HOT ISSUE: 40 hours working time starts July 1, 2011

Ito ay mga Labor Standards at EPS Updates kung saan nilabas ang 40 hours working schedule



Labor Standards dated 2010-12-10

Topic on 40 hour workweek system to apply further to workplaces with 5 ~19 workers

Work hours to be reduced to improve productivity and quality of life. Starting from 1st July 2011, 40-hour workweek will be further extended to apply to workplaces hiring 5 or more but less than 20 employees. The Ministry of Employment and Labor announced on 5 October 2010 its plan to revise the enforcement ordinance of the Labor Standards Act. 40-hour workweek has been under implementation since 1st July 2004 firstly applying to workplaces hiring 1,000 or more employees as well as finance and insurance businesses and public institutions. It has gradually expanded its coverage and currently it applies to workplaces with 20 or more employees. It was introduced to reduce statutory work hours from 44 to 40 in a view to enhance quality life of workers.

Upon the revision of the enforcement ordinance, around 2 million workers of 300,000 workplaces hiring 5 or more but less than 20 employees will be covered by the workweek. However, it will not apply to workplaces with less than 5 employees as work hour and leave-related regulations of the Labor Standards Act are not applicable for them.

The Ministry of Employment and Labor estimates when the 40-hour workweek system is applied to the workplaces hiring 5 or more but less than 20 employees, Korea�s work hours, which are the longest among the OECD countries, would decrease substantially. Also it expects that productivity at workplaces and quality life of workers would improve.
As for the worry for additional labor costs for small businesses, the Ministry expects that decrease in additional allowance for overtime1, repeal of monthly leave and paid menstrual leave would deflate the burden for additional labor costs.

On the other hand, the Ministry considers that for the businesses hiring less than 20 employees can suffer difficulties in introducing the 40-hour workweek system as they are not familiar with related labor laws. So, it will hold education, PR and consulting programs in cooperation with business owners of targeted areas with many applicable workplaces so that the system can take firm root.

---------------------------------------------------------------------------------------------------------

EPS News dated last 2010-12-05

Topic In case of Saturday work under 40 hour work week system, holiday work allowance

ㅇ In case workers do not work on Saturday under the five-day workweek in which statutory working hours are reduced to 40 hours per week, Saturday is naturally considered a holiday or non-working day. In this case, Saturday is an unpaid, non-working day unless otherwise agreed upon by labor and management.
In such a case, if the employer gets his/her employee to work on Saturday, the employee will not be paid holiday allowances, but if his/her weekly working hours exceed 40 hours, will be paid overtime allowances.

--------------------------------------------------------------------------------------------------------

Labor Standards dated last 2010-12-29

Topic After changing 44 work-hour week system into 40 work-hour week system, when the number of workers is reduced due to economic reason, etc, does the legal application still remain effective?


For legal security and protection of reliability, the 40 work hour system remains effective.

------------------------------------------------------------------------------------------------------------

Labor Standards dated 2010-12-29

Topic Legal characteristics of saturday under 40 work week system(5 work day week system)

If there is no agreement between labor and management about saturday, saturday is unpaid duty off day, not holiday.

o So, for saturday working, the company pays extended work allowance additionally in the case of work in excess of legal working hours(40 hrs a week)

ex) under 40 work hour week system, in case of a worker who was absent on Tuesday works and worked on saturday for 5 hours,

->The total work hours of the concerned week is less than 40 hours, an employer can pay wages for actual working hours without extended work allowance.



Source: http://www.moel.go.kr/english
--> on 40 hours working schedule

----------------------------------------------------------------------------------------------------------


Ito po ang mga kasagutan sa inyong mga katanungan tungkol sa pagpapatupad ng 40 hours

working schedule para sa lahat hindi lamang sa mga foreign workers (EPS) pati na rin sa mga

Koreans. Ang mga impormasyon na ito ay base sa pakikpanayam namin ng boss ko at sa

labor Office hinggil sa nasabing 40 hours working schedule simula july 01, 211

. --- dated July 1, 2011

Basic Pay - 4, 320 won per hour OT pay (basic pay * 1.25) - 5, 400 won per hour


Night Differential is 4, 320 * 0.5 and/or ( 2160 from 10pm-6am )

2 , 160 won * 8 hours =17 280 in 8 hours



In one week, regular days without overtime

(regular weekdays basic pay / hour * 8 hours/ day) * 5 days = 172, 800 in one week

( 172, 800 in a week * 4 weeks in a month ) = 691, 200 won in a month with only 40 hours


In overtime work

**ang overtime pay na po is 1.25 (like 4 320 basic pay per hour * 1.25) sa walong oras na

work ay 5, 400 per hour...

