선택적 근로시간제의 적법한 도입과 활용에 관한 연구

Abstract

A various form of flexible working hours system has been getting attention as a way to respond to the 52 hours limited in a week as total amount of working hours. In particular, the industries such as software development industry and IP service industry attempt to actively utilize selective working hours system rather than discretionary working hours or flexible working hours in response to working hours regulation not exceeding 52 hours. However, such trend is a bit concerning as selective working hours system is intended to guarantee working hours sovereignty of employee by enabling employee to determine the starting and ending time of work. If this system is utilized for the purpose of overcoming challenges of working hours not exceeding 52 hours with a focus on managerial interests of employers, then essential purpose of this system, which is securing time sovereignty of employee, will be disregarded. Under such circumstances, there is a risk of encouraging long working hours while additional wage is not properly paid. Therefore, to successfully introduce and utilized the selective working hours system in accordance with its purpose, employer should be well aware of its purpose and guarantee the rights to determine starting and ending time of work by employee. To that end, employer should understand detailed standards prescribed in the Labor Standard Act and strictly comply with them. However, difficulties lie with the fact that the selective working hours system has been rarely employed and only few administrative interpretation and case laws that clarify legal requirements of this system exist. This is major obstacle in legitimately introducing and utilizing the selective working hours system. Being aware of such problems, this study aims to suggest solutions by reviewing several issues that have not been fully reviewed. The issues that this study will deal with are application and exclusion of the selective working hours system to individual employee, relations between rights to determine starting and ending time of work and work order, methods for calculation extended work.