'Supplementing the 52-Hour Workweek' Special Extended Work Hours Implemented from Today... Recognizing 'Workload Surge' (Comprehensive)

Allowed in emergencies such as large-scale recalls
Business community "Insufficient to resolve corporate difficulties"
Labor community "Undermines the foundation of the 52-hour workweek"

[Image source=Yonhap News]

[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 starting today (31st). Companies will be able to utilize the special extended working hours system to respond to various unexpected situations such as surges in workload and equipment breakdowns. In urgent cases such as disasters and protection of human life, working hours exceeding 64 hours per week are expected to become possible.

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 (SMEs) with 50 to 299 regular employees. It is expected to provide some relief to SME manufacturing sites struggling with labor shortages, sudden increases in orders, and tight delivery deadlines set by primary contractors.

Additional Recognized Reasons for Special Extended Working Hours... Including 'Sudden Surge in Workload'

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 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 such as 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 ▲ cases where a significant increase in workload must be handled within a short period to avoid serious business disruption or losses ▲ research and development (R&D) of materials, parts, and equipment or R&D recognized as necessary for strengthening national competitiveness and economic development.

Utilizing the special extended working hours system may result in total weekly working hours exceeding 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 hours per week (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.

With the revised special extended working hours system in place, SMEs that find it difficult to control workload due to subcontracting structures and companies that inevitably require additional extended working hours due to the impact of Japan's export restrictions on domestic R&D are expected to benefit. In particular, for R&D, special extended working hours can be applied for up to three months at a time, and the utilization period can be extended after review, including confirmation of measures to protect workers' health.

Unclear Criteria for 'Sudden Surge in Workload'... Confusion Inevitable on the Ground

Although the government released guidelines for companies to refer to on this day, ambiguity remains in the approval criteria for special extended working hours, making confusion on the industrial front inevitable for some time. The business community believes that the revised plan is insufficient to resolve companies' difficulties. Employers must obtain individual consent from each worker every time, and approval may not be granted depending on the administrative judgment of the Ministry of Employment and Labor, reducing predictability.

Excessive administrative work has also been pointed out as a problem. When employers apply to the government for special extended working hours, they must submit various documents such as the primary contractor's purchase orders, contract change details, and production and workforce operation plans to the local employment and labor office to prove the reason for the increased workload.

There is no clear standard for judging an increase in workload, so confusion on the ground is expected. For example, special extended working hours are allowed in cases of large-scale recalls or urgent orders from clients, but not when workload increases due to business expansion such as factory enlargement. Special cases like a surge in overseas orders caused by abnormal weather are recognized as reasons for special extended working hours, whereas typical seasonal workload increases in businesses like air conditioners or frozen desserts are not.

Moreover, to use the special extended working hours system due to increased workload, all three conditions must be met: ▲ a significant increase in workload compared to normal cases ▲ if not handled within a short period (when other measures are difficult to use) ▲ only when serious business disruption or losses would occur.

On the 30th briefing, Kwon Ki-seop, head of the Labor Inspection Policy Division at the Ministry of Employment and Labor, said, "It is not possible to set uniform standards for a sudden surge in workload," adding, "We will accumulate cases and provide guidance to companies in the future." The criteria for R&D fields eligible for special extended working hours are also vague. Apart from the development of materials, parts, and equipment technology, it is limited to cases "recognized by the Minister of Employment and Labor as necessary for strengthening national competitiveness and the development of the national economy" without specific standards.

[Image source=Yonhap News]

Business Community: "Insufficient to Resolve Corporate Difficulties," Labor Unions: "Legal Response"

The business community views the expansion of approval requirements for special extended working hours positively in broad terms but believes it falls short of resolving difficulties faced by companies due to the 52-hour workweek implementation. Especially, the need to obtain approval from the Ministry of Employment and Labor each time special extended working hours are required and the unclear criteria, which allow significant administrative discretion, are concerns for the business community. Accordingly, the Korea Employers Federation argues that the special extended working hours system should be legislated by law rather than through enforcement rules so that companies can use it stably.

The labor unions strongly oppose the expansion of approval requirements for special extended working hours, fearing it could undermine the foundation of the 52-hour workweek. They argue that the amended enforcement rules, which expand the approval requirements, contradict the purpose of the Labor Standards Act, which limits special extended working hours to cases with special circumstances. The two major labor unions regard the amended enforcement rules as "abuse of administrative power" and plan to take legal action, including administrative lawsuits.

The labor unions are concerned that the revision of the special extended working hours system will harm workers' health rights. They claim that the government is effectively allowing work exceeding 52 hours per week, infringing on workers' health rights. In response, the Ministry of Employment and Labor has imposed an obligation on employers to take measures to protect workers' health. Employers must provide health checkups at health examination institutions upon workers' requests and take appropriate measures such as granting leave based on the attending physician's opinion. Director Kwon stated, "We plan to operate the system by reassessing the implementation of health protection measures and the resolution of reasons each time re-approval is sought."

Minister of Employment and Labor Lee Jae-gap said, "We expect that the expansion of approval reasons for special extended working hours will significantly address the most frequently raised difficulties on the ground, such as sudden and temporary situations." However, he emphasized, "The expansion of approval reasons through the amendment of enforcement rules is a provisional supplementary measure due to delays in supplementary legislation by the National Assembly, so we ask for the passage of institutional improvement bills such as the flexible working hours system before the end of the 20th National Assembly." He added, "After operating the system until the end of this year, we will analyze its effects and impact on the field and improve the system or supplement operational guidelines accordingly."

This content was produced with the assistance of AI translation services.