Working Hours in Korea
Limits, Exceptions, and Flexible Work Arrangements
Understanding Working Hours Under Korean Law
Under Korean labor law, standard working hours are 8 hours per day and 40 hours per week. Employees may generally work up to 12 additional hours of overtime per week, resulting in a maximum 52-hour workweek. Different rules may apply where a statutory exception or flexible working hours system is applicable.
Working hours refer to the period during which an employee is under the direction and supervision of the employer. Accordingly, rest periods such as lunch breaks are not considered working hours. Whether a period qualifies as working hours is determined regardless of its label. Even if a period is called a rest period or waiting time, it will still be regarded as working hours if the employee cannot use it freely and remains under the employer’s control and supervision.
What Are the Standard Working Hours in Korea?
Under the Labor Standards Act (LSA), the standard working hours in Korea are 8 hours per day, and 40 hours per week. Employees must be provided with a rest period of at least 30 minutes for 4 hours of work and at least 1 hour for 8 hours of work. In practice, many companies in Korea provide a one-hour lunch break as part of the statutory rest periods. Excluding rest periods, any work in excess of 8 hours per day or 40 hours per week must be compensated with overtime pay at a 50% premium.
What Is the 52-Hour Workweek in Korea?
There is a limit on overtime work: it cannot exceed 12 hours per week. In other words, the total weekly working hours cannot exceed 52 hours. If the total weekly working hours exceed 52 hours, the employer may be subject to criminal penalties, even if such overtime was mutually agreed upon.
For details on how to determine whether the 52-hour weekly limit has been violated, please refer here.
Flexible Working Hours Systems in Korea
While the 52-hour weekly limit serves as a fundamental rule under the LSA, the Act also recognizes that it may not be feasible to apply this rule uniformly in all circumstances. To address such situations, the LSA provides various flexible working hours systems, which allow working hours to be calculated and managed on an alternative basis, provided that the average weekly working hours do not exceed 52 hours and that the applicable statutory requirements are met. These include:
To introduce such a flexible working hours system, the employer must enter into a written agreement with the employees’ representative on matters prescribed by law. Some systems may be introduced only if the nature of the work or the industry meets specific legal conditions. Once a flexible working hours system is lawfully implemented, the employer is not required to pay overtime compensation even if employees work more than 8 hours a day or 40 hours a week, and exceeding 52 hours in a particular week will not constitute a violation of the law.
Exceptions to Working Hour Limits in Korea
The 52-hour weekly limit may be subject to exceptions under the following circumstances:
Frequently Asked Questions
What are the standard working hours in Korea?
Under Korean labor law, standard working hours are 8 hours per day and 40 hours per week, excluding rest periods. Work beyond these limits generally constitutes overtime work.
What is the maximum number of hours an employee can work per week in Korea?
Employees may generally work up to 12 hours of overtime per week in addition to the standard 40 hours, resulting in a maximum 52-hour workweek. However, different limits may apply where a statutory exception or a lawfully implemented flexible working hours system applies.
Is lunch break included in working hours in Korea?
Generally, no. A genuine rest period during which an employee is free to use the time without the employer's direction or supervision is not considered working time. However, a period may still qualify as working time if the employee is required to remain under the employer's control and cannot use the time freely.
How much break time must employees receive in Korea?
Employees must generally receive a rest period of at least 30 minutes for every 4 hours of work and at least 1 hour for every 8 hours of work. Rest periods must be provided during working hours and employees must be free to use them.
Does the 52-hour workweek apply to every workplace in Korea?
No. The working-hour provisions of the Labor Standards Act generally do not apply to workplaces with fewer than five employees, and statutory exceptions also apply to certain types of work and industries. Specific requirements should therefore be reviewed before determining whether the 52-hour limit applies.
Employer Takeaways
In Korea, employee complaints and disputes related to overtime pay and violations of the 52-hour weekly limit have been increasing, making these issues a growing concern. Without a proper understanding and management of the relevant laws and regulations, companies may face unexpectedly high labor costs and even potential criminal liability. Effective working hours management is one of the most fundamental yet crucial areas of HR, essential not only for legal compliance but also for improving productivity and employee satisfaction.
