Article 50 (Work Hours)

(1) Work hours shall not exceed 40 hours a week, excluding hours of recess.

(2) Work hours shall not exceed eight hours a day, excluding hours of recess.

(3) Upon calculating the work hours under paragraphs (1) and (2), any waiting time, etc. spent by employees under the direction and supervision of their employers that is necessary for the relevant work shall be deemed work hours.

Article 51 (Flexible Working Hour System within three months period)

(1) An employer may have a worker work in accordance with the rules of employment (or in accordance with rules or regulations equivalent thereto) for a specific week in excess of working hours prescribed in Article 50 (1), or for a specific day in excess of working hours prescribed in Article 50 (2), on condition that average working hours per week in a certain unit period of not more than two weeks do not exceed the working hours under Article 50 (1), and provided that working hours in any particular week shall not exceed forty-eight hours.

(2) Where an employer reaches an agreement in writing with a workers’ representative on the following enumerated items, the employer is allowed to have a worker work for a specific week in excess of the working hours under Article 50 (1), or for a specific day in excess of the working hours under Article 50 (2), on the condition that average working hours per week in a certain unit period of not more than three months do not exceed the working hours under Article 50 (1). However, working hours for a specific week, and for a specific day shall not exceed fifty-two hours and twelve hours respectively:
1. scope of workers subject to this paragraph;
2. unit period (a unit period not exceeding three months);
3. working days in a unit period and working hours for each working day; and
4. other matters prescribed by Presidential Decree.

(3) The provisions of paragraphs (1) and (2) shall not apply to workers aged between fifteen and eighteen, and pregnant female workers.

(4) If an employer needs to have a worker work in accordance with the provisions of paragraphs (1) and (2), the employer shall prepare measures to ensure that the existing wage level is not lowered.

Enforcement Ordinance

Article 51-2 (Flexible Working Hour System exceeding three months period)

① Where an employer reaches an agreement in writing with a workers’ representative on the following enumerated items, the employer is allowed to have a worker work for a specific week in excess of the working hours under Article 50 (1), or for a specific day in excess of the working hours under Article 50 (2), on the condition that average working hours per week in a certain unit period exceeding 3 months and not exceeding 6 months, do not exceed the working hours under Article 50 (1). However, working hours for a specific week, and for a specific day shall not exceed fifty-two hours and twelve hours respectively:
1. Scope of target workers;
2. Unit period (shall be set as a fixed period exceeding 3 months and not exceeding 6 months);
3. Working hours per week in unit period; and
4. Other matters prescribed by Presidential Decree.
② In the case of working pursuant to Paragraph (1), the employer shall give the worker a continuous break of 11 hours or more before the start of the next working day after the end of the working day. However, if it is inevitable as prescribed by Presidential Decree, such as natural disasters, the written agreement with a workers’ representative shall be followed.
③ The employer shall notify the worker of the working hours for each working day of the week two weeks before the start of the working day of each week pursuant to Paragraph (1) ③.
④ When inevitable reasons such as unpredictable natural disasters, machine breakdowns, and sudden increase in workload occur at the time of written agreement with a workers’ representative pursuant to Paragraph (1), the employer shall work for one week on average within the unit period under Paragraph (1) ②. As long as the time is maintained, the matters referred to in paragraph (1) ③ may be changed after consultation with a workers’ representative. In this case, prior to the commencement of the changed working day, the employee shall be notified of the working hours for each working day.
⑤ In the case of engaging workers to this flexible working hours pursuant to paragraph (1), the employer shall adjust or establish wage items so that the existing wage level does not decrease, or prepare wage preservation measures such as payment of additional wages, and shall report to the Minister of Employment and Labor. However, this is not the case if a wage preservation plan has been prepared through written agreement with a workers’ representative.
⑥ The provisions of paragraphs (1) through (5) shall not apply to workers aged between fifteen and eighteen, and pregnant female workers.

