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South-Korea

Working Hours and Overtime Regulations

Understand the laws governing work hours and overtime in South-Korea

Standard working hours

In South Korea, the Labor Standards Act (LSA), which was enacted in 1997, sets the legal framework for standard working hours.

The LSA establishes a maximum of 8 working hours per day and 40 working hours per week. This excludes rest periods during the workday. The law also mandates that any waiting time spent under an employer's direction be counted as working hours.

The LSA also allows for flexible working hour systems under specific conditions. Employers can schedule employees for more than the standard 40 hours per week during busy periods, as long as the average working hours over a specific timeframe (the "unit period") remain at 40 hours per week. This system requires agreement between the employer and employee representatives (such as a labor union) for periods exceeding two weeks.

Overtime

In South Korea, known for its long working hours, regulations are in place to govern overtime work and ensure fair compensation for employees. These specifics are outlined by the Labor Standards Act (LSA).

The LSA establishes the framework for overtime work, allowing employees to work beyond the standard working hours. However, there are limitations:

  • Maximum Weekly Overtime: Employees can agree to a maximum of 12 hours of overtime per week.
  • Weekend and Holiday Overtime: Overtime work on weekends and public holidays is permitted, with a higher limit of 16 hours per week.

South Korean law mandates fair compensation for overtime work. Employers are required to pay employees at an increased rate for overtime hours:

  • Overtime Pay Rate: Overtime work must be compensated at a rate of at least 1.5 times the employee's regular wage.

Additional considerations include:

  • Time Off in Lieu: In some cases, employers may offer time off in lieu of overtime pay, but this requires a written agreement with the employee's representative (such as a labor union).

The LSA offers some protections for specific employee groups regarding overtime work:

  • Women with Young Children: Women who haven't completed one year after childbirth cannot be required to work more than 2 hours of overtime per day, 6 hours per week, and 150 hours per year, even with their consent.
  • Minors: South Korean law strictly limits overtime work for minors under 18 years old. They cannot work overtime on school days or public holidays, and their weekly overtime is capped at 3 hours.

Rest periods and breaks

South Korean labor law ensures rest periods and breaks for employees to maintain their well-being and prevent burnout. These regulations are outlined in the Labor Standards Act (LSA).

The LSA mandates employers to provide rest periods for employees during their working hours. For working days of at least 4 hours, employees are entitled to a rest break of at least 30 minutes. For working days of at least 8 hours, employees are entitled to a rest break of at least 1 hour. These breaks are unpaid and not counted as working hours. Employees are free to use this time for relaxation, meals, or personal needs.

While the LSA sets these minimum standards, there are some exceptions. Companies with flexible working hour systems established under the LSA may have different break arrangements, as long as these are agreed upon by employee representatives (such as a labor union). Certain industries may have specific regulations regarding breaks outlined in separate legislation that supersede the LSA's general provisions.

Employees have the right to take their mandated rest periods without interruption from work duties. Employers cannot pressure them to skip breaks or work through them.

While the LSA doesn't explicitly mandate a minimum daily rest period between workdays, it does provide some relevant regulations. The law requires employers to provide employees with at least one rest day per week on average. This rest day can be a Sunday or another designated day agreed upon by the employer and employee (or their representatives).

Certain industries with traditionally long working hours might have specific regulations regarding daily rest periods outlined in separate legislation. Employees may agree to work on their designated rest day if they reach a written agreement with their employer for compensatory time off or other benefits.

Night shift and weekend regulations

In South Korea, labor laws are designed to safeguard the health and well-being of workers, including those who work night shifts and weekends.

When it comes to night work, it is generally defined as work performed during nighttime hours, typically between 10 pm and 5 am. Employees working nights are entitled to a wage premium of at least 50% on top of their regular wages for the night work hours. In agreement with labor representatives, employers can offer paid time off in place of the night work premium.

As for weekend work, all employees are entitled to at least one paid rest day per week, typically on Sundays. Work performed on a designated rest day is considered overtime and must be compensated at a higher rate, typically double the regular wage. Employers and employees can agree on flexible work arrangements, allowing for averaging working hours over a two-week period. This may involve exceeding 40 hours in one week to compensate for shorter workweeks, including weekends.

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