MOEL Interpretation

Labor Standards Act

Working Hours and Recess


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234 Records
234.The wage agreement concluded by labor and management sets working hours as 7 hours 20 minutes per day, 44 hours per week, and 220 hours per month (except February). The base pay is calculated based on 7 hours 20 minutes per day. If the working hours recorded on the tachograph for the day are less than this (except when there is a legitimate reason), pay is adjusted proportionally. If the monthly base working hours recorded on the tachograph fall short by 20 hours or more, no bonus is paid. The employer excludes all vehicle idle time recorded on the tachograph (such as stops) from working hours, recognizing only the actual driving time as working hours, even though the employee is on duty from clock-in to vehicle dispatch and return. As a result, workers suffer unfair wage reductions or non-payment of base pay and bonuses. However, counting only the vehicle running time as working hours excludes time during which workers are sincerely working while the vehicle is stopped for traffic signals, traffic congestion, passenger boarding and alighting, vehicle inspection during operation, as well as waiting time before dispatch and inspection/cleaning before dispatch after clocking in. We believe these times should also be considered working hours. What is your view on this?
233.Is the 10-minute break after every 50-minute lecture for academy instructors considered working hours?
232.For union members of city, intercity, and charter bus companies, due to the special nature of bus transportation and varying road and traffic conditions, meal times, waiting times, and preparation and finishing work times are not clearly distinguished. Questions regarding the calculation of working hours are as follows: (Question 1) Does waiting for about 5 to 10 minutes in the dispatch waiting room at the terminal (starting point) for the next trip according to the dispatch schedule count as working hours? (Question 2) Does waiting inside the vehicle for about 5 to 10 minutes for the next trip due to tight dispatch times caused by road and traffic conditions count as working hours? (Question 3) After arriving at the departure point (terminal) or stopover (bus stop), does waiting inside or near the vehicle before departing for the next destination count as working hours? (Question 4) For charter (tour) buses, after dropping passengers off at their destination (tourist site), does waiting inside the vehicle until the next departure time count as working hours? Preparation and finishing work times (Question 5) Before operation, according to Article 28 Paragraph 1 Clause 8 of the Passenger Transport Business Act and related enforcement rules, drivers must check safety equipment and lighting on the vehicle. Does the time spent inspecting the vehicle and installing/removing fare boxes per the employer’s instructions count as working hours? (Question 6) For city buses using compressed natural gas (CNG), refueling takes relatively long due to the shortage of refueling stations. Does the time spent refueling and returning to the garage after completing daily operations count as working hours? Meal time (Question 7) During waiting time for the next trip according to the employer’s dispatch plan, if a driver eats a meal within 5 to 10 minutes without a separate designated meal time, is that meal time counted as working hours?
231.The employment contract states working hours as from 08:00 to 18:00, but in practice, morning exercise starts at 07:45 on site. However, attendance at the morning exercise is only recommended as much as possible at the site, and there is no disadvantage if an employee does not attend. In fact, even if an employee is 20 to 30 minutes late past 08:00, they are still considered to have started work at 08:00. Is the 15-minute period between 07:45 (morning exercise start) and 08:00 (contractual work start time) considered working hours?
230.The company provides education allowances to employees participating in training to improve their job skills, but employees are not obligated to attend the training, and the company does not impose any personnel disadvantages for non-attendance. In this case, should the education time for which the allowance is paid be considered working hours?
229.Our company operates a facility management workplace where on-duty work involves emergency standby with significantly lower work intensity than daytime work. We pay a fixed on-duty allowance for this, but do we have to recognize this as working hours and pay overtime allowances accordingly?
228.Fixed-term workers (specialized personnel) engaged in the visiting health management project conducted by the public health center are required by the Ministry of Health and Welfare to obligatorily complete various trainings necessary for performing their duties. In relation to this, when a fixed-term worker (specialized personnel) in the visiting health management project receives an official business trip order for attending training outside their area, can the training attendance time be recognized as working hours and paid as labor costs pursuant to Article 58, Paragraph 1 of the Labor Standards Act (Special Cases for Calculating Working Hours)?
227.(Question 1) Procedures for introducing the 3-month flexible working hours system under Article 51(2) and the selective working hours system under Article 52 of the Labor Standards Act, and the method of electing worker representatives (Question 2) Scope of tasks subject to discretionary working hours under Article 58(3) of the Labor Standards Act and Article 31 of the Enforcement Decree (whether marketing, new business planning, and product planning qualify as discretionary work)
226.Methods for introducing the flexible working hours system and setting its validity period according to Article 51(2) of the Labor Standards Act
225.Operation method of the flexible working hours system under Article 51 of the Labor Standards Act and its relation to individual overtime agreements
224.Whether a wage agreement stipulating a split workday system constitutes an agreement on the flexible working hours system, and the method for introducing a 6-week unit flexible working hours system
223.If an employer has been effectively operating a Saturday alternate-week holiday system (a 2-week unit flexible working hours system) working 48 hours one week and 40 hours the next week, without any explicit provisions in the work rules since before the introduction of the flexible working hours system under the Labor Standards Act on March 13, 1997, and without any objections from employees, is the employer required to pay the prescribed overtime pay under Article 55 [currently Article 56] of the Labor Standards Act for the overtime hours exceeding 44 hours and up to 48 hours in the specific week?