Enforcement Ordinance

Article 52 (Selective Working Hour System)

(1)When an employer has determined the matters falling under the following subparagraphs by a written agreement with the labor representative with regard to employees who are allowed to decide on their own beginning and finishing time of work pursuant to the rules of employment (including other rules equivalent thereto), he/she may extend weekly work hours beyond those referred to in Article 50 (1) and daily work hours beyond those referred to in Article 50 (2), to the extent that average work hours per week during the period of adjustment set within the limit of a month do not exceed the work hours referred to in Article 50 (1):

1. Scope of employees to whom the above provisions shall apply (excluding those employees at the age of not less than 15 and less than 18);

2. Adjustment period (determined to be a specified period of not exceeding one month);

3. Total work hours during the adjustment period;

4. Starting and ending time of work hours during which work must be provided, if so required;

5. Starting and ending time of work hours which employees are allowed to determine;

6. Other matters prescribed by Presidential Decree.

(2)

Enforcement Ordinance

Article 53 (Restrictions on Extended Work)

(1) Where an agreement is made between the parties, work hours referred to in Article 50 may be extended by up to 12 hours per week.

(2) Where an agreement is made between the parties, work hours referred to in Article 51 and 51-2 may be extended by up to 12 hours per week, and work hours referred to in Article 52(1) may be extended by up to 12 hours per week averaged during the adjustment period as referred to in Article 52(1)2.

(3) Where an employer who regularly employs less than 30 employees makes a written agreement on the following matters with the labor representative, he/she may extend work hours insofar as the work hours do not exceed eight hours per week, in addition to the extended work hours under paragraph (1) or (2):

1. Reasons why it is necessary to exceed the extended work hours under paragraph (1) or (2), and the period;

2. The scope of employees to whom the agreement is applicable.

(4) Under special circumstances, an employer may extend work hours referred to in paragraphs (1) and (2) with the authorization of the Minister of Employment and Labor and the consent of employees: Provided, That where the employer does not have enough time to obtain authorization from the Minister of Employment and Labor as the situation is urgent, he/she shall, without delay, obtain approval from the Minister of Employment and Labor after the extension of work hours.

(5) Where the Minister of Employment and Labor deems that the extension of work hours referred to in paragraph (4) is not appropriate, he/she may order the employer to give employees recess hours or leaves of absence corresponding to the extended work hours.

(6) Paragraph (3) shall not be applicable to employees aged between 15 and less than 18 years.

(7) In order to protect the health of employees who works overtime pursuant to the Article 53(4), the employer shall take appropriate measures stipulated by Enforcement rules from Minister of Employment and Labor such as by conducting health examinations or by granting recess etc.

[Paragraphs (3) and (6) of this Article shall be effective until December 31, 2022 pursuant to Article 2 of the Addenda of Act No. 15513]
[Enforcement Date: Jul. 1, 2021] Article 53 (3), Article 53 (6)

Article 54 (Recess)

(1) An employer shall allow employees a recess of not less than thirty minutes in cases of working for four hours, or a recess of not less than one hour in cases of working for eight hours, during work hours.

(2) Recess hours may be freely used by employees.

Article 55 (Holidays)

(1) An employer shall guarantee to employees at least one paid holiday per week on the average.

(2) An employer shall guarantee to employees paid holidays as prescribed by Presidential Decree: Provided, That where he/she makes a written agreement with the labor representative, such paid holidays may be substituted with particular working days.

[Enforcement Date] The amended provisions of Article 55 (2) shall enter into force on the following dates:

1. Business or workplaces regularly employing at least 300 employees, public institutions under Article 4 of the Act on the Management of Public Institutions, local government-invested public corporations or local public agencies under Article 49 or 76 of the Local Public Enterprises Act, institutions or organizations in or to which the State, a local government or a government-invested institution makes an investment of at least 1/2 their capital or a contribution of at least 1/2 of their endowment, institutions or organizations in or to which the abovementioned institutions or organizations make an investment of at least 1/2 of their capital or a contribution of at least 1/2 of their endowment, and institutions of the State or local governments: January 1, 2020;

2. Business or workplaces regularly employing between 30 and less than 300 employees: January 1, 2021;

3. Business or workplaces regularly employing between 5 and less than 30 employees: January 1, 2022.

Enforcement Ordinance

Article 56 (Extended, Night or Holiday Work)

(1) An employer shall, in addition to the ordinary wages, pay employees at least 50/100 thereof for extended work (referring to the work during the hours extended pursuant to Articles 53 and 59 and to the proviso to Article 69).

