Labor Law Q&A details

Chapter 2 Wages

Part-time workers also can receive a weekly holiday allowance?

I work 4 hours a day, 5 days a week, and total 20 hours a week. It is said that it is possible to receive the weekly holiday allowance by the Labor Standards Law. Can part-time workers like me also receive a weekly holiday allowance?

According to Paragraph(1) 8 of Article 2 of the Labor Standards Act, the term “part-time worker” means a worker whose contractual work hours per week are shorter than those of a full-time worker engaged in the same kind of work at the workplace concerned. In accordance with Paragraph 3 of Article 18 of the same Act, weekly holiday rules shall apply to workers whose contractual work hours per week on an average of four weeks (in cases where their working periods are less than four weeks, such period of working) are more than 15 hours. However, if contractual work hours per week are less than 15 hours, weekly holiday rules shall not be applied.

The weekly holiday is granted as a paid holiday pursuant to Article 55 of the Labor Standards Act, which means that even if you do not work on holidays, your wages must be paid. This weekly holiday allowance obligation is applied irrespective of the number of full-time workers.

Because you work 20 hours a week, you are eligible for a weekly holiday and a weekly holiday allowance. However, because the purpose of the weekly holiday is for the recovery of accumulated fatigue of the workers due to the work of a week, if you do not go to work for the whole week, you may not be granted a weekly holiday allowance. If your wage payment type is a monthly or annual salary system, it will be interpreted that the weekly holiday allowance is already included in the basic wage.

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

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