근로시간 단축 및 휴가제도 개선의 주요 내용과 쟁점

Abstract

The statutory working hours will be reduced from 44 hours to 40 hours a week. If so, what is the statutory meaning of Saturdays? The reduction of the statutory working hours does not mean that Saturdays automatically become holidays. Exclusion of Saturdays from working days does not guarantee that Saturdays are the paid holidays. According to the Article 54 of the Labor Standards Act, employers are obligated to provide one-day paid holiday per week. The leave system will be improved and adjusted in accordance with the international standards. The Monthly Leave is to be abrogated and the Annual Leave will be adjusted 15~25 days a year and addition of one day per 2 years, and to the workers whose servicing years are less than one year, one day leave per month will be provided. Employers will be exempeted from obligation to compensate in cash for the leave days unused by employees despite their active recommendations for the use of leave days. The leave day use rate needs to be raised through changes the current practice where employees use leave days to reserve money rather than original purpose. Measures are provided to relieve employers from obligation to compensate in cash for unused leave days, in cases where employees do not use leaves despite active encouragement by employers to do so, but at the same time to prevent possible misuse of the system. The Amendment provides that an employer may replace wages for the overtime, night and holidays works of an employee, with leave days equivalent to the amount of wages for te working hours the employee worked, upon written agreement with a representative of employees.