222.When introducing a monthly flexible working hours system by written agreement between labor and management, some groups of employees set the unit period at 21 days, while other groups set it at 6 days. Does the unit period of a monthly flexible working hours system have to be set to at least 2 weeks and within 1 month?
221.In our company’s wage agreement with employees, it is stipulated that if an employee works 202.5 hours per month (prescribed working hours), they will receive a comprehensive monthly wage of 384,750 KRW (hourly wage 1,900 KRW), which includes basic pay plus weekly holiday allowance. Excluding 4 weekly holidays within 30 days of the month: ① If working 26 days, the daily working hours are 7.79 hours (202.5 ÷ 26 days). ② Due to the nature of the transportation company, the work pattern is 2 work days followed by 1 day off, with vehicle dispatch time from 6:00 AM to 2:00 AM the next day. Hours before 9:00 AM and after 11:00 PM are not counted as working hours, and commuting times are freely determined by the workers. Under these working conditions, if working 20 days per month (with weekly holidays substituting rest days), it is agreed that employees will work 10 hours daily (202.5 ÷ 20 days = 10.1 hours). In this case, applying Article 50 (Flexible Working Hours System) and Article 51 (Selective Working Hours System) of the Labor Standards Act, is it lawful for the company to conclude that working 10 hours per day (basic 8 hours plus overtime up to but not exceeding 12 hours) does not constitute overtime work, or does overtime payment apply? (The company’s working hours sometimes reach 10 hours on certain days, 40 hours in certain weeks, and 50 hours in other specific weeks, but the total monthly average working hours is considered 200 hours, and wages for 202.5 hours are paid.)
220.On March 1, 2006, at 1:00 AM, the National Railway Workers’ Union (hereafter “the union”) went on strike despite the Central Labor Relations Commission’s mediation. As a result, the railway system—which has a significant impact on the national economy—stopped operating. To minimize inconvenience to the public, our company deployed non-union members, retirees, soldiers, and others as substitute workers. Our company’s work is divided into stations, train crew, electrical, facilities, and vehicle departments, each with distinct work types such as daytime shifts, three-team two-shift systems, and rotating shifts. Among them, the three-team two-shift and rotating shift workers operate under a flexible working hours system (monthly basis) agreed upon between labor and management pursuant to Article 50 \[currently Article 51] of the Labor Standards Act. During the strike starting March 1, our company had no choice but to assign daytime shift workers (09:00–18:00) to shift work (e.g., station clerks) or rotating work (e.g., train drivers) to maintain railway operations. This assignment began on February 28, and substitute work started on March 1. For example, under normal circumstances, Office A operated a two-shift system divided into teams 1, 2, and 3. However, due to the strike and many workers leaving their posts, team 2 was inevitably suspended, and the non-striking and substitute workers from team 2 were split into teams 1 and 3 (while the original non-striking workers in teams 1 and 3 continued their normal duties). | Date | 3/1 | 3/2 | 3/3 | 3/4 | 3/5 | 3/6 | 3/7 | | | ------ | ----------- | ----------- | ----------- | ----------- | ----------- | --------- | ----------- | ----------- | | Team 1 | Normal Work | Day Shift | Night Shift | Night Shift | Off Duty | Holiday | Day Shift | Day Shift | | | Overtime | | | Night Shift | Night Shift | | | | | Team 3 | Normal Work | Night Shift | Off Duty | Holiday | Day Shift | Day Shift | Night Shift | Night Shift | | | Overtime | | Day Shift | Day Shift | | | | | \*On off-duty and holiday days, workers performed overtime to prevent work gaps. The union argues that, despite the labor-management agreement on the flexible working hours system under the shift and rotating work system, the company violated employment rules and collective agreements by assigning non-striking workers to shift work. **Inquiry 1:** Regarding the scope of workers subject to the flexible working hours system within 3 months, the agreement does not specify particular individuals but rather defines subject tasks or occupations, and workers falling under these categories can be designated accordingly. The company assigned daytime workers to fields where shift work was already practiced (e.g., station or vehicle departments) to perform these tasks. In other words, there was no change to the work agreed for flexible hours, only a change in the workers engaged. Since the scope of subject workers was not limited to specific individuals, this does not violate the legislative intent of the flexible working hours system. Please provide your judgment. **Inquiry 2:** Regarding agreed matters on the unit period’s working month and monthly working hours per unit period, the working hours for each team (for example, Team 1 on March 1: day shift; March 2 and 3: night shift; March 4: off; March 5: holiday; March 6 and 7: day shift) did not change. Within the department, assigning daytime workers to shift work involved no change in daily working hours, only a change of specific workers. This did not affect the variation in daily working hours. Please provide your judgment.
