Checklist of Standard Working Conditions
To Prepare for Labor Inspectors’ Audit
Employers must comply with the following items and procedures to ensure they are in harmony with the Labor Standards Act. “Self-auditing guide” – the Ministry of Employment and Labor (2016): The contents described herein are checked frequently by labor inspectors and given for the companies to act accordingly. Employers are advised to comply with the guidelines. I hope the companies can prepare for their necessary documents in accordance with standard guidelines of the Labor Standards Act.
Ⅰ. Labor Standards Act
1. An employer shall make a labor contract with all employees hired directly by the company
※ An employer shall make a labor contract with all employees hired directly by the company, regardless of type of occupation, working period, etc.
※ Any labor contract that establishes conditions of labor that do not meet the standards provided by law shall be invalid to that extent. The law shall govern those conditions invalidated in accordance with the above.
※ In order to prevent disputes between the employer and the employed, a written labor contract is required so both parties can be sure of the details of employment.
2. An employer shall clearly state the terms of employment at the time the labor contract is made. (Article 17 of the LSA, Article 8 of the Enforcement Decree)
※ Punishable by a fine not to exceed five million won
※ Statement of Terms of Employment
i) An employer shall clearly state remuneration, contractual working hours, holidays, annual paid leave, and other terms of employment. For matters as to each constituent item of remuneration, the methods of calculation and payment, holidays, and annual paid leave shall be specified in writing.
ii) Terms of Employment to be specified：
(1) Remuneration (2) Contractual working hours (3) Holidays (4) Annual paid leave (5) Place of employment and work to be performed
3. A Registry of the workers shall be made and preserved.(Article 41, 42 of the LSA) ※ Punishable by a fine not to exceed five million WON
※ Employers shall maintain a registry of workers, and preserve this registry, along with other important documents regarding the labor contract, for three years.
a) Matters to Be Entered in the Registry of Workers
Name; Sex; Date of birth; Address; Personal history; Type of work to be performed; Date of employment or renewal of employment, a contractual period if any period has been determined, and other matters related to employment; Date of dismissal, retirement or death, and the reasons thereof; and Other necessary matters
b) Important Documents Regarding the Labor Contract
Labor contracts; Wage ledgers; Documents pertaining to the basis for the determination of, payment method used, and calculation of wages; Documents pertaining to employment, dismissal or retirement; Documents pertaining to promotion or demotion; Documents pertaining to leaves of absence; Documents pertaining to approval or authorization; Documents of written agreements; and Documents pertaining to certification of minors.
4. Contractual working hours for employees shall not exceed forty hours per week and eight hours per day, excluding recess hours.
※ Punishable by imprisonment of up to two years, or by a fine not to exceed ten million WON
5. An employer shall pay an additional fifty percent or more of the ordinary wages for extended work, night work, or holiday work. (Article 56 of the LSA)
※ Punishable by imprisonment of up to three years, or by a fine not to
exceed twenty million WON
※ Night work means the work provided from 10 p.m. to 6 a.m., and holiday work means the work performed during times that are exempt from the "duty to provide labor" as stipulated by law, collective agreement, Rules of Employment (ROE) or labor contract.
6. If a worker quits or retires, an employer shall pay the forthcoming wages, compensation, and other money or valuables within 14 days after the cause for such payment has occurred; however, this period, under special circumstances, may be extended by mutual agreement between the parties concerned. (Article 36 of LSA)
※ Punishable by imprisonment of up to three years, or by a fine not to exceed twenty million WON
7. An employer shall allow, on average, one or more paid days off per week to workers who have fulfilled their contractual working days per week. (Article 55 of the LSA)
※ Punishable by imprisonment of up to two years, or by a fine not to exceed ten million WON
※ When employees work on paid holidays, the employer shall pay additional wages (fifty percent or more of the ordinary wages).
8. An employer shall grant 15 days' paid leave to workers who have worked more than 80 percent of their contractual working days over one year. After the employee's first year of service, the employer shall grant annual paid leave of one additional day for each two years of consecutive service. (Article 60, Article 62 of the LSA)
※ Punishable by imprisonment of up to two years, or by a fine not to exceed ten million WON
※ If the worker has already used part of his/her annual leave during the first year of service, the number of used leave days shall be deducted from the 15 days.
※ The total number of leave days, including the additional leave, shall not exceed 25.
9. Employers shall grant pregnant female workers 90 days of maternity leave, to be used before and after childbirth. In such cases, 45 days or more shall be allocated after childbirth. The first 60 days' leave shall be paid leave. (Article 74, Article 75 of the LSA)
※ Punishable by imprisonment of up to two years, or by a fine not to exceed ten million WON
※ The length of protective leave granted shall be determined according to the length of pregnancy:
(1) 16 weeks or more but less than 21 weeks: thirty days from the date of miscarriage or still birth; (2) 22 weeks or more but less than 27 weeks: sixty days from the date of miscarriage or still birth; (3) 28 weeks or more: ninety days from the date of miscarriage or stillbirth
10. No employer shall dismiss a worker without justifiable reason. If an employer intends to dismiss a worker, the employer shall notify the worker in writing of the reasons for dismissal and the date of such dismissal.
11. An employer shall give advance notice of at least thirty days before dismissing a worker. If notice is not given thirty days before dismissal, ordinary wages of more than thirty days shall be paid to the worker. (Article 26 of the LSA)
※ Punishable by imprisonment of up to two years, or by a fine not to exceed ten million WON
※ Exceptions for Advance Notice of Dismissal
(1) A worker who has been employed on a daily basis for less than three consecutive months;
(2) A worker who has been employed for a fixed period not exceeding two months;
(4) A seasonal worker who has been employed for a fixed period not exceeding six months; or
(5) A worker still in the employment probation period.
12. An employer ordinarily employing ten workers or more shall prepare the Rules of Employment (ROE) and file them with the Minister of Labor. (Article 93 of the LSA) ※ Punishable by a fine not to exceed five million WON
※ Contents of Rules of Employment (ROE)
Hours of operation, Breaks, Holidays, Leaves and Shifts, Determination of wages, Calculation of wages, Means of payment, Closing of payment, Pay days, Wage increases, Calculation of family allowances, Means of pension payment, Pensions prescribed in Article 8 of the Employee Retirement Benefit Security Act, Bonuses, Minimum wages, Meal allowance, Allocation of expenses for operational tools or, Educational facilities for workers, Protection of pregnant female workers, Work-home balance assistance, such as maternity leave, child-care leave, etc., Safety and health, Improvement of work environme
|
|
Connect to the app
