Ⅴ. Overtime, Nighttime and Holiday Work

The Labor Standards Act: Article 50 (Work Hours)
① Working hours per week shall not exceed forty hours excluding recess hours.
② Working hours per day shall not exceed eight hours excluding recess hours.

Article 53 (Restrictions on Extended Work)
① If the parties concerned reach agreement, the working hours stipulated in Article 50 may be extended up to twelve hours per week.
② If the parties concerned reach agreement, the working hours stipulated in Article 51 may be extended up to twelve hours per week, and the working hours under Article 52 may be extended up to twelve hours per week averaged during an adjustment period pursuant to subparagraph 2 of Article 52.

Article 56 (Extended, Night or Holiday Work)
① Employers shall pay an additional 50 percent or more of the ordinary wage for extended work (work during the hours as extended pursuant to the provisions of Articles 53 and 59, and the proviso of Article 69).
② Notwithstanding paragraph (1), with regards to holiday work employers shall pay additionally according to the following subparagraphs:
1. Holiday work of 8 hours or less: 50 percent of the ordinary wage
2. Holiday work beyond 8 hours: one hundred percent of the ordinary wage
③ Employers shall pay an additional 50 percent of the ordinary wage for night work (work between 10 P.M. and 6 A.M.)

1. Overtime

(1) Overtime limits

Overtime refers to working hours that exceed the standard working hours specified in the Labor Standards Act. Adult employees may extend their working hours up to 12 hours per week through mutual agreement by the parties concerned, with no limit on daily working hours.
There has been confusion as to what constitutes “one week”. Things used to be based on 5 or 6 days, with the weekly holiday excluded. Therefore, there were 40 working hours plus up to 12 hours overtime, and then 8 hours of holiday work or 16 hours over 2 holidays could be added, which could total 68 hours a week. However, on March 20, 2018, Article 2 of the Labor Standards Act was amended to include the definition that “one week refers to seven days including holidays.” Due to this, the maximum working hours per week is now 52 hours including holidays. Employers shall be punished for violations with imprisonment of not more than 2 years or a fine of not more than KRW 20 million(Article 110 of the LSA, Penal Provisions).


Article 2 (Definitions)
① Terms used in this Act are defined as follows
7. The term “one week” refers to seven consecutive days including holidays.



[Before revision]
Max working hours per week: 68
× 68 hrs = 40 hrs + 12 hrs + 16 hrs
(if there are 2 holiday days)

[After revision]
Max working hours per week: 52
× 52 hrs = 40 hrs + 12 hrs


An employer shall not permit a pregnant employee to work overtime. However, an employer can allow a returning female worker within one year after childbirth to work overtime up to two hours per day, six hours per week, and 150 hours per year. A minor’s overtime shall not exceed one hour per day and 6 hours per week(Article 74, 75, and 69).
The term “minor” refers to a worker who is between 15 and 17 years of age. Working hours for minors cannot exceed 7 hours per day and 35 hours per week. However, if agreed between the parties, they may be extended 1 hour per day and 5 hours per week. That is, a minor can work up to 8 hours a day and 40 hours a week. Employers shall be punished for violations with imprisonment of not more than 2 years or a fine of not more than KRW 20 million(Article 110 of the LSA, Penal Provisions).

(2) Overtime and additional allowances

Employers shall pay an additional 50% of ordinary wage for overtime, night, and holiday work. The additional pay shall be made for the employee’s overtime after calculating it into his/her ordinary wage. In cases where contractual working hours(e.g., four hours per day) in the collective agreement or rules of employment are fewer than the legal standard working hours, an additional allowance needs to be paid for extended working hours exceeding the contractual working hours regardless of whether they exceed the legal standard working hours. In this case, if the part-time employee worked for 8 hours, the employer shall pay the basic pay for four hours and the overtime allowance for six hours: for four hours extended work and an additional two hours for overtime, which will be 10 hours’ wage in total(Article 6 of the Act on the Protection Etc. of Fixed-term and Part-time Employees).

2. Night Work

(1) Night working hours
Night working hours range from 10 p.m. to 6 a.m. the following day.

(2) Night work and additional allowance
Regardless of working hours within the contractual working hours, compensation for night work shall be paid separately as an additional allowance. In cases where overtime, off-day work, and night work overlap, an additional allowance shall be paid for each one respectively. For employees falling under Article 63 of the Labor Standards Act(exceptions may apply), an additional allowance will not be paid for overtime or off-day work, but shall be paid for night work.

3. Holiday Work

150% of the ordinary wage shall be paid for up to eight hours of holiday work, and 200% shall be paid for hours of holiday work over eight hours. When overtime work and holiday work overlap, in the past it was very confusing to calculate. However, it is meaningful that this amendment clarifies what to do with such overlap. Employers shall be punished for violations with imprisonment of not more than 3 years or a fine of not more than KRW 30 million(Article 109 of the LSA, Penal Provisions)