Working Hours, Holiday, Leave

Chapter 7 Other Related References

Ⅰ. Rules of Employment regarding Working Hours, Holidays, and Leaves (Standard Sample)

CHAPTER○. WORKING HOURS, REST PERIODS, AND HOLIDAYS

Article 14. Working Hours and Rest Period
1.Employees' working hours per week shall not exceed forty hours (40) excluding recess hours.
2.If an employee works outside of his or her office for a business trip or other similar reasons, his/her working hours will be deemed equivalent to the regular working hours unless there is clear documentation to demonstrate that his/her working hours differed from his/her normal working hours. However, if an employee exceeds his/her regular working hours in performing a specific work, the hours needed to perform the task are added to his/her working hours.

Article 14-2. Flexible working hours
1.        The Company shall allow employees to work more than 8 hours on a certain day and 40 hours in a certain week as long as the average weekly working hours in 2 weeks do not exceed 40 hours. But working hours in a certain week shall not be more than 48 hours.
2.        In cases below as decided upon according to a written agreement with the employees’ representative, the Company shall allow employees to work for more than 8 hours on a certain day and 40 hours on a certain week as long as the average weekly working hours during 3 months do not exceed 40 hours. But working hours on certain weeks and on a certain day shall not be more than 52 hours and 12 hours, respectively.
        (1) Scope of work of relevant employees
        (2) Period (A certain time period within 3 months shall be made.)
        (3) Working days and working hours for each working day during the relevant periods
        (4) Validity for the written agreement

Article 15. Time of Arrival and Leaving
1.An employee shall come to the workplace and prepare for work before working hours.
2.An employee shall not prepare to leave before the end of the working hours. An employee shall leave the office after arranging and fixing office supplies, documents, tools, etc.
3.During working hours, except in the case of an emergency, an employee shall not leave the Company without obtaining permission from the appropriate supervisor.

Article 16. Late Arrival and Early Departure
An employee opting to arrive late or depart early shall request permission in advance from the appropriate supervisor. In case of an emergency, when it is impossible to obtain such permission, the employee shall report as soon as possible, or at the latest, immediately upon his/her return to work, the reason for the late arrival or early departure and inability to obtain prior permission.

Article 17. Change in Working Hours
The working days and hours, starting time, finishing time, and rest time may be modified by the Company in accordance with the Labor Standards Act, work requirements, traffic conditions, and other factors.

Article 18. Holidays
Unless otherwise provided in the relevant laws, paid off-days shall be as follows:
1.Weekly off-days (every Sunday);
2.Labor Day (May 1st);
3.Company Foundation Anniversary; and
4.Public holidays designated by the Korean Government (subject to change).

Article 19. Work beyond Regular Working Hours and on Holidays
According to work requirements, employees may be requested to work at times other than the regular working hours or on holidays based upon mutual agreement of the parties concerned.

Article 20. Exemption
The provisions concerning working hours, rest periods, and holidays set forth in Chapter 4 shall not apply to any of the following employees:
1.An employee engaged in supervisory or managerial work and/or an employee dealing with company secrets as prescribed in Article34 of the Enforcement Decree of the Labor Standards Act.
2.An employee engaged in watching or intermittent work as set forth in Article 63 of the Labor Standards Act (e.g., drivers or guards).

CHAPTER○. LEAVE

Article 21. Types of Leave
1. Annual paid leave;
2. Maternity leave (Paternity leave);
3. Menstruation leave;
4. Special leave; and
5. Sub-fertility treatment leave.

Article 22. Procedures for Taking Leave
1.Any employee wishing to take leave shall obtain prior permission from the appropriate supervisor one week in advance by submitting a written request in the form designated by the Company(in exceptional circumstances, he/she may obtain permission less than one week in advance). With respect to annual and monthly paid leave, the Company may alter the period of an employee's leave in accordance with the Company's workload and needs, provided that the Company shall, to the utmost extent, try to respect the time appointed by the employee.
2.If an employee, for inevitable reasons, is unable to submit a prior request as provided for in the preceding paragraph, the employee shall report as soon as possible, or, at the latest, immediately upon resuming work, any absence, clearly stating the reasons therefore.

