Wage Premiums for Night and Shift Work in South Korea

Under the Labor Standards Act, employers are required to pay a wage premium of 50% for the following:

• Extended Shifts: Any work beyond the standard working hours.

• Night Shifts: Work performed between 10 p.m. and 6 a.m.

• Public Holidays and Sundays: Any work done on these days is also subject to the wage premium.

Special Provisions for Female Employees and Minors

The Act includes specific protections for female employees and minors regarding night and holiday work:

• Consent Requirement for Women: Employers must obtain consent from women aged 18 and older for night work.

• Restrictions for Pregnant Women and New Mothers: Employers are generally prohibited from scheduling pregnant women, women who have given birth within the last year, or minors (under 18) to work during night shifts and holidays. Exceptions are made only with approval from the Minister of Employment and Labor or under certain conditions:

• Guardians of minors under 18 provide conse­nt.

• Women who have given birth within the past year provide consent.

• Pregnant women make a clear request to work.

Approval Process from the Minister of Employment and Labour

Employers must seek approval from the Minister of Employment and Labor to schedule night or holiday work for protected employees. Prior to this, employers must engage in good faith consultations with the employee’s representative i.e. their trade union. This consultation aims to evaluate whether the approval request from the Minister of Employment and Labour is in the best interest of the employee's health and maternity protection.

Implications for employers in South Korea

Employers must navigate these regulations carefully, especially concerning the employment of women and minors for night work and holiday shifts. These regulations emphasise the importance of protecting employees' health and well-being, particularly for those in vulnerable groups.