From Today, Revised Special Overtime Work Enforcement... Allowed Even During 'Workload Overload'
[Asia Economy Reporter Kim Bo-kyung] The government's revised special extended working hours system, introduced as a supplement to the 52-hour workweek, will take effect today (31st). Companies will be able to use the special extended working hours system to respond to various unexpected situations such as a surge in workload or equipment breakdowns. In urgent cases such as disasters and protection of human life, working hours exceeding 64 hours per week will also be allowed.
According to the Ministry of Employment and Labor on the 31st, the "Amendment to the Enforcement Rules of the Labor Standards Act," which expands the reasons for approval of special extended working hours, will be implemented from today. This is one of the supplementary measures for the 52-hour workweek, which has been expanded this year to small and medium-sized enterprises with 50 to 299 regular employees. It is expected to provide some relief to small and medium-sized manufacturing sites struggling with labor shortages, sudden increases in orders, and tight delivery deadlines set by the primary contractors.
Until now, employers could only use the special extended working hours system with approval from the Minister of Employment and Labor in very limited cases such as natural disasters or social disasters. These include typhoons, heavy snowfall, chemical accidents, avian influenza (AI), and foot-and-mouth disease. Last year, the Ministry of Employment and Labor recognized Japan's export restrictions and African swine fever (ASF) as social disasters and approved special extended working hours accordingly. The current amendment expands the reasons for approval of special extended working hours.
In addition to the existing approval reasons of disasters or equivalent accidents, the following have been added: ▲ cases requiring urgent measures to protect human life and ensure safety ▲ sudden situations such as facility or equipment malfunctions or breakdowns ▲ cases where a significant business disruption or loss would occur if increased workload is not handled within a short period ▲ research and development (R&D) of materials, parts, and equipment or R&D recognized as necessary for strengthening national competitiveness and economic development.
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By utilizing the special extended working hours system, the total weekly working hours may exceed 64 hours in some cases. Although the approved special extended working hours are generally limited to 12 hours per week, in urgent situations such as disasters or protection of human life, more than 12 hours per week is allowed. This means that in addition to the 52-hour workweek (40 hours of statutory work and 12 hours of extended work), more than 12 hours of special extended working hours can be worked. However, the Ministry of Employment and Labor has stipulated that if special extended working hours exceed 12 hours per week, the period must not exceed two consecutive weeks.
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