[Q&A: Labor Law] Is There a Legally Binding “40 Working Hour a Week Limit” in Korea?

Q) Please could you clean up this question that nobody seems to be willing to answer. Is there a legally binding 40 working hour a week or not in Korea?

A) Yes, there is a 40-work-hours clause in Korean labor law.

The Labor Standard Act of Korea provides that “Work hours shall not exceed 40 hours a week, excluding hours of recess”.

However, in case of workers who are not less than eighteen years of age and women workers who are not in pregnancy, an employer and a workers’ representative can legally agree to extend work hours in excess of 40 hours a week to the extent that average work hours per week during a certain unit period of not more than 3 months do not exceed the 40 work hours, provided that work hours in any particular week shall not exceed 52 hours respectively.

I hope this to be of assistance to you.  If you have more questions on labor contract or any other Korean labor law related issues, please send an email by clicking here or visit Legal Consultation page. Our Korean licensed labor lawyers, not a U.S. lawyer residing in Korea, will answer your inquiry.

Also you can find a stack of competent legal information and articles on Korean labor law, written by a Korean licensed lawyer, by clicking here.

© 2010 Wonil Chung.  All rights reserved.

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