**ang overtime sa weekdays ay mula natapos ang 8 hours, ang oras na ito ay overtime pay

na,subalit iba dito ang night differential kung saan nagsisimula sa 10 pm to 6 pm..

**ang overtime din ay pag pumasok sa sabado, at itoy 8 hours work * 1.25, ang 1.25 ay

bago na pong rate simula ngun july 1, 2011, na di tulad ng nauna na 1.50 rate.


** subalit sa ibang company kung dati may work ang sabado,ang ginagawa ay distribute

nila sa lahat ng weekdays ung 8 hours work para maging OT parin...

Subalit ang sabado ay walang pasok, kung papasok man kayo depende narin sa company

ito, kung ay papasok sa sabado itoy magiging Overtime, ngunit no work no pay ang policy sa

sabado..

** sa ibang company naman, kahit hindi sila pumasok sa sabado, nagbibigay ng company ng

70 % or 100% full basic salary pay, NGUNIT WALA ITO SA CONTRACT, ibig sabihin sa

company mismo..

** sa 40 hours working sched, tinanggal na po ang Monthly allowance or Wolcha... ang wolcha

ay nsa batas ng labor kung saan binibigay ito sa lahat ng workers kung saan wala kang

absent sa isang buwan, at ito po ay tinanggal na..

** sa pagtanggal ng wolcha na nsa batas ng labor dati,isa pa din dito ang Nyeon cha or yearly

allowance kung saan makakatanggap ang bawat workers ( ang nyeon cha ay ang kabuuang

15 days / year na kung saan wala kang absent, ang nyeon cha ay nsa batas ng labor law.

Ang ju cha o weekly allowance ay WALA sa labor kundi nsa jurisdiction lamang ito ng bawat

company

** at ang mga bunos namn ay wala sa LABOR law, kung saan sa company lang ito galing

o nagbibigay para sa workers...galing ang pay na ito.


Maraming Salamat po, at sana maliwanagan ang lahat tungkol sa 40 hours work sked..

sori po mejo naguluhan aq dito
"In one week, regular days without overtime

(regular weekdays basic pay / hour * 8 hours/ day) * 5 days = 172, 800 in one week

( 172, 800 in a week * 4 weeks in a month ) = 691, 200 won in a month with only 40 hours


ang ibig po bang sabihin na ang magiging basic salary n nmen in a month ay 691,200 won?

dati po kasi ay 976,320 akala ko po kung aalisin lang ang 4 saturdays ay nsa halos 907,200 won parang katulad lang po sa monthly basic pay ng 40/hr.
parang sobra nman po ang binaba na parang kahit mag overtime kame ng 16 hrs kapalit nung sabado na hindi nmen pinasok hindi pa rin ito aabot sa dating basic na 976,320 won...

pls clarify thank u so much...

tama naman po......so samin na basic na 976320..e di bababa na rin po pag punta po sa sabado na walang pasok.....at ang computation ng overtime is 1.25 na lang....parang ang baba naman po ngayon kung ganon mangyayari.....at sa lahat na rin mga overtime kahit weekdays ganun na rin....mababa na po yun lalo't family business pa ang company....

patay na po yun....

tanong lng po!mababawasan po ba yung basic salary namin na 902880 won,bale 209 hours!magulo kc eh!

gilda_esguerra wrote:sori po mejo naguluhan aq dito
"In one week, regular days without overtime

(regular weekdays basic pay / hour * 8 hours/ day) * 5 days = 172, 800 in one week

( 172, 800 in a week * 4 weeks in a month ) = 691, 200 won in a month with only 40 hours


ang ibig po bang sabihin na ang magiging basic salary n nmen in a month ay 691,200 won?

dati po kasi ay 976,320 akala ko po kung aalisin lang ang 4 saturdays ay nsa halos 907,200 won parang katulad lang po sa monthly basic pay ng 40/hr.
parang sobra nman po ang binaba na parang kahit mag overtime kame ng 16 hrs kapalit nung sabado na hindi nmen pinasok hindi pa rin ito aabot sa dating basic na 976,320 won...

pls clarify thank u so much...

same questions..up ko lang to..

