Labor Law Q&A details

Chapter 4 Working Environment and Disciplinary Action

Weekly Holiday Allowance Requirements?

In this month, I have been late, leaving early, and out for four times for personal reasons. If I combine all that time, it will be over 8 hours. I have never been absent. But when I received my monthly salary, my wages were cut off. I contacted the company and I was told that all the hours for lateness, leaving early, and the outing was settled as unpaid hours. And also, since it was more than 8 hours, weekly holiday allowance for a week was not paid. I know that you can receive a weekly holiday allowance if you have perfect attendance. If I am late or leave early, does it affect my attendance?

A. Workers are entitled to one or more “paid” holidays per a week and must have perfect attendance for contractual working days per a week. Wages paid for weekly holidays are often referred to as “weekly holiday allowances.” Perfect attendance is a condition for being paid, not a holiday.

When judging the “perfect attendance” of a contractual work day, even though the worker did not work the whole working time of the contractual work hour due to lateness, early leaving, outing, etc., if the worker went to work and provided labor, it cannot be treated as absenteeism. Therefore, the Ministry of Employment and Labor interpreted that giving the disadvantage to weekly and annual paid leave is unfair by treating three times of lateness, early leaving, or outing as a 1 day of absence.

As another example, about whether the employer does not have to pay the paid holiday allowance if worker’s combined hours of weekly lateness or the outing hours exceed 8 hours and be treated as one-day absence, the article 55 of the Labor Standard Act and Article 30 of the Enforcement Decree of the same Act stipulate that an employer must grant one paid holiday for a worker who has shown perfect attendance of the contractual working days during one week. In here ‘perfect attendance’ means not being absent during contractual working days which is obliged to provide labor. Therefore, even if combined hours of lateness or outing are 8 hours, being late or outings are not an absence. So, it cannot affect attendance record by treating it as a 1-day absence.

Therefore, in the question, even if the time exceeds 8 hours due to being late, leaving early, or outing, the employer cannot reduce the weekly holiday allowance by treating it as a 1-day absence.

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

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