the Minister of Employment and Labor must also consent.
Labor Standards Act 1997 §79(1), (2.1)
» Domestic workers
The Labor Standards Act does not apply to domestic workers.
Labor Standards Act 1997 §11(1)
» Pregnant workers/recent birth
An employer shall not have a pregnant worker work on the day of weekly rest.
Labor Standards Act 1997 §70(2)
ANNUAL LEAVE AND PUBLIC HOLIDAYS
ANNUAL LEAVE
Qualifying period
One month’s service without absence (in which the worker is entitled to 1 day’s leave for each such month), or one year’s service with a 80% attendance rate (in which case the worker is entitled to 15 days’ leave).
Labor Standards Act 1997 §60(1), (2)
Duration
» General
An employer shall grant 15 days’ paid leave to a worker who has registered not less than 80% of attendance during one year.
Where a worker has a consecutive employment period of less than 1 year, the employer shall grant the worker 1 day’s paid leave for each month the worker has offered work without absence. However, once the worker has registered a year’s employment with 80% attendance, he or she shall be entitled to 15 days’ paid leave, less the number of days taken throughout the first year.
Labor Standards Act 1997 §60(1), (2), (3)
Historical data (year indicates year of data collection)
2009: 1 day of paid leave per every months without any absences for employees employed since less than 1 year.
15 days of paid leave to employees who have more than 80% of attendance within the respective year; additional days for specified seniority.
1995: 10 days.
» Exceptions
In accordance with the scope of the Labor Standards Act and the scope of Chapter IV (Working Hours and Recess), the entitlement to annual leave does not apply to: 1. workers employed in businesses or workplaces which: (a) ordinarily employ less than 5 workers; or (b) employ only relatives living together with the employer, or 2. workers involved in the following types of work: (a) cultivation of arable land, reclamation work, seeding and planting, gathering or picking-up or other agricultural and forestry work; (b) livestock breeding, catch of marine animals and plants, cultivation of marine products or other cattle-breeding, sericulture and fishery business; (c) surveillance or intermittent work, for which the employer has obtained the approval of the Minister of Employment and Labor; (d) managerial and supervisory work or work of handling confidential information irrespective of type of business; or (e) domestic work.
Labor Standards Act 1997 §§11, 63 Enforcement Decree of the Labour Standards Act 1997 §§7, 34 and Table 1
Payment
» Amount
An employer shall pay ordinary wages, or average wages prescribed in employment rules or other regulations, during the period of leave
Labor Standards Act 1997 §60(5)
Remarks: The term 'average wages' is defined to mean the amount calculated by dividing the total amount of wages paid to the relevant worker during three calendar months prior to the date on which the event necessitating such calculation occurred by the total number of calendar days during those three calendar months. This shall also apply mutatis mutandis to less than three months of employment (§2(1) Labor Standards Act). Additional provisions relevant to calculating average wages are set out in §§2-5 of the Enforcement Decree of the Labor Standards Act.
» Date of payment
The wages for the leave period are to be paid on the day before or immediately after the period of paid leave is granted.
Enforcement Decree of the Labour Standards Act 1997 §33
Schedule and splitting
An employer shall grant paid leave upon request of a worker. However, the leave period concerned may be changed, in case granting the leave as requested by the worker might cause a serious impediment to the operation of the business.
Annual leave entitlements must be taken within one year. In the event that a worker does not take his or her leave entitlements within this period, the leave shall be forfeited unless the worker concerned has been prevented from using the leave due to any cause attributable to the employer. Three months prior to the date on which a worker would otherwise forfeit leave entitlements due to non-use, the employer is to write to the worker urging him or her to decide when they will use their leave. In the event the worker does not decide, the employer will decide the worker’s leave period and notify the worker of the same no later than 2 months before unused leave would otherwise be forfeited.
An employer may have workers take paid leave on a particular working day in lieu of the annual paid leave, if the employer and the workers’ representative agree in writing.
Labor Standards Act 1997 §§60(5), 60(7), 61, 62
Work during annual leave
An employer may change the leave period requested by a worker, if granting the requested leave might cause a serious impediment to the operation of the business.
Further, an employer may have workers take paid leave on a particular working day in lieu of the annual paid leave, if the employer and the workers’ representative agree in writing.
Labor Standards Act 1997 §§60(5), 62
Special categories
» Agricultural workers
The right to annual leave does not apply to agricultural workers.
