On the afternoon of July 2, 2018, the first Monday of the 52-hour working week system, employees are leaving on time at the headquarters of an e-commerce company, WeMef, located in Gangnam-gu, Seoul. yunhap news
From the 6th, the unit (settlement) period for the flexible working hour system and the selective working system will be extended. The unit of the flexible work system is 3 to 6 months, and the settlement period for the optional work system is 1 to 3 months. This is a supplementary measure taken when the industrial site was shocked after the maximum 52-hour working-hour system per week went into effect in July 2018.
Q&A to expand flexible and selective labor
The Ministry of Employment and Labor announced the enforcement of the revised Labor Standards Act, which includes measures to secure workers’ health rights along with supplementary measures such as expanding the unit period of the flexible work system on the 6th. The contents are summarized in Q&A.
- What is the difference between the flexible work system and the selective work system?
- Both are flexible working hours management systems.
The flexible working system is a system in which working hours are adjusted according to the amount of work for a certain period of time. When the order quantity is high, they work a little longer, and when the order quantity is small, the working hours are shortened or they take a break. This means that it is legally allowed to work more than 52 hours per week when the workforce increases. However, the average maximum working hours per week during the period (unit period) in which the flexible work system is applied cannot exceed 52 hours. Previously, the unit period for calculating the average working hours per week was 3 months. This unit period is increased from 6 days to 6 months. You can flexibly adjust working hours according to the workload for 6 months.
When implementing the flexible working system, the employer has the right to adjust working hours. This means that management considers order volume and seasonal demand to determine whether more work is needed or can be reduced. However, it is not possible to do what the user wants. It must be agreed in writing with the employee’s representative. If it is within 2 weeks, it is possible with the employment rules.
Selective work system There is no difference from the flexible working system in that working hours are flexibly adjusted. but Workers, not employers, have the right to choose working hours. Autonomous adjustment and determination of the number of hours a worker worksMeans. It is suitable for workers engaged in creative and continuous work such as software development, office management, research and development, design, and design. It doesn’t matter if you immerse yourself in more than 60 hours a day to do research or design work, and take a break or shorten your working hours after taking some breath. The decision-making power rests with the worker. Therefore, the selective labor system is not suitable for work with a strong collective and collaborative nature such as the manufacturing process.
The settlement period for the elective work system is increased from 1 month to 3 months from 6 days. This means that workers can adjust their working hours so that they do not exceed an average of 52 hours per week within the maximum range of 3 months.
- What are the overtime, nighttime and holiday allowances?
- Additional allowances must be paid for work exceeding the legal working hours. do. It is not related to the average working hours according to the implementation of flexible or selective work. This means that if overtime work occurs, even if the working hours are reduced later, the amount of overtime work should be compensated with an additional allowance. Violation of this will result in a sentence of up to 3 years in prison or a fine of up to 30 million won.
- Wouldn’t the wage cut effect in the end if the employer cuts the wage excessively when the working hours are shortened due to the burden of the additional allowance?
- When introducing the flexible work system or the selective work system, the employer You must prepare a wage preservation plan and report it to the Ministry of Employment. do. The method of adjusting or establishing wage items and paying additional wages should be included. This is a measure to prevent wages from falling. Failure to report the wage preservation plan will result in a fine of 800,000 to 3 million won. However, if a wage-related plan is separately prepared through written agreement with the employee’s representative, the duty to report is not given.
- Working for a long period of time for a certain period of time can deteriorate your health.
- The revised Labor Standards Act It is mandatory to guarantee 11 consecutive hours of rest between working days.I’m doing it. This means that you can take 11 hours of unconditional rest after work and before you start working again. This is a measure to ensure that workers’ right to health is not violated.
- Do you always give 11 hours of rest time?
- When special extended work is permitted, an 11-hour mandatory break is an exception. ▶When a disaster occurs or urgent measures are needed to recover or prevent an accident.▶Urgent work to protect human life or to secure safety. ▶ If the Minister of Employment deems it necessary to strengthen national competitiveness, you can apply for special extended work to the Ministry of Employment. In July 2019, when Japan controlled exports of some high-tech materials to Korea, the Ministry of Employment and Employment granted permission for special extended work in the R&D industry in order to localize related materials early. However, even if special extended work is performed, it should not exceed 12 hours per week. Exceptionally, no longer than 12 hours should not last for 2 consecutive weeks.
- Sales workers often work outside, how do you calculate working hours?
- In the case of frequent sales, after-sales service (AS), and business trips, they work outside the workplace. In this case, it is difficult to calculate working hours. In this case, you can use the deemed working hour system. It is a system in which predetermined working hours and normal working hours required for job performance are calculated in advance, and those hours are considered as worked even if they are not in the company. Worker representatives and employers must agree in writing.
Staff Reporter Kim Ki-chan [email protected]