Article 23. Annual Paid Leave
The Company shall grant employees annual paid leave as follows:
1. Employees who have more than an eighty (80) percent or higher attendance rate in the given year shall acquire fifteen (15) days of annual paid leave.
2. Employees whose consecutive service years are less than one (1) year or whose attendance is less than 80 percent shall acquire 1 day of annual paid leave for every one month of perfect attendance.
3. Employees shall acquire fifteen (15) days of annual paid leave as stated in Clause 1 for their initial one-year working period. Additionally, the Company shall grant monthly paid leave as stated in Clause 2.
4. Employees who have consecutively worked for more than three (3) years shall acquire one (1) additional day of annual paid leave for every two (2) years exceeding an initial one working year stated in Clause 1. However, the maximum number of paid annual leave shall be limited to twenty five (25) days.
5. The Company shall grant annual paid leave to employees on their requested dates. However, the dates for annual paid leave requested by employees may be adjusted when the Company thinks the timing is inappropriate (e.g., due to heavy workload period or busy working season).
6. Annual leave days may be used by an employee at his/her own discretion, by accumulating or dividing them within one (1) year.
7. Claims for paid leave days shall be extinguished if not used within one (1) year; Provided that this shall not apply in cases where the worker concerned has been prevented from using them due to any cause attributable to the Company.

Article 24. Calculation Criteria of Annual Paid Leave
1. The calculation period of annual paid leave starts January 1st and ends December 31st; provided that if the consecutive service period of a newly hired employee is less than one year, monthly paid leave at each service month shall be obtained up to the end of that first year in advance. Then, on January 1st of the following year, the company provides 15 days of annual paid leave in advance.
2. At the end of the term of employment (or when resigning), the number of annual leave days that occurs on January 1st of the year in which the employee resigns will be adjusted and settled in proportion to the date of resignation for the period from January 1 to the resigning date.
3. Such holidays as holidays to exercise civil rights, weekly holidays, and public holidays shall be included as working days.
4. The period during which an employee cannot work due to occupational injuries or diseases, the period of maternity leave and child-care leave shall be regarded as a period of attendance.

Article 24-2. Promoting the Use of Annual Paid Leave
1. If an employee does not use leave notwithstanding the fact that the Company takes measures falling under any of the following subparagraphs to promote the use of paid leave prescribed in Article 23 (1) to (4), their leave will be forfeited; the Company shall have no obligation to compensate the employee for unused leave, unless the cause is attributable to the Company.
(1) Within the first ten (10) days of the six (6) months before the unused leave is to be forfeited, the Company shall notify each worker of the number of their unused leave days and urge them in writing to decide when they would prefer to claim the leave and to inform the Company of their decided leave period.
(2) Notwithstanding the notification prescribed in Subparagraph (1), if an employee fails to decide when to use the whole or part of the unused leave and inform the Company of the decided leave period within ten (10) days after the notice, the Company shall decide for the employee when they should use the unused leave and notify the employee of the decided leave period in writing no later than two (2) months before the unused leave is forfeited.
2. Where any employee's paid leave is terminated by time limitation pursuant to the main sentence of Article 23 (2) 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 23 (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 25. Replacement of Paid Leave
1.In cases where the Company has an employee on leave, it will replace his/her annual paid leave with a specific work day through a written agreement with the employee representative.
2.In cases where the employee has not used all leave by the end of the following calendar year, the Company shall compensate the employee for all of the unused annual paid leave.

