Restrictions on overtime, etc.
Restrictions on overtime- An employer seeking to have a part-time employee work in excess of contractual work hours must obtain the employee’s consent (the former part of Article 6(1) of the Act on the Protection of Fixed-Term and Part-Time Employees)
- An employer may not have a part-time employee work in excess of 12 hours in a week even with the employee’s consent for overtime (the latter part of Article 6(1) of the Act on the Protection of Fixed-Term and Part-Time Employees).
- An employer must additionally pay at least 50/100 of the ordinary wages for the overtime to which the part-time employee consented (Article 6(3) of the Act on the Protection of Fixed-Term and Part-Time Employees).
- Notwithstanding the above provision, an employer must additionally pay the employee at least the amounts according to the following standards for holiday work (Article 56(2) of the Labor Standards Act).
· Holiday work of up to eight hours: 50/100 of ordinary wages
· Holiday work in excess of eight hours: 100/100 of ordinary wages
※ At least 50/100 of ordinary wages must be additionally paid to the employee for nighttime work (work between 10 in the evening and 6 in the morning of the following day) (Article 56(3) of the Labor Standards Act).
- An employer seeking to have a part-time employee work on a day that is not a contractual working day or work in excess of contractual work hours must state the details and extent of such in the employment contract or employment rules etc. If additional wages are to be paid for overtime, the payment rate must be stated (Article 9(1) and subparagraph 3(a) of Attached Table 2 of the Enforcement Decree of the Labor Standards Act).
※ The foregoing provisions do not apply to businesses or workplaces that regularly employ four or fewer employees (Article 3(2) of the Act on the Protection of Fixed-Term and Part-Time Employees; Article 2 and Attached Table 1 of the Enforcement Decree of the Act on the Protection of Fixed-Term and Part-Time Employees).
Refusal of overtime- A part-time employee may refuse overtime for which the employer has not obtained consent (Article 6(2) of the Act on the Protection of Fixed-Term and Part-Time Employees).
Sanctions for violation- An employer who had a part-time employee work overtime without obtaining consent or had a part-time employee work in excess of 12 hours in a week even with consent is subject to a fine of no more than KRW 10 million (Article 22 of the Act on the Protection of Fixed-Term and Part-Time Employees).