(2) Notwithstanding paragraph (1), an employer shall, in addition to the ordinary wages, pay employees who perform work on a holiday an amount the same as or more than the following amounts:

1. Holiday work for up to eight hours: 50/100 of ordinary wages;

2. Holiday work exceeding eight hours: 100/100 of ordinary wages.

(3) An employer shall, in addition to the ordinary wages, pay at least 50/100 thereof to employees who perform night work (referring to the work performed between 10:00 p.m. and 6:00 a.m. of the next day).

Article 57 (Compensatory Leave System)

An employer may grant employees leaves in lieu of wage payments for extended work, night work, or holiday work pursuant to Articles 51-3, 52(2)2 and 56 according to a written agreement that is concluded between him/her and the labor representative.

Article 58 (Special Cases for Calculation of Work Hours)

(1) When it is difficult to calculate work hours provided by an employee because he/she carries out all or part of his/her duty outside the workplace owing to a business trip or any other reason, it shall be deemed that he/she has worked for contractual work hours: Provided, That where it is ordinarily necessary for the employee to work in excess of contractual work hours in order to carry out the said duty, it shall be deemed that he/she has worked for the hours ordinarily required to carry out that duty.

(2) Notwithstanding the proviso to paragraph (1), in case where there exists a written agreement between an employer and the labor representative in regard to the work concerned, the hours as determined by such a written agreement shall be regarded as those ordinarily required to carry out the relevant duty.

(3) In case of works designated by Presidential Decree as those which, in light of the characteristics of works, require leaving the methods of performance to an employee' discretion, it shall be deemed that the works have been provided for such work hours as determined by a written agreement between the employer and the labor representative. In this case, such written agreement shall specify the matters falling under the following subparagraphs:

1. Work to be provided subject to such written agreement;

2. Statement that the employer would not give specific directions to the employee regarding how to perform the work, how to allocate work hours, etc.;

3. Statement that the calculation of work hours shall be governed by the written agreement concerned.

(4) Matters necessary for implementing paragraphs (1) and (3) shall be determined by Presidential Decree.

Enforcement Ordinance

Article 59 (Special Cases concerning Work Hours and Recess Hours)

(1) Where an employer has made a written agreement with the labor representative with regard to any of the following business among the divisions or groups listed in the industrial standards publicly notified by the Commissioner of the Statistics Korea pursuant to Article 22 (1) of the Statistics Act, he/she may have employees work extended hours in excess of 12 hours per week under Article 53 (1) or change the recess hours under Article 54:

1. Land transportation and pipeline transportation services: Provided, That the route passenger transport business under Article 3 (1) 1 of the Passenger Transport Service Act shall be excluded;

2. Water-borne transportation services;

3. Air-borne transportation services;

4. Other transportation-related services;

5. Health care services.

(2) In the case of paragraph (1), an employer shall give employees at least 11 hours of an uninterrupted recess starting from the end of a working day until the beginning of the next working day.

[This Article Wholly Amended by Act No. 15513, Mar. 20, 2018]

Enforcement Ordinance

Article 60 (Annual Paid Leave)

(1) Every employer shall grant any employee who has worked not less than 80 percent of one year a paid leave of 15 days.

(2) Every employer shall grant any employee who has continuously worked for less than one year or who has worked less than 80 percentage of one year one paid-leave day for each month during which he/she has continuously worked.

(3) Deleted.

(4) Every employer shall grant any employee who has continuously worked for not less than three years the paid-leave days that are calculated by adding one day for every two continuously working years not including the first one year to the 15 paid-leave days referred to in paragraph (1). In this case, the total number of paid-leave days, including the additional paid-leave days, shall not exceed 25 days.

(5) Every employer shall grant the paid leave referred to in paragraphs (1) through (4) at the time when an employee files a claim therefor, and pay the employee an ordinary wage or an average wage during the period of paid leave as prescribed by the rules of employment, etc.: Provided, That in the event that granting the employee a paid leave at the time when such employee wants to take the paid leave greatly impedes the business operation, the relevant employer may change the time of the paid leave.