Article 26. Special Leave
1.Congratulatory and Condolence Leave
In the event that an employee falls under any of the following categories, the Company shall grant prescribed special leave with pay.
(1) Marriage of employee : 5 days
(2) Marriage of child : 2 days
(3) 60th and 70th birthday of employee's or his/her spouse's parents : 1 day
(4) Death of spouse, child, employee's or his/her spouse's parents : 5 days
(5) Death of employee's or his/her spouse's siblings or grandparents : 2 day

CHAPTER 0. LEAVE OF ABSENCE

Article 27. Reasons for and Period of Leave of Absence
The Company may, on its judgment or discretion, order an employee falling under any of the following categories to take a leave of absence for the period concerned:
1.When the employee receives an order of draft or call under the Military Service Act for a period of at least one (1) month: for the period of draft or call;
2.When the employee is absent for fourteen (14) days or longer due to personal reasons: for up to two (2) months;
3.When it is deemed that the employee is unable to perform his/her duty due to physical or mental disorder: for up to six (6) months; provided, however, that, in unavoidable cases, this period may be extended up to three (3) months, one time only;
4.When the employee falls in the category where employment is restricted in accordance with Paragraph 1 of Article 45 of the Industrial Safety and Health Act: for up to six (6) months;
5.When the employee is under arrest or prosecuted under a criminal case: until the final verdict;
6.When the employee wishes to take a leave of absence in order to care for his/her infant of eight (8) years old or less or less than second grade in elementary school; or
7.In other unavoidable cases related to the Company's business and work requirements, provided that the Company shall decide after consultation with the employee representative.

Article 28. Treatment of Employees on Leave of Absence
1.The employee who is on leave shall maintain his/her status as an employee of the Company, but shall not perform his/her duties.
2.The employee who is on leave due to suspension from working or enlistment shall not be paid for the period from the day he/she receives the order of leave of absence to the preceding day of reinstatement.

Article 29. Reinstatement
1.The employee on leave shall submit an application for reinstatement within fourteen (14) days after the completion of the period of leave of absence, or after the cessation of the cause of such leave of absence, whichever is sooner.
2.If the period of leave of absence expires or the employee desires to be reinstated prior to the expiration of leave of absence because the reason for the leave of absence has ceased to exist, the Company shall immediately reinstate him/her to his/her former position; provided, however, that in the event it is difficult to reinstate him/her to the former position due to closure of the former position or due to a period of leave of absence for three (3) months or longer, the Company shall reinstate him/her to a corresponding position, similar position or another position after discussion with the employee concerned.
3.Concerning the employee who has been on a leave of absence for six (6) months or more, the Company may assign the employee to different duties as required by business necessity.

Chapter 7. Maternity Protection Rules

Article 30 [Maternity leave]
1.        The Company shall grant 90 days including before and after childbirth (120 days in the event of carrying two or more babies at once) of paid maternity leave to pregnant employees and maternity leave can be used in parts even before childbirth according to the relevant laws when there is a miscarriage, etc. But post-natal holidays shall be more than 45 days (60 days in the event of carrying two or more babies at once).
2.        The first 60 days (75 days in the event of carrying two or more babies at once) of the leave in the preceding article are paid (based on ordinary wages) but if there is any pre or post-natal holiday pay according to the relevant law, the amount paid shall be excluded.

Article 31 [Leave for miscarriage and stillbirth]
Company shall grant the following to female employees who request for leave with a medical certificate for miscarriage or stillbirth. But abortion is an exception.
1.        If the pregnancy of an employee with miscarriage or stillbirth (hereinafter called pregnancy) is within 11 weeks: Up to 5 days from the day of miscarriage or stillbirth
2.        When pregnancy is more than 12 weeks and less than 15 weeks: Up to 10 days from the day of miscarriage or stillbirth
3.        When pregnancy is more than 16 weeks and less than 21 weeks: Up to 30 days from the day of miscarriage or stillbirth
4.        When pregnancy is more than 22 weeks and less than 27 weeks: Up to 60 days from the day of miscarriage or stillbirth
5.        When pregnancy is more than 28 weeks: Up to 90 days from the day of miscarriage or stillbirth

Article 32 [Time allowed for prenatal checkups]
1.        The Company shall accept a request by a pregnant female employee for the time necessary for regular prenatal checkups according to relevant laws.
2.        The Company shall not reduce the pay of an employee in paragraph 1 for the time spent obtaining prenatal checkups.

