1. Purpose
'Flexible working hours' means shortening the working hours of other working days or other weeks instead of extending working hours on particular working days or particular weeks, so that the average working hours of a certain period shall be within the statutory standard working hours (40 hours per week). For an example, if you work 45 hours (9 hours x 5 days) in the first week and 35 hours (7 hours x 5 days) in the second week, they will equal 40 hours per week on average, meaning an overtime allowance will not have to be paid for the 5 extended working hours in the first week.
From the perspective of workers, it is easy to utilize leisure time by reducing working hours, decreasing the number of commuting days, and increasing holidays, while they face changes in biorhythm that cause greater fatigue while their real wages decrease due to reduced overtime allowance. From the perspective of employers, it is possible to reduce labor costs by increasing the efficiency of working hours and reducing the demand for overtime by arranging working hours to proactively respond to market conditions and management, avoiding a fixed statutory time system that is too strict.
The flexible working hour system is designed to increase efficiency in a workforce by adjusting the length of working time according to seasonal, monthly, or daily fluctuations in workload.
Under it, the employee works additional hours the legal standard working hours for a specific period such as two weeks, one month or three months on the condition that the average working hours for a certain period of a day or week shall not exceed the standard working hours. In this case, the employer is not violating the working hour rules of the LSA, nor is he/she obliged to pay an additional allowance for the extended hours. This system is designed to benefit the employer by allowing him/her to adjust working hours according to seasonal changes in production volume.
2. Introducing a Flexible Working Hour System
rticle 51 (Flexible Working Hour System)
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.
1.1.1.1. Enforcement Decree
1.1.1.2.
Article 28 (Agreed-upon Matters regarding Flexible Work Hours System)
① “Other matters prescribed by Presidential Decree” in Article 51 (2) 4 of the Act mean the valid period of a written agreement.
② If necessary for deciding on whether or not to devise measures to ensure the existing wage level as prescribed in Article 51 (4) of the Act, the Minister of Employment and Labor may order the employer to present the contents of such measures, or may check them directly.
An employer may adopt “flexitime” on a 2-week basis by modifying the rules of employment and on a 3-month basis by reaching agreement with the employee representative. In a flexitime scheme on a 2-week basis, the hours of work in a particular week may not exceed 48; in a flexitime scheme on a 3-month basis, the hours of work in a particular week and on a particular day may not exceed, respectively, 52 and 12 (Article 51 of the LSA).
(1) Introduction of flexible working hours up to two weeks
Flexible working time up to two weeks can be prepared through the establishment and revision of employment rules. In order to introduce this system through the employment rules, the opinion of the labor union representing the majority of workers or an employee representative representing the majority of workers shall be heard, and consent obtained if introduction of the system will disadvantage the workers.