Employers, in Korea, are in most cases required to grant annual paid leave to full-time and even part-time workers working in Korea-based companies. Exceptions to this Korean annual paid leave law exist for Korean workers that work, on average, less than 15 hours per week for these Korean-based companies.
Article 18 of the Korean Labor Standards Act notes that:
“(1) The terms and conditions of employment of part-time workers shall be determined on the basis of relative ration computed in comparison to those work hours of full-time workers engaged in the same kind of work at the pertinent workplace.”
However, annual paid vacation leave and other articles/obligations under the Korean Labor Standards Act do not apply to “workers whose contractual work hours per week on an average of four weeks (in cases where their working periods are less then four weeks, then, based on such period of work) are less than 15 hours (Korean Labor Standards Act. 18(3)).
Thus, an employer, in Korea, is not required to grant annual paid leave to workers that work, on average, less than 15 hours per week. Please check our other blog posts for updates on Korean Labor & Employment law via the links below or searching via the search box to the right or clicking on the Employment Law Label on the right.
Known for his proactive street-smart advice & non-conflicted advocacy, NY Attorney Sean Hayes works with leading retired Korean judges, prosecutors and experienced Korean attorneys in leading contentious and transactional matters in Asia. First non-Korean lawyer employed by the Korean Court System. SeanHayes@ipglegal.com
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