Labor Inspection Preparation

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

2. Extended work shall be implemented with agreement with the worker, and extended working hours shall not exceed 12 hours per week. ※ Punishable with a fine imprisonment of up to two years, or by a fine not to exceed ten million WON

Restriction on Extended Work (Article 53 of the LSA)
If the parties concerned reach agreement, the working hours stipulated in Article 50 may be extended up to twelve hours per week.
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Article 53 (Restrictions on Extended Work)(1) Where there exists an agreement between the parties, work hours referred to in Article 50 may be extended up to 12 hours per week.

(2) Where there exists an agreement between the parties, work hours referred to in Article 51 may be extended up to 12 hours per week, and work hours referred to in Article 52 may be extended up to 12 hours per week averaged during the adjustment period as referred to in subparagraph 2 of Article 52.

(3) Under special circumstances, an employer may extend work hours referred to in paragraphs (1) and (2) with the authorization of the Minister of Employment and Labor and the consent of the workers: Provided, That where a situation is urgent that the employer does not have enough time to obtain authorization of the Minister of Employment and Labor, he/she shall obtain ex post facto approval without delay from the Minister of Employment and Labor.

(4) Where the Minister of Employment and Labor deems that the extension of work hours referred to in paragraph (3) is not appropriate, he/she may order the employer to allow the workers recess hours or days off equivalent to the extended work hours.

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

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