Article 33 [Menstrual leave]
One day of unpaid monthly leave shall be given to a female employee at request.
Article 34 [Paternity leave]
1.        The Company shall grant 10 days paid paternity leave for each confinement of his spouse.
2.        Paternity Leave can’t be requested 90 days after the childbirth of the spouse.
3.        The Leave referred to in paragraph (1) may divided use only once
4.        The company shall not dismiss or give any other unfavorable treatment to an employee on account of taking paternity leave.

Article34-2[Sub-fertility treatment leave]
1. The company provide the sub fertility treatment leave (3 days per year) for employees who wish to receive medical fertility treatment, such as artificial insemination and IVF(In vitro fertilization).with the first day paid: Provided, That the company and employee can arrange a different date if the requested one will likely result in significant disruptions to the business.
2. The company shall not dismiss, penalize, or take any other disadvantageous action against an employee for taking a subfertility treatment leave.

Article 35 [Childcare leave]
1. Childcare leave shall be given at an employee’s request in pursuit of taking care of children of less than 8 years old and less than second grade in elementary school.
2. Childcare leave shall be within 1 year.
3. The Company shall not give unfavorable treatment involving dismissal due to childcare.
4. The Company shall actively cooperate with an employee for childcare benefits based on the relevant laws by providing evidentiary documents.

Article 36 [Reduction of Working Hours for Childcare Period ]
1.         The company shall grant ‘Reduction of Working Hours for childcare, if an employee asks for reduction of working hour to take care of his/her child(including an adopted child) aged 8 and under or in the second year of elementary school or lower (hereinafter referred to as ’working hour reduction for childcare period’) However, in cases where it is not possible to hire his/her replacement personnel, where it cause a considerable difficulty for normal business operation, and where there are other cases stipulated in the enforcement decree.
2.         If the company does not grant working hour reduction for childcare period under exceptional conditions of paragraph (1), he/she shall notify the employee of the reason in writing and have him/her take childcare leave or consult with the employee as to whether to support him/her through other measures such as adjusting the hours of working time
3.         If the company grants working hour reduction for childcare period to the relevant employee under paragraph (1), the working hours after reduction shall be 15 hours or more a week but shall not exceed 35 hours a week.
4.         The period of working hour reduction for childcare period shall be one year or less. However, if an employee who is entitled to childcare leave does not use the entire period of childcare leave (1 year), the employee can apply for a working hour reduction for childcare period by summing up with the remaining period.
5.         The company shall not dismiss or give any other disadvantageous treatment to the relevant employee on account of working hour reduction for childcare period.

Article 37 [Childcare time]
Feeding time shall be granted 2 times a day for more than 30 minutes each at the request of a female employee with an infant of less than 1 year old.

Article 38. Family Care Leave
1. If an Employee applies for family care leave (“Family Care Leave”) in order to take care of his/her parents, spouse, children, or the parents of his/her spouse having a disease, accident, or old age, the Company shall grant permission therefor as unpaid leave. However, in the cases stipulated under the Presidential Decree of the Equal Employment Opportunity and Work-Family Balance Assistance Act, for example where it is not possible to employ substitute workers, or material interference is caused to the normal operation of the business, etc., then the Company may refuse.
2. Where the Company does not allow Family Care Leave according to the last sentence of paragraph 1 above, the Company shall notify the relevant employee of the reasons therefor in writing, and exert efforts to take any of the following measures:
(1) Adjustment of the starting and ending times;
(2) Restrictions on overtime work;
(3) Adjustment of working hours, such as reduction or flexible operation of working hours; or
(4)) Other supportive measures appropriate to the relevant workplace conditions.
3. Family Care Leave shall be granted for up to ninety (90) days and may be divided for use. In such case, each period must be at least thirty (30) days. However, 10 days out of 90 days can be used daily.
4. The Company shall not dismiss or disadvantage an employee by such means as worsening the working conditions for an employee, due to the use of Family Care Leave.
5. The Family Care Leave period shall be included in the years of continuous service. However, such period shall not be included in the base period for calculation of average wages.

For further questions, please
call (+82) 2-539-0098 or email bongsoo@k-labor.com

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