Labor Law Q&A details

Chapter 3 Working hours, Recess, Off-Days and Leave

Arriving Early to Work and Work Hours

Labor contracts and rules of employment clearly state that work starts at 9 o’clock. But the company tells me to come to work 30 minutes early. In those 30 minutes, I am instructed to prepare for work and have to attend a meeting twice a week. Am I entitled to wages for those hours?
Even though the work time is set at 9:00 am on the labor contract, if the employer instructs the worker to come to work at least 30 minutes before his/her shift to change into work clothes or clean the office, in principle, the worker has the right to refuse since there are no contractual obligations to follow the order.
However, if the employer instructs the worker to come to work by 8:30 am and the worker does so to avoid disadvantage or wage deductions, then the time from 8:30 to 9:00 will be included in work hours. Unilaterally advancing the time for work to begin is not permitted without worker consent since it is a disadvantageous change in working conditions. Nevertheless, if the worker was in a position to provide work at any time to receive work instructions at 8:30 am, the employer would have to pay wages for the 30 minutes prior to the start of work. If that brings the total work time to more than 8 hours a day, the employer must pay an additional allowance for overtime.
Work hours also include the time required to make the necessary arrangements and preparations to perform the intended work. A meeting before working hours begin so the company can deliver instructions and organize the work shift shall be included in work hours since it is also done under the direction and supervision of the employer. Even though a lecturer has 10 minutes of recess time between the lectures, he/she has to prepare for the next class in compliance with the instructions of the employer, meaning the employee cannot use the recess time freely, so it must be included in the work hours.

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

    • 맨앞으로
    • 앞으로
    • 다음
    • 맨뒤로