Labor Law Q&A details

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

Weekly Holiday

I work 4 hours a day, 5 days a week, and a total 20 hours a week. I’ve heard that it is possible to receive a weekly holiday allowance according to the Labor Standards Act. Can part-time workers like me also receive a weekly holiday allowance?
According to Paragraph (1) 9 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 over an average of four weeks (in cases where their working periods are less than four weeks, such period of working) are 15 hours or more. However, if contractual work hours per week are fewer than 15 hours, weekly holiday rules shall not apply.
The weekly holiday is a paid holiday pursuant to Article 55 of the Labor Standards Act, which means that even if you do not work on the holiday, 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 to relieve workers of the fatigue from the previous, if you do not go to work for the whole week, you may not receive a weekly holiday allowance. If your wage payment is monthly or annual salary, 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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