Labor Standards Act 1997 §63
» Domestic work
The Labor Standards Act does not apply to domestic workers.
Labor Standards Act 1997 §11(1)
» Part-time work
Part-time workers whose contractual working hours is an average of less than 15 hours per week over a 4 week period are not entitled to annual leave.
Part-time workers whose contractual working hours is an average of 15 hours or more per week over a 4 week period are entitled to annual leave, determined on the basis of the relative ratio of their working hours computed in comparison with those of full-time workers engaged in the same kind of job in the same workplace.
Labor Standards Act 1997 §18
PUBLIC HOLIDAYS
Number and dates
The following days are public holidays in South Korea: 1) New Year - January 1 2) Independence Movement Day - March 1 3) Children’s Day - May 5 4) Memorial Day - June 6 5) Constitution Day - July 17 6) Liberation Day - August 15 7) National Foundation Day - October 3 8) Hanguel Day - October 9 9) Christmas Day - December 25 10) Korean New Year (Seollal) - date varies, but falls on 1st day of 1st lunar month (3 Days) 11) Buddha Day - date varies, but falls on 8th day of 4th lunar month 12) Harvest Festival (Chuseok) - date varies, but falls on 15th day of 8th lunar month (3 days)
No statutory entitlement to payment on public holidays identified.
Work on Public Holidays
No provisions regulating work on public holidays identified.
EMERGENCY FAMILY LEAVE
No provisions establishing a right to emergency family leave identified.
PART-TIME WORK
General provisions
Working conditions for part-time workers shall be determined on the basis of the relative ratio of their working hours computed in comparison with those of full-time workers engaged in the same kind of job in the same workplace.
Labor Standards Act 1997 §18(1)
Limits
Daily hours limit
A part-time worker’s daily hours limit shall be as agreed between the worker and employer within the limit of 8 hours per day for an adult, and 7 hours per day a worker between 15 and 18 years of age.
Labor Standards Act 1997 §§2, 50, 69 Act on the Protection, etc. of Fixed-term and Part-time Employees §6(1)
Weekly hours limit
A part-time worker’s weekly hours limit shall usually be as agreed between the worker and employer, provided that this is shorter than the full-time limit of 40 hours per week. However, where a worker is granted a working hours reduction for the childcare period under the Act on Equal Employment and Support for Work-Family Reconciliation, the worker’s weekly hours shall be at least 15 hours but no more than 30 hours per week.
Labor Standards Act 1997 §§2, 50, 69 Act on the Protection, etc. of Fixed-term and Part-time Employees §6(1) Act on Equal Employment and Support for Work-Family Reconciliation §19-2(3)
Overtime work
If an employer intends to have a normal part-time employee work in excess of the worker’s contractual working hours, the employer shall obtain consent from the relevant employee. However, a worker whose working hours are reduced during childcare period pursuant to Article 19-2 of the Act on Equal Employment and Support for Work-Family Reconciliation cannot be requested to do overtime, unless the worker specifically requests such overtime work.
In either case, the overtime hours shall not exceed 12 hours a week.
A part-time employee may refuse to do overtime work if the employer makes him or her do overtime work without obtaining his or her consent.
Act on the Protection, etc. of Fixed-term and Part-time Employees §6(1), (2) Act on Equal Employment and Support for Work-Family Reconciliation §19-3(3)
Remarks: Article 2 of the Labor Standards Act provides that contractual working hours means working hours on which workers and employers have made an agreement within the limit of working hours under Article 50 or Article 69 of the Labor Standards Act (being 8 hours per day and 40 hours per week for an adult, and 7 hours per day and 40 hours per week for a worker between 15 and 18 years of age), or Article 46 of the Occupational Safety and Health Act.
Annual leave
Part-time workers whose contractual working hours is an average of less than 15 hours per week over a 4 week period are not entitled to annual leave.
Part-time workers whose contractual working hours is an average of 15 hours or more per week over a 4 week period are entitled to annual leave, determined on the basis of the relative ratio of their working hours computed in comparison with those of full-time workers engaged in the same kind of job in the same workplace.
Labor Standards Act 1997 §18
Right to equal treatment
Right/scope
An employer shall not give discriminatory treatment to any part-time employee on the ground of his or her employment status compared with full-time workers engaged in the same or similar kinds of work in the business or workplace concerned.
For the purposes of the prohibition, discriminatory treatment refers to unfavorable treatment in terms of wages and other working conditions etc given without any justifiable reasons.