976,320 - 691,200 ======285,120won laki ng nawala tsk! tsk! tsk!...yan ung kapalit n wala tayong pasok ng saturday, ibig svhin 71,280won/ saturday...whaaaaaaaaa...., kawawa nmn c JUAN.....pumangit n sistema ah...kahit mag 16 hrs p tau s work., ala choice labor rules nila yan.

gilda_esguerra wrote:sori po mejo naguluhan aq dito
"In one week, regular days without overtime

(regular weekdays basic pay / hour * 8 hours/ day) * 5 days = 172, 800 in one week

( 172, 800 in a week * 4 weeks in a month ) = 691, 200 won in a month with only 40 hours


ang ibig po bang sabihin na ang magiging basic salary n nmen in a month ay 691,200 won?

dati po kasi ay 976,320 akala ko po kung aalisin lang ang 4 saturdays ay nsa halos 907,200 won parang katulad lang po sa monthly basic pay ng 40/hr.
parang sobra nman po ang binaba na parang kahit mag overtime kame ng 16 hrs kapalit nung sabado na hindi nmen pinasok hindi pa rin ito aabot sa dating basic na 976,320 won...

pls clarify thank u so much...

kabayan,


in regular weekdays basic pay /hour * 8 hours/day) * days = 172, 800 in 1 week

ito ay computation lang ng walang OT, ito ay 8 hours per day times in 5 days..

ang apat na sat ay mawawala before ang 4 hours sa umaga from 8 am to 12 is basic pay

and 1 pm onwards palang ang OT. NGUN po whole saturday is OT...

ang sabado (whole day ) will be overtime..

mga kabayan,

ito po ay paglilinaw po, ito po ay base sa panayam namin ng boss ko sa labor office...

para po sa inyong mga katanungan, maari po lamang na tawagan ang malapit na labor

office sa inyong lugar or kaya po sa NLCC...

Do you need any information on Korean Labor Laws and practices?
Please feel free to use this bulletin board. We will answer your questions properly as soon as possible.
For Workers : Call 031-345-5000(English #1, Chinese #2)
For CEOs : Call 031-345-5200

By National Labor Consulting Center

40-hour workweek to apply to workplaces with fewer than 20 employees from July 1, 2011


The 40-hour workweek will apply to workplaces with 5~20 employees from July 1, 2011.


The Ministry of Employment and Labor (MOEL) said that an amendment to the Enforcement Decree of the Labor Standards Act, containing these provisions, had been approved and confirmed at the cabinet meeting on December 21, 2010.


With the application of the 40-hour workweek to workplaces with fewer than 20 employees, the process of introducing the 40-hour workweek, which has been brought into force in stages since it first applied to workplaces with 1,000 or more employees on July 1, 2004, has been concluded.







Target workplaces
Workplaces with 1,000 or more employees
300?-1,000 employees
100-300 employees
50-100 employees
20-50 employees
5-20 employees

Date of introduction
Jul. 1, 2004
Jul. 1, 2005
Jul. 1, 2006
Jul. 1, 2007
Jul. 1, 2008
Jul. 1, 2011



* On Jul. 1, 2004, the 40-hour workweek was introduced in financial and insurance businesses, government-invested institutions, local public companies and corporations, public institutions, etc.


The number of workplaces with 5~20 employees, newly required to introduce the 40-hour workweek, is estimated to be 300,000 where a total of over two million employees are working.


* Since workplaces with fewer than five employees are not subject to the provisions of the Labor Standards Act concerning working hours and leave, the 40-hour workweek does not apply to them.


However, applying the 40-hour workweek to workplaces with fewer than 20 employees dose not necessarily mean that these workplaces must implement a five-day work week. They may introduce a six-day, five-day or four-day work week unless working hours do not exceed 40 hours a week.


In addition, it is possible to ask workers to work up to 16 overtime hours a week under labor-management agreement for three years after the introduction of the 40-hour workweek, and up to 12 overtime hours a week thereafter.


Along with the implementation of the 40-hour workweek, the working hour and leave system will be changed accordingly. Monthly leave will be abolished, and menstruation leave made unpaid. And the method of calculating annual leave will be changed. Instead of earning 10 days of annual leave after his/her first one year of service and accruing one day of leave for every year of service thereafter, an employee will be entitled to 15 days of annual leave after completing his/her first year of service, and accrue one day of leave for every two years of service thereafter.