If you have any questions about working hours compliance under Korean labor law, please feel free to contact us.
Limits, Exceptions, and Flexible Work Arrangements
Under Korean labor law, standard working hours are 8 hours per day and 40 hours per week. Employees may generally work up to 12 additional hours of overtime per week, resulting in a maximum 52-hour workweek. Different rules may apply where a statutory exception or flexible working hours system is applicable.
Working hours refer to the period during which an employee is under the direction and supervision of the employer. Accordingly, rest periods such as lunch breaks are not considered working hours. Whether a period qualifies as working hours is determined regardless of its label. Even if a period is called a rest period or waiting time, it will still be regarded as working hours if the employee cannot use it freely and remains under the employer’s control and supervision.
Under the Labor Standards Act (LSA), the standard working hours in Korea are 8 hours per day, and 40 hours per week. Employees must be provided with a rest period of at least 30 minutes for 4 hours of work and at least 1 hour for 8 hours of work. In practice, many companies in Korea provide a one-hour lunch break as part of the statutory rest periods. Excluding rest periods, any work in excess of 8 hours per day or 40 hours per week must be compensated with overtime pay at a 50% premium.
There is a limit on overtime work: it cannot exceed 12 hours per week. In other words, the total weekly working hours cannot exceed 52 hours. If the total weekly working hours exceed 52 hours, the employer may be subject to criminal penalties, even if such overtime was mutually agreed upon.
For details on how to determine whether the 52-hour weekly limit has been violated, please refer here.
While the 52-hour weekly limit serves as a fundamental rule under the LSA, the Act also recognizes that it may not be feasible to apply this rule uniformly in all circumstances. To address such situations, the LSA provides various flexible working hours systems, which allow working hours to be calculated and managed on an alternative basis, provided that the average weekly working hours do not exceed 52 hours and that the applicable statutory requirements are met. These include:
To introduce such a flexible working hours system, the employer must enter into a written agreement with the employees’ representative on matters prescribed by law. Some systems may be introduced only if the nature of the work or the industry meets specific legal conditions. Once a flexible working hours system is lawfully implemented, the employer is not required to pay overtime compensation even if employees work more than 8 hours a day or 40 hours a week, and exceeding 52 hours in a particular week will not constitute a violation of the law.
The 52-hour weekly limit may be subject to exceptions under the following circumstances:
What are the standard working hours in Korea?
Under Korean labor law, standard working hours are 8 hours per day and 40 hours per week, excluding rest periods. Work beyond these limits generally constitutes overtime work.
What is the maximum number of hours an employee can work per week in Korea?
Employees may generally work up to 12 hours of overtime per week in addition to the standard 40 hours, resulting in a maximum 52-hour workweek. However, different limits may apply where a statutory exception or a lawfully implemented flexible working hours system applies.
Is lunch break included in working hours in Korea?
Generally, no. A genuine rest period during which an employee is free to use the time without the employer's direction or supervision is not considered working time. However, a period may still qualify as working time if the employee is required to remain under the employer's control and cannot use the time freely.
How much break time must employees receive in Korea?
Employees must generally receive a rest period of at least 30 minutes for every 4 hours of work and at least 1 hour for every 8 hours of work. Rest periods must be provided during working hours and employees must be free to use them.
Does the 52-hour workweek apply to every workplace in Korea?
No. The working-hour provisions of the Labor Standards Act generally do not apply to workplaces with fewer than five employees, and statutory exceptions also apply to certain types of work and industries. Specific requirements should therefore be reviewed before determining whether the 52-hour limit applies.
In Korea, employee complaints and disputes related to overtime pay and violations of the 52-hour weekly limit have been increasing, making these issues a growing concern. Without a proper understanding and management of the relevant laws and regulations, companies may face unexpectedly high labor costs and even potential criminal liability. Effective working hours management is one of the most fundamental yet crucial areas of HR, essential not only for legal compliance but also for improving productivity and employee satisfaction.
If you have any questions about working hours compliance under Korean labor law, please feel free to contact us.
