Labor Law Q&A details

Chapter 8 Women and The Aged

Does the local law impose a mandatory right for an employee to be granted the right to work part-time? In which cases / for how long / under which conditions? Can the employer refuse if the work does not permit this flexibility?

Article 19-2 (Reduction of Working Hours for Period of Childcare), Equal Employment Opportunity and Work-Family Balance Assistance Act, as last amended by Act No. 13932, Jan. 28, 2016

Instead of childcare leave, an employee can request a reduction of working hours for period of childcare. In this case the working hours should be at least 15 hours and maximum 30 hours a week.


*Equal Employment Opportunity and Work-Family Balance Assistance Act

Article 19-2 (Reduction of Working Hours for Period of Childcare) (1) Where any worker eligible to apply for childcare leave under Article 19 (1) applies for a reduction of working hours in lieu of such leave (hereinafter referred to as "reduction of working hours for period of childcare"), the employer shall grant it: Provided, That this shall not apply to cases prescribed by Presidential Decree, such as where it is impossible to employ his/her substitute or where the normal operation of business is significantly hindered.

(2) Where the employer does not grant a reduction of working hours for period of childcare under the proviso to paragraph (1), he/she shall notify the relevant worker of the ground therefor in writing and have him/her use childcare leave, or consult with the relevant worker as to whether to support him/her through other measures.

(3) Where the employer grants a reduction of working hours for period of childcare to the relevant worker under paragraph (1), the working hours after reduction shall be at least 15 hours a week, but shall not exceed 30 hours a week.

(4) The period for reduction of working hours for a period of childcare shall not exceed one year.

(5) No employer shall dismiss, or take any disadvantageous measures against, a worker on grounds of reduction of working hours for a period of childcare.

(6) After a worker completes a reduction period of working hours for a period of childcare, the employer shall reinstate him/her in the same work as before a reduction of working hours, or any other work paying the same level of wages.

(7) Matters necessary for methods and procedures for filing an application for a reduction of working hours for a period of childcare and other matters shall be prescribed by Presidential Decree.

[This Article Newly Inserted by Act No. 8781, Dec. 21, 2007]

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

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