Meanwhile, since 2004, MOEL has introduced the 40-hour workweek on a phased basis depending on size of workplace, and provided ?working hour reduction subsidy for SMEs' if a workplace voluntarily reduces working hours at least six months before the effective date of the law. However, that subsidy will expire at the end of this year as the 40-hour workweek will apply to workplaces with fewer than 20 employees from July 1, 2011.


When the 40-hour workweek is implemented, work arrangements, employment rules, employment contracts, leave systems, etc., need to be changed accordingly, In this respect, workplaces with less than 20 employees, which are not familiar with labor laws, may face difficulties in introducing the 40-hour workweek.


Under the circumstances, MOEL, in cooperation with employers' organizations, etc., plans to hold information sessions all around the country in 2011 to educate these workplaces in matters they should consider when introducing the 40-hour workweek. It will also provide online education to workplaces unable to participate in such information sessions.


MOEL will also set up a counseling center which provides counseling on the phone, via the Internet, or in person with regard to questions arising from the introduction of the 40-hour workweek.


Jeong Hyun-ok, Director-General of the Labor Standards Bureau, MOEL, said, "Korea still has the longest working hours among OECD countries. But once the 40-hour workweek is fully implemented, consequent shorter working hours are expected to greatly improve productivity and workers' quality of life."


"There is concern in some quarters that the 40-hour workweek could increase the burden of labor costs on small workplaces with less than 20 employees, but in practice, it will not cause a heavy burden given the reduction in the overtime rate, the abolition of paid monthly and menstruation leave, and so on." she added.


* Rate of extra pay for overtime work (overtime rate) : For three years after the introduction of the 40-hour workweek, the rate of extra pay for the first four hours of overtime worked can be lowered from 50% to 25%. * About 80% of workplaces introducing the 40-hour workweek saw either no change or a fall in the total monthly wages of their workers (Survey by the Korea Certified Public Labor Attorneys Association, 2008).


http://www.moel.go.kr/english/topic/working_view.jsp?&idx=702

ung samin kaya poh,,panu un?since dumating kme ng korea last may 18,,wala poh kme pasok every sat talaga kc almost 100+ kme sa company,,4 lang kme filipino tapos puro koreans na mga ajuma at agosshi na..ano kaya poh un,,ung minimum nmn 976,320 mababawasan din?or ndi nmn poh..thanks!

di pala kmi kasali dyan!lampas kmi sa 20,tama po ba?

tanong lang pag pumasok ka po ba ng lingo at fulltime ka ilan po kaya nun bayad nun tuwing lingo kase pinagfufulltime kami ang gulo namn ng pay slip namin diko maintindihan kase korean din nakasulat >.>.

eh kami suko na sa ot eh..sbado at linggo ba nman..araw-araw pa o.t.

ako nga ok na sana sa akin 16 hours ang nakakasuklam 24hours ako pag lingo at chugan ako yagan chgan kase kami tapos busy pa company kaya bawal magabsent huhu

dpo b 902kwon plus basic pag 40hrs a week? saka ung overtime ba 5,400 nlng ba? khit ung mon-fri 5,400 nlng b kabayan?

arnold23 wrote:dpo b 902kwon plus basic pag 40hrs a week? saka ung overtime ba 5,400 nlng ba? khit ung mon-fri 5,400 nlng b kabayan?

same question po sori sobra pong nlito aq un po bang 5400 eh overtime rate lang para sa saturday at un mon to fri eh same as 6480? cncia n po ah mejo lito lang tlga pra if ever pasahurin kme alam ko sasabihin ko sa samonim nmen thank u so much..

O.T. PO AY 7.2/HR BASIC IS 930.000 UN PO ANG PAGKAKAALAM KO KC UN KC SA AMIN D2..

dailen wrote:O.T. PO AY 7.2/HR BASIC IS 930.000 UN PO ANG PAGKAKAALAM KO KC UN KC SA AMIN D2..

ai parang mejo mataas po nsa minimum lang po ang sweldo nmen..bka nde kme ganyan nwey tnx po s info...

IBIG SABIHIN PO BA KAPAG NATAPOS CONTRACT U SA COMPANY, YUNG TIJIKOM NA MAKUKUHA AY IBA PA SA NYEON CHA? BALI 2 PO PLA MAKUKUHA SA COMPANY? TIJIKOM AT NYEONCHA?