(6) In applying paragraphs (1) and (2), any of the following periods shall be deemed the period of attendance at work:

1. Period during which an employee takes time off due to any injury or sickness arising out of duty;

2. Period during which a woman in pregnancy takes time off due to the leave under the provisions of Article 74 (1) through (3);

3. Period during which an employee takes time off on child-care leave under Article 19 (1) of the Equal Employment Opportunity and Work-Family Balance Assistance Act.

(7) The paid leave referred to in paragraphs (1), (2) and (4) shall, if it is not taken for one year(For those whom has worked less than one year of continuous work period in paragraph (2), it refers to until the first year of work ends), be terminated by time limitation: Provided, That the same shall not apply where the paid leave is not taken for reasons attributable to the employer.

Enforcement Ordinance

Article 61(Measures to Urge Employees to Take Annual Paid Leave)

(1) Where any employee’s paid leave is terminated by time limitation pursuant to the main sentence of Article 60 (7) because the employee fails to take his/her paid leave although the relevant employer has taken the measures falling under each of the following subparagraphs to urge employees to take their respective annual leave pursuant to Article 60 (1), (2) and (4) (which excludes the monthly leave given for employees who have worked less than one year, in accordance with Article 60(2)), the relevant employer is not obligated to compensate the employee for his/her failure to take the paid leave, and the employee’s failure to take the paid leave shall be deemed not to fall under the reasons attributable to the employer provided for in the proviso to Article 60 (7):

1.Any employer shall notify in writing every employee of the number of days of his/her paid leave that has not been taken, and shall urge every employee to notify the employer of a period he/she is planning for the paid leave after determining on such period within ten days, at the six month point before the period under the main sentence of Article 60 (7) expires;

2. Notwithstanding the encouragement referred to in subparagraph 1, if the employee fails to notify the employer of a period during which he/she is planning to take all of part of his/her remaining paid leave within ten days from the date he/she is urged to take his/her paid leave, the employer shall notify the employee in writing after setting a period for his/her paid leave, by no later than two months before the period under the main sentence of Article 60 (7) expires.

(2) Where any employee’s paid leave is terminated by time limitation pursuant to the main sentence of Article 60 (7) because the employee fails to take his/her paid leave although the relevant employer has taken the measures falling under each of the following subparagraphs to urge employees to take their respective annual leave pursuant to Article 60 (2): the monthly leave given for an employee who has worked less than one year, the relevant employer is not liable to compensate the employee for his/her failure to take the paid leave, and the employee’s failure to take the paid leave shall be deemed not to fall under the reasons attributable to the employer provided for in the proviso to Article 60 (7):

1. Any employer shall notify in writing every employee of the number of days of his/her paid leave that has not been taken, and shall urge every employee to notify the employer of a period he/she is planning for the paid leave after determining on such period within ten days, at the three month point prior to one year of his/her service;

2. Notwithstanding the encouragement referred to in subparagraph 1, if the employee fails to notify the employer of a period during which he/she is planning to take all of part of his/her remaining paid leave within ten days from the date he/she is urged to take his/her paid leave, the employer shall notify the employee in writing after setting a period for his/her paid leave, by no later than one month before the end of his/her first year

Article 62 (Substitution of Paid Leave)

An employer may, by a written agreement with the labor representative, get employees to take a paid leave on a particular working day, in substitution of an annual paid leave provided for in Article 60.

Article 63 (Exclusion from Application)

The provisions pertaining to work hours, recess, and holidays referred to in this Chapter and Chapter V shall not apply to an employee who falls under any one of the following subparagraphs:

1. An employee engaged in cultivation or reclamation of land, seeding, cultivation, or collection of plants, or other agricultural and forestry work;

2. An employee engaged in breeding of animals, collection or catching of marine animals and plants, cultivation of marine products, or other cattle breeding, sericulture and fishery business;

3. An employee engaged in surveillance or intermittent work, whose employer has obtained the approval of the Minister of Employment and Labor;

4. An employee engaged in such business as prescribed by Presidential Decree.

Enforcement Ordinance