Flexible work system
What is flexible work system?The term “flexible work system” refers to a flexible working system with flexible working hours and places.
Types of flexible work systems under the Labor Standards ActThe types of flexible work systems under the Labor Standards Act are as follows.
Flexible working hours: A flexible working system allows employees to work more than 40 hours in a specific week and 8 hours on a specific day, to the extent that average work hours per week during a certain unit period do not exceed 40 hours (see Articles 50, 51, and 51-2 of the Labor Standards Act).
√ Flexible working hours within 2 weeks: The period can be within 2 weeks according to the rules of employment (including those equivalents to the rules of employment), and in this case, the working hours of a specific week shall not exceed 48 hours (See Article 51 (1) of the Labor Standards Act).
√ Flexible working hours within 3 months: According to a written agreement between the employer and the representative of employees, the unit period shall not exceed 3 months. In this case, the working hours of a specific week shall not exceed 52 hours, and the working hours on a specific day shall not exceed 12 hours (see parts other than each Subparagraph of Article 51 (2) of the Labor Standards Act).
√ Flexible working hours exceeding 3 months: According to a written agreement between the employer and the employee’s representative, the unit period may exceed 3 months but not more than 6 months. In this case, the working hours of a specific week shall not exceed 52 hours, and the working hours on a specific day shall not exceed 12 hours (see parts other than each Subparagraph of Article 51-2 (1) of the Labor Standards Act).
√ Suppose the employer determines the payment settlement period to exceed 1 month. In this case, the employer shall take necessary measures, such as “granting more than 11 hours of rest during working hours” or “providing additional wages for working hours over a month” (refer to Article 52 (2) of the Labor Standards Act).
※ The employer must give the employee at least an 11-hour consecutive break at the end of a specific week or a specific day until the start of the next working day (refer to the Main Text of Article 51-2 (2) of the Labor Standards Act). However, suppose natural disasters or inevitable situations specified under Article 28-2 (2) of the Labor Standards Act occur. In this case, the employer shall comply with the conditions under the written agreement signed with the representative employee, if any (conditions of Article 51-2 (2) of the Labor Standards Act).
Selective working hours: Flexible working hours allow employees to determine the beginning and end of the work and the daily working hours in accordance with the rules of employment (see Article 52 of the Labor Standards Act).
√ According to the selective working time system, an employee may work more than 40 hours a week or 8 hours a day, to the extent that average work hours per week within 1 month (3 months in cases of research and development of a new product or new technology) do not exceed 40 hours (Articles 50 and parts other than each Subparagraph of 52 (1) of the Labor Standards Act).
√ When determining a period exceeding 1 month, the employer shall take measures such as “allowing at least 11 hours of rest for working days” and “payment of additional wages for excess working hours per month” (see Article 52 (2) of the Labor Standards Act).
Special cases for the calculation of working hours (work hours considered outside of the workplace): If it is impracticable to calculate the working hours the employees provide outside the place of business because of a business trip or other reasons, a flexible work system that is deemed to have worked will fix the working hours (see the main body of Article 58 (1) of the Labor Standards Act).
Discretionary work-hour system: A flexible work system in which the employer and the representative of employees have a written agreement on the work the method of which needs to be delegated to the discretion of the employee in light of the nature of the work (see Article 58 (3) of the Labor Standards Act).