SEOUL: Calculation of maximum weekly work hours, overtime provisions, and treatment of public holidays in South Korea are to change under amendments to the Labor Standards Act approved by the South Korean parliament Feb. 28. Under the amendments, a week is defined as seven days including holidays with a maximum workweek of 40 regular hours per seven-day week plus 12 overtime hours. Before the amendments take effect, the maximum allowable working time is 68 hours per seven-day week, with a maximum of 40 hours for the five working days and 16 hours for work over the weekend, plus 12 overtime hours.
Starting July 1, 2018, employers with at least 300 employees are to be required to abide by the revised maximum workweek. Employers with at least 50 employees and fewer than 300 employees are to be required to comply with the changes by Jan. 1, 2020. Employers with at least five and fewer than 50 employees are to be required to comply by Jan. 1, 2021.In South Korea, it has been expected that employees must be compensated for each overtime hour worked with their full hourly ordinary wage plus an additional 50 percent of that ordinary hourly wage, and the amendments clarified that this procedure must be nationally implemented.
With the exception of pregnant employees and female employees within a year after childbirth, South Korea does not impose a national limit on daily overtime for adult workers. Overtime exceeding 12 hours per week is allowed for employees working in some industry sectors if there is a written agreement between an employer and a representative of employees. Effective starting Sept. 1, 2018, the number of industry sectors for which overtime exceeding 12 hours per week is allowed is to be reduced to five, down from the existing 26 industry sectors.
Starting Sept. 1, 2018, the only sectors for which overtime exceeding 12 hours per week is to be allowed are to be land transportation, water transportation, air transportation, other transportation services, and health services.
