Recess and leave, etc.
Paid holidays- An employer must guarantee part-time employees an average of at least one paid holiday a week (Article 9(1) and subparagraph 4(a) of Attached Table 2 of the Enforcement Decree of the Labor Standards Act).
- The wages the employer must pay on the paid holiday of part-time employees are based on ordinary daily wages (Article 9(1) and subparagraph 4(d) of Attached Table 2 of the Enforcement Decree of the Labor Standards Act).
※ Ordinary daily wages shall be computed by multiplying a part-time employee’s contractual work hours per day (the hours derived by dividing contractual work hours over four weeks by the total contractual working days of a full-time employee during that period) by hourly wages (Article 9(1) and subparagraph 2 of Attached Table 2 of the Enforcement Decree of the Labor Standards Act).
Annual paid leave- An employer must grant part-time workers annual paid leave under Article 60 of the Labor Standards Act (Article 9(1) and the former part of subparagraph 2(b) of Attached Table 2 of the Enforcement Decree of the Labor Standards Act).
- Paid leave will be in hourly units calculated as below. Time less than one hour will be deemed one hour (Article 9(1) and the latter part of subparagraph 4(b) of Attached Table 2 of the Enforcement Decree of the Labor Standards Act).
※ The number of days in a full-time employee’s annual paid leave × (a part-time employee’s contractual work hours / a full-time employee’s contractual work hours) × 8 hours
- The wages an employer must pay for a part-time employee’s annual paid leave are based on hourly wages (Article 9(1) and subparagraph 4(e) of Attached Table 2 of the Enforcement Decree of the Labor Standards Act).
Exceptions to paid leave, etc.- Paid holidays and annual paid leave do not apply to ultra-part-time employees whose average contractual work hours over four weeks (if the employment is for less than four weeks, by that period) are less than 15 hours per week (Article 18(3) of the Labor Standards Act).
※ The annual paid leave provisions do not apply to businesses or workplaces that employ fewer than four employees (Article 11(2) of the Labor Standards Act; Article 7 and Attached Table 1 of the Enforcement Decree of the Labor Standards Act).
Menstrual and maternity leave- An employer must grant menstrual and maternity leave to female part-time employees. The wages the employer must pay in this event are based on ordinary daily wages (Article 9 and subparagraph 4(c) and (d) of Attached Table 2 of the Enforcement Decree of the Labor Standards Act).