Act on the Protection, etc. of Fixed-term and Part-time Employees §§2.3, 8(2)
Permissable justification for different treatment
While unfavorable treatment will only be discriminatory where given ’without any justifiable reasons’, the Act on the Protection etc of Fixed-term and Part-time Employees does not indicate what reasons will be justifiable.
Act on the Protection, etc. of Fixed-term and Part-time Employees §2.3
NIGHT WORK
Criteria for night work
No criteria for requiring a worker to perform night work identified.
Compensation
An employer shall additionally pay 50% or more of the ordinary wages for night work. Alternatively, and if agreed upon in writing with workers’ representatives, the employer may grant compensatory time off instead of payment.
Labor Standards Act 1997 §§56, 57
Remarks: For the purposes of the penalty rates, night work is work provided from 10pm to 6am (§56 Labor Standards Act).
Special categories
Young workers
Night work for workers of less than 18 years of age is prohibited, unless the worker and the Labor Ministry consent.
Labor Standards Act 1997 §70
Pregnant workers/recent birth
Pregnant workers must not perform night work, unless requested by the worker and the Ministry of Labour grants permission. Also, a female worker must consent to performing night work within one year of giving birth.
However, in accordance with the scope of the Labor Standards Act, these restrictions do not apply to: 1. businesses or workplaces which: (a) ordinarily employ less than 5 workers; or (b) employ only relatives living together with the employer, or 2. domestic workers.
Labor Standards Act 1997 §§11, 70(1), 70(2) Enforcement Decree of the Occupational Safety and Health Act 1990 §7 and Table 1
Women
When an employer intends to have a female aged 18 or older work from 10pm and 6am, the employer shall obtain the consent of the female concerned.
Where the female is aged below 18, requiring her to work between 10pm and 6am is prohibited unless the employer obtained the consent of the female and the permission of the Minister of Employment and Labour.
However, in accordance with the scope of the Labor Standards Act, these restrictions do not apply to: 1. businesses or workplaces which: (a) ordinarily employ less than 5 workers; or (b) employ only relatives living together with the employer, or 2. domestic workers.
Labor Standards Act 1997 §§11, 70(1), 70(2) Enforcement Decree of the Occupational Safety and Health Act 1990 §7 and Table 1
SHIFT WORK
Criteria for shift work
No provisions regulating shift work identified, save for the requirement to include matters pertaining to the start and finishing time of shifts in the rules of employment to be submitted to the Minister of Employment and Labor.
Labor Standards Act 1997 §93
ON-CALL WORK
Criteria
No provisions regulating on-call work identified.
FLEXITIME
Criteria
Flexitime arrangements may operate where an employer has reached a written agreement with a workers’ representative on each of the following matters: 1. Scope of workers subject to this paragraph (excluding workers between the age of 15 and of 18); 2. Adjustment period (a finite period not more than one month); 3. Total working hours within an adjustment period; 4. Starting and finishing time of working hours, if a mandatory work period is in force; 5. Starting and finishing time of working hours which are allowed to be selected by workers; and 6. Standard working hours (working hours per day based on which the employer and the workers’ representative agree to calculate paid leave, etc).
Labor Standards Act 1997 §52 Enforcement Decree of the Labour Standards Act 1997 §29
Limits
Daily hours limit
Where an employer has reached written agreement with a workers’ representative under which a worker is entrusted with the decision as to when to begin and finish work, the employer may have a worker exceeding the 8 hour daily limit, provided that the worker does not work more than 40 hours per week when averaged over the agreed adjustment period of not more than 1 month.
Labor Standards Act 1997 §§50, 52
Weekly limit
Where an employer has reached written agreement with a workers’ representative under which a worker is entrusted with the decision as to when to begin and finish work, the employer may have a worker exceeding the 40 hour weekly limit, provided that the worker does not work more than 40 hours per week when averaged over the agreed adjustment period of not more than 1 month.
Labor Standards Act 1997 §§50, 52
CASUAL WORK
General provisions
No provisions regulating casual work identified.
SHORT-TIME WORK/WORK-SHARING
General provisions
No provisions regulating short-time or working-sharing arrangements identified.
RIGHT TO CHANGE WORKING HOURS
Type of changes permitted
The Act on the Protection of Fixed-term and Part-time Employees contemplates conversions between full-time and part-time work.
