Navigating labor regulations is crucial for companies operating in South Korea, and understanding the rules around working hours is fundamental to compliance. The Labor Standards Act (LSA) sets clear guidelines for standard working hours, overtime, rest periods, and other related aspects of employment. Adhering to these regulations is not only a legal requirement but also essential for fostering a fair and productive work environment.
For businesses employing staff in South Korea, whether local or foreign, ensuring compliance with these working time rules is a key responsibility. This includes correctly calculating wages, managing overtime, providing mandated breaks, and maintaining accurate records, all of which contribute to smooth operations and avoid potential legal issues.
Standard Working Hours and Workweek Structure
In South Korea, the standard working week is set at 40 hours, typically spread over five days, with a standard working day limited to 8 hours. This framework establishes the baseline for calculating regular pay and determining when overtime begins. While the standard week is 40 hours, the law permits an extension of working hours through agreement between the employer and employee, subject to specific limitations.
The total maximum working hours, including standard hours and overtime, are capped weekly. This limit is designed to prevent excessive working hours and protect employee well-being.
| Category | Limit | Notes |
|---|---|---|
| Standard Daily | 8 hours | |
| Standard Weekly | 40 hours | Typically over 5 days |
| Maximum Weekly | 52 hours | Including standard and overtime |
Overtime Regulations and Compensation Requirements
Work performed beyond the standard 40 hours per week or 8 hours per day is considered overtime. The Labor Standards Act strictly limits the amount of overtime an employee can work. The maximum permissible overtime is 12 hours per week, bringing the total maximum working hours to 52 hours per week (40 standard + 12 overtime).
Overtime work must be compensated at a premium rate. The standard overtime rate is 150% of the employee's ordinary wage. Higher rates apply for overtime work performed during night hours, weekends, or public holidays, often resulting in stacked premiums.
| Type of Work Premium | Rate (of Ordinary Wage) | Notes |
|---|---|---|
| Standard Overtime | 150% | Work exceeding 8 hrs/day or 40 hrs/week |
| Night Work | +50% | Work between 10 PM and 6 AM (in addition) |
| Weekend/Holiday Work | +50% | Work on designated rest days/holidays |
For example, overtime work performed during night hours or on a weekend/holiday would typically be compensated at 200% (150% overtime + 50% night/weekend premium).
Rest Periods and Break Entitlements
Employers are legally required to provide employees with adequate rest breaks during the workday. The duration of these breaks depends on the length of the working period. These breaks are unpaid and are intended to allow employees sufficient time to rest away from their work duties.
In addition to daily breaks, employees are entitled to weekly rest days. The LSA mandates that an employer must provide at least one paid rest day per week, typically a Sunday, though this can be adjusted based on work schedules and agreements.
| Working Period Duration | Minimum Break Entitlement |
|---|---|
| 4 hours | 30 minutes |
| 8 hours | 60 minutes |
Night Shift and Weekend Work Regulations
Working during night hours or on weekends and public holidays is subject to specific regulations and premium pay requirements. Night work is generally defined as work performed between 10:00 PM and 6:00 AM. As mentioned, night work attracts a 50% premium on top of the ordinary wage, or on top of the overtime rate if the night work is also overtime.
Similarly, work performed on designated weekly rest days or public holidays also requires a 50% premium. These premiums are cumulative, meaning an employee working overtime on a Sunday night would receive their ordinary wage plus the overtime premium (50%), the weekend premium (50%), and the night work premium (50%), totaling 200% of their ordinary wage for those hours.
Working Time Recording Obligations for Employers
Employers in South Korea have a legal obligation to accurately record the working hours of their employees. This includes standard hours, overtime hours, night work, and work performed on weekends or holidays. Maintaining precise records is essential for demonstrating compliance with the Labor Standards Act, correctly calculating wages and premiums, and resolving potential disputes.
Records should be kept in a clear and verifiable manner, detailing the start and end times of work each day, as well as break times. These records must typically be retained for a specified period, usually three years, and made available for inspection by relevant authorities if required. Failure to maintain accurate working time records can result in penalties for the employer.
