The South Korean government is looking to update its laws to allow for more flexible working hours. However, the labor sector in the nation is opposing the government’s proposals by using extreme examples, leading to criticism.
Currently, South Korea legally limits the number of working hours to 52 per week. However, the government recognizes that this limit might be problematic for businesses, and therefore planned to revise it.
Despite this, the labor sector in Korea has consistently opposed the proposed changes by presenting extreme and unrealistic examples to argue against the government. They claim that the loopholes in the system could lead to working up to a maximum of 90.5 hours per week and 21.5 hours per day, which has been criticized by some as an exaggeration.
Last month, the Supreme Court ruled that the 12-hour limit for overtime under the 52-hour workweek should be calculated on a weekly basis. Previously, any work exceeding 8 hours per day was considered overtime and evaluated for legality. Since the Supreme Court gave a new decision, the 52-hour workweek can now be applied flexibly on a weekly basis instead of being restricted to a daily basis.
However, dispute over this decision is still on-going within the labor sector of the nation.
The Korean Confederation of Trade Unions criticized the decision, arguing that it could allow two consecutive days of working 21.5 hours each. As per the current labor standards, a maximum of 21.5 hours of work per day is possible if only the mandatory 30-minute break every four hours is applied.
If this logic is followed, working 21.5 hours for two days would amount to 43 hours per week. According to the Supreme Court’s decision, only 3 hours beyond the standard 40-hour workweek are recognized as overtime, so this would not constitute a violation (exceeding 12 hours).
On the other hand, if the previous standard of calculating overtime based on the excess of 8 hours per day were used, it would result in 13.5 hours of overtime in a single day, constituting a violation.
There has been considerable criticism that the logic of the Korean Confederation of Trade Unions is unrealistic. Many argue that the examples presented by the Confederation are not only impractical but also greatly exaggerated.
An official from the Ministry of Employment and Labor has stated that it is practically impossible for someone to work two consecutive 21.5-hour days. This is because, without taking into account the time spent commuting, a person would have to spend a full 24 hours at their workplace to accomplish 21.5 hours of work. While it is possible to work up to 20 hours a day under the current 52-hour workweek system, this is not considered an ‘overnight labor system’.
A labor attorney mentioned, “Under labor law, if overtime work exceeds 8 hours a day or occurs on weekends, it must be compensated at 1.5 to 2.5 times the normal rate,” adding that “this poses a burden for many businesses.”
The labor sector has a history of exaggerating working hours. During the government’s inauguration, they claimed that one can work up to 90.5 hours per week when attempts were made to revise the work hour system.
This calculation seems unrealistic as it involves working seven days a week, starting from midnight on the first day, which is not feasible according to current laws that primarily consider a six-day workweek. Later on, they revised their claim stating that one can work up to 69 hours a week, but it’s difficult to find any real examples of such cases.
A government official stated, “The labor sector has made claims of working 69 hours per week and 21.5 hours per day, but there are no specific examples of such working conditions,” adding that “it’s an extreme calculation that is made only to oppose the labor reform.”
