|Weekly Working Hours in the Revised Labor Standards Act (2018)
Ⅰ. Clear Definition of ‘1 Week’ and Maximum Working Hours per Week
States clearly that 1 week is 7 days and shortens the maximum number of working hours per week from 68 to 52.
Enforced in phases by size of business.
- March 07, 2018: All public institutions; private-sector businesses employing 300 or more employees
(For those businesses with 300 or more employees but among the 21 fields excluded as special cases, the enforcement date will be July 01, 2019.)
- January 1, 2020: Businesses with between 50 and 299 employees
- July 1, 2021: Businesses with between 5 and 49 employees
Ⅱ. Holiday Work Allowance
● Employers shall pay wages, additional to the ordinary wage, of 50 percent or more of the ordinary wage thereof for up to 8 hours of holiday work.
● Employers shall pay wages, additional to the ordinary wage, of 100 percent or more of ordinary wage thereof for hours of holiday work, if the total holiday work exceeds 8 hours.
Enforced upon promulgation.
Ⅲ. Permission for Special Extended Work (applicable only to businesses employing fewer than 30 employees)
● Considering that it is difficult for a business with less than 30 employees to shorten its working hours, special extended work is permitted during a certain period(by December 31, 2022).
● The maximum extended working hours shall be 8 hours pursuant to agreement between labor and management.
● Supplementary provision: Labor and management shall discuss extensive application of the Flexible Work Hours System by December 31, 2022.
Temporarily applicable from July 2021 (System of 52 working hours per week is enforced) to December 2022.
Ⅳ. Complete Introduction of Rules on Holidays of Public Agencies
● Public holidays pursuant to Rules on Holidays of Public Agencies also apply to workers of private-sector companies. An employer may, through a written agreement with the labor representative, grant workers paid leave on a particular working day, in substitution of a public holiday.
● Public holidays guaranteed as paid holidays shall be designated by Presidential Decree.
It is estimated that at least 15 days of holidays a year will be given to workers.
- January 1, 2020: Businesses with 300 or more employees
- January 1, 2021: Businesses with between 50 and 299 employees
- January 1, 2022: Businesses with between 5 and 49 employees
Additional opinion: After research on actual conditions, the Minister of Employment and Labor will submit plans for support to the National Assembly if necessary.
Ⅴ. Reduced Number of Businesses Classified as Special Cases from 26 to 5
1. Main contents
● Ground transportation, water transportation, air transportation, all other transportation services and health services
● Of transportation services, buses on regular routes are excluded from classification as special cases.
●At least 11 hours is guaranteed as consecutive rest hours for the 5 remaining businesses stated above, coming into effect September 1, 2018.
Ⅵ. Coordination of working hours of minor workers
1. Main contents
● The number of working hours per week has been shortened from 46 to 40.