Restriction on nighttime and holiday work
Restriction on nighttime work and holiday work without consent
- Employers at businesses or workplaces in which not less than five employees are regularly employed, and who intend to have women of 18 years or over work during the hours of 10:00 p.m. to 6:00 a.m. and on holidays shall obtain the employees' consent. (Article 70(1) and Article 11(1), 「Labor Standards Act」)
- In the event that an employer violates the foregoing, he or she shall be liable toimprisonment with labor for not more than two years or to a fine not exceeding 20 million won. (Subparagraph 1, Article 110, 「Labor Standards Act」)
Work restrictions for female workers
Prohibition of work in hazardous environments
- Employers, businesses or workplaces at which not less than five employees are regularly employed shall not employ women of 18 years or over who are pregnant women or nursing mothers in any work that may be harmful or dangerous to the functions of pregnancy or delivery from among those detrimental or dangerous to health. (Article 65(2) and Article 11(1), 「Labor Standards Act」)
Prohibition of work inside a pit
- Employers shall not require or compel a woman to do any work inside a pit. However, the jobs for which women may be assigned temporarily to work inside a pit. (Article 72, 「Labor Standards Act」 and Article 42, Enforcement Decree of the Labor Standards Act」)
1. Health, medical or welfare work.
2. Reporting and coverage for newspapers, publications, and broadcast program production, etc.
3. Investigation work for academic research.
4. Management and supervision duties.
5. Practice work in fields related to the foregoing 1 to 4.
- In the event that an employer violates the foregoing, he or she shall be liable to imprisonment with labor for not more than three years or to a fine not exceeding 30 million won. (Article 109, 「Labor Standards Act」)
Menstrual leave system
Application for menstrual leave
- All businesses or workplaces in which not less than five employees are regularly employed shall, when any female employee files a claim for menstrual leave, grant her one day of menstrual leave per month. (Article 73 and Article 11(1), 「Labor Standards Act」)
- An employer who violates the foregoing shall be liable to a fine of not exceeding 10 million won. (Subparagraph 1, Article 114, 「Labor Standards Act」)
Infertility treatment leave system
Application for infertility treatment leave
- Employers must grant up to six days of leave per year to employees undergoing infertility treatments such as artificial insemination or in vitro fertilization (IVF). The First two days of leave must be paid. However, if granting leave on the requested date would cause significant disruption to business operations, the employer may discuss with the employee to reschedule the leave (Article 18-3(1), 「Equal Employment Opportunity and Work-Family Balance Assistance Act」).
- Employers who fail to grant infertility treatment leave may be subject to a fine of up to 5 million won (Article 39(3)(3-2), 「Equal Employment Opportunity and Work-Family Balance Assistance Act」).
- Employers must not dismiss, discipline, or impose any disadvantageous treatment on an employee for taking infertility treatment leave (Article 18-3(2), 「Equal Employment Opportunity and Work-Family Balance Assistance Act」).
- Employers must not disclose any information they learn while processing an infertility treatment leave request to others without the employee’s consent (Article 18-3(3), 「Equal Employment Opportunity and Work-Family Balance Assistance Act」).