The Act on Equal Employment and Support for Work-Family Reconciliation also empowers workers with children aged 6 and under, who are not enrolled in elementary school, to request a reduction in working hours instead of a period of childcare leave.
No other provisions regulating changes to working hours at the initiative of the employee identified.
Act on the Protection, etc. of Fixed-term and Part-time Employees §7 Act on Equal Employment and Support for Work-Family Reconciliation §19-2
Remarks: The provision contemplating the conversion between full- and part-time work applies to all businesses and workplaces, including those with less than 5 workers (§2 and Table 1 of the Enforcement Decree of the Act on the Protection of Fixed-Term and Part-time Employees).
Limitations
If the employer grants working hour reduction for childcare period to the relevant worker under the Act on Equal Employment and Support for Work-Family Reconciliation, the working hours after reduction shall be 15 hours or more a week but shall not exceed 30 hours a week.
The period of working hour reduction for childcare period shall be one year or less.
Act on Equal Employment and Support for Work-Family Reconciliation §19-2(3), (4)
Reasons for request
General
If a worker requests to work part-time on account of household duties, studies, or other reasons, the employer shall make efforts to convert the worker to a part-time employee.
Act on the Protection, etc. of Fixed-term and Part-time Employees §7(2)
Parents
Workers with children aged 6 and under, who are not enrolled in elementary school, are entitled to request a reduction in working hours instead of a period of childcare leave.
Act on Equal Employment and Support for Work-Family Reconciliation §19-2(1)
Employer duties
If an employer intends to hire a full-time worker, he/she shall make efforts to preferentially employ part-time employees engaged in the same or similar kinds of work in the business or workplace concerned.
If a worker applies to work part time on account of household duties, study or any other reason, the employer shall make efforts to convert the worker to a part-time employee.
Act on the Protection, etc. of Fixed-term and Part-time Employees §7
Permissible reasons for refusal
No relevant provisions identified.
Procedure
Parents
A worker who intends to apply for working hours reduction during childcare period shall submit to his or her employer an application specifying the name and date of birth of the infant to be cared for, the scheduled start and end dates of the working hour reduction, the date of application etc. The application must be submitted no later than 30 days prior to the scheduled start date of the working hour reduction, unless mitigating circumstances prescribed by the Enforcement Decree exist. The employer may require the worker to submit documents verifying the birth etc of the relevant child.
The worker may seek changes to the scheduled start and end dates of the working hour reduction, but the original scheduled end date may only be postponed once. The worker may withdraw the application not later than 7 days prior to the scheduled start date.
Enforcement Decree of the Act on Equal Employment and Support for Work-Family Reconciliation §§11, 12, 13, 14
Right to return to prior working time
After the period of working hour reduction for childcare period is over, the employer shall restore the worker to the same work or the work paying the same level of wages as before working hour reduction for childcare period.
Act on Equal Employment and Support for Work-Family Reconciliation §19-2(6)
Right to information
No relevant provisions identified.
Refusal to transfer
Provided an employer has given preference to a part-time employee where intending to hire a full-time employee, and makes efforts to convert a full-time employee to part-time upon the worker’s request, no restrictions or requirements are imposed on the employer with respect to refusing a transfer under the Act on the Protection etc of Fixed-term and Part-time Employees.
Where an employer refuses a request to reduce working hours under the Act on Equal Employment and Support for Work-Family Reconciliation, the employer must notify the worker of the reason in writing and either have the worker take childcare leave or consult with the worker as to whether to support him or her through other measures.
Act on the Protection, etc. of Fixed-term and Part-time Employees §7 Act on Equal Employment and Support for Work-Family Reconciliation §19-2(2)
INFORMATION & CONSULTATION
Information
An employer ordinarily employing 10 workers or more shall prepare the rules of employment concerning matters pertaining to the starting and finishing time of work, recess hours, holidays, leaves and shifts and file it with the Minister of Employment and Labor. If any amendments to the rules of employment are made, the same procedure shall be followed.
Labor Standards Act 1997 §93
Consultation
An employer shall seek consultation of a trade union, if there is a trade union composed of the majority of the workers in the workplace concerned, or the consultation of the majority of workers if there is no trade union composed of the majority of the workers, with regard to the preparation of and amendment to the rules of employment.
If the rules of employment are to be modified unfavorably to workers, the employer shall obtain workers’ consent.
Labor Standards Act 1997 §94
Results generated on: 19th April 2024 at 10:37:05.
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