Labor Inspection Preparation

Chapter 6 Employment Adjustment

An employer shall not have a pregnant female, or one who is younger than 18, work at night and on holidays. ※ Punishable by imprisonment of up to two years, or by a fine not to exceed ten million WON

Restrictions on Night Work and Holiday Work (Article 70 of the LSA)
1) If an employer intends to have a pregnant female, or one who is younger than 18, work from 10 P.M to 6 A.M. and on holiday, the employer shall obtain consent of the employees and permission from the Minister of Labor.
2) In the case of a pregnant female, the employer can have the employee work at nighttime and on holiday only when she makes a request and the employer receives permission from the Minister of Labor
3)An employer, before obtaining permission from the Minister of Labor, shall consult in good faith with a workers' representative of the business or workplace concerned as to whether there will be night work or holiday work and its implementation methods for workers' health and maternity protection.


*Labor Standards Act

Article 70 (Restrictions on Night Work and Holiday Work)
(1) Where an employer intends to have women of 18 years or over work during the time from 10:00 p.m. to 6:00 a.m. and on holidays, he/she shall obtain the workers' consent.
(2) An employer shall not have pregnant women and nursing mothers and those under 18 years old work during the time from 10:00 p.m. to 6:00 a.m. and on holidays: Provided, That this shall not apply to any of the following cases where approval of the Minister of Employment and Labor is obtained:
1. Where there exists a consent of those under 18 years old;
2. Where there exists a consent of women for whom one year has not passed after childbirth;
3. Where a woman in pregnancy makes a clear request
(3) Before obtaining the approval of the Minister of Employment and Labor in the case of paragraph (2), an employer shall make a faithful consultation with the labor representative of the relevant business or workplace on whether to execute it, its methods, etc., in order to protect the workers' health and maternity.

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

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