219.Under Article 51, Paragraph 2 of the Labor Standards Act, when implementing a flexible working hours system with a unit period within 3 months, a written agreement between the employer and the employee representative is required. Is it possible to consider that the written consent individually obtained from the majority of the employees subject to the flexible working hours system constitutes a written agreement with the employee representative? General status regarding introduction of the flexible working hours system ▲ Number of regular employees: 80 (Union members: 3) ▲ Number of employees subject to the flexible working hours system: 24 shift workers (Union members: 3, Non-union members: 21) ▲ Number of employees agreeing to implement the flexible working hours system: 21 (Non-union members) If the labor union, which does not represent the majority of employees, explicitly opposes the introduction of the flexible working hours system and there is no related provision in the collective agreement, can the flexible working hours system be implemented for union members against the union’s will? Relevant provisions in the collective agreement and employment rules ▲ There is no provision related to the flexible working hours system in the collective agreement. ▲ Article 53 (Work Types) of the collective agreement states work consists of general work and two types of shift work. Break times and work shifts may be adjusted within this scope according to company circumstances, and start and end times are as follows, subject to change in consultation with employee representatives: ① General work: Start 08:30, End 17:30 ② Shift work: Day shift (Start 08:30, End 20:30), Night shift (Start 20:30, End next day 08:30) ▲ Article 19 (Flexible Working Hours System) of the employment rules states: ① Despite Article 15, the company may implement a flexible working hours system on a 3-month basis only for shift workers. ② The workforce is divided into 4 teams of 6 members each, with shift schedules as per Appendix 1. ③ The company shall consult with employee representatives regarding the detailed rules for implementing the 3-month flexible working hours system and may amend these rules, which have the same effect as the employment rules.
218.Although the employer and employees have agreed on “criteria for creating the work schedule,” those criteria do not specify the “working days of the unit period and the working hours for each working day,” and different “working days and working hours for each working day” must be designated for each unit period. Given this, can it be considered that the written agreement requirement on “working days of the unit period and working hours for each working day” under Article 51, Paragraph 2, Subparagraph 3 of the Labor Standards Act (Flexible Working Hours System) is fulfilled simply because the employer and employees agreed on “criteria for creating the work schedule”?
217.According to the ○○○ Collective Agreement (February 1, 2008): Article 38 (Working Hours) ① The company implements a flexible working hours system with a unit period of 3 months for shift workers pursuant to Article 50 of the Labor Standards Act [currently Article 51]. However, ○○○ applies a unit period of 1 month. ② The validity period of the flexible working hours system shall last until the time it is revised by labor-management agreement, and the working days within the unit period and the working hours for each working day shall be separately determined in the employment rules. The ○○○ company’s collective agreement expired on May 1, 2008, and has lost effect, but a new collective agreement has not yet been concluded. (Inquiry 1) Although our union and the company introduced flexible working hours systems with 3-month and 1-month unit periods respectively, can the “1-month unit and 3-month unit flexible working hours systems” still be implemented without a separate written agreement between labor and management after the collective agreement expires on May 1, 2010? (Inquiry 2) If the working pattern is unilaterally changed, resulting in changes to the working days and working hours per working day, does this constitute a violation of the written agreement requirement for the flexible working hours system?
216.When a worker uses paid annual leave, the day of using paid annual leave is treated as paid, and for unused paid annual leave, compensation must be provided (unused annual leave allowance). Regarding the calculation standard for paid leave when a worker uses paid annual leave under a selective working hours system, Article 52, Item 6 of the Labor Standards Act and Article 29 of its Enforcement Decree stipulate that the employer and the employee representative may agree on the standard working hours. Is it possible for labor and management to agree on the “time the worker applies to work in advance” rather than a specific time (for example, the fixed daily working hours of 8 hours at a certain public institution)? That is, if labor and management agree as above, in the case where workers “A” and “B”—who have the following working patterns—take leave on Thursday, can the 12 hours of worker “A”’s Thursday annual leave be treated as paid, and when calculating the unused annual leave allowance, can 12 hours be deducted from the annual total of 120 hours (8 hours × 15 days), and similarly, for worker “B,” can 4 hours be treated as paid for Thursday annual leave, and only 4 hours be deducted from the annual total of 120 hours when calculating unused annual leave allowance? Worker “A”: Monday, Tuesday, Wednesday – 8 hours; Thursday – 12 hours; Friday – 4 hours Worker “B”: Monday, Tuesday, Wednesday – 8 hours; Thursday – 4 hours; Friday – 12 hours
215.Methods of providing rest breaks under Article 54 of the Labor Standards Act
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