The recent Moon Administration is making drastic changes to Korea’s Employment & Labor Law. A prior article on promises made by the Moon Administration was posted earlier in the year. Two interesting changes relate to “Subfertility Leave” and “Childcare Leave.” We shall be updating the reader over the next couple weeks on numerous other issues that are important for employers and employees to understand about Korean Employment & Labor Law. Check back often and subscribe via the link to Right.
Fertility Leave Law in Korea
Employees facing fertility issues may receive three days off per year with one of these days off being a paid day off – exceptions, however, exist. This amendment shall, likely, come into effect from May of 2018.
Childcare Leave Law in Korea
The present childcare leave law, in short, provides 40% of the regular salary in leave up to a maximum of KRW 1 million/month. The amended childcare leave law increases the amount of compensation for the first three months of leave to 80% of the regular salary up to KRW 1.5 million/per month (Article 95(1) Korea Labor Standards Act). Additionally, the law, in many cases, extends childcare leave benefits to fixed-term workers (Article 95(4) Korea Labor Standards Act). The law should be fully enacted by September of 2018.
Article 60(6)(3 of the Korean Labor Standards Act, additionally, mandates that the childcare leave period shall be considered as days worked for calculating annual leave. Thus, upon return from childcare leave, the employee, is entitled to annual leave based on time the employee was on childcare leave.
Please check back often, we are posting numerous updates on Korean Employment & Labor Law over the next couple of weeks.
For an interesting article on fertility please see: https://www.invitra.com/en/infertility-and-sterility/. The photo is from the article and is reproduced with permission of the site.
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- IPG’s Korean Employment & Labour Law Chapter in Global Legal Insights 2018
- What Do You Need To Know About Severance Pay in South Korea?
- Terminate/Layoff an Employee in Korea: Terminating an Employee in Korea
- Korean Workplace Discrimination Laws
- Wrongful Termination in South Korea
- Non-Registered Company Director (Executive Director/Senior Managerial Worker) in Korea deemed Employee under Korean Labor & Employment Law
- Doing Business in Korea: The Korea labor market under the Moon administration