KCCI: "Reasons for Special Overtime Approval Are Excessively Restrictive... Burden on Companies"

[Asia Economy Reporter Kim Ji-hee] As the revised Enforcement Rules of the Labor Standards Act, introduced by the government as a supplementary measure to the 52-hour workweek system, come into effect today (31st), the business community has expressed concerns, stating that it "imposes excessive burdens on companies."

The Korea Employers Federation (KEF) stated in a press release that "(The revised Enforcement Rules of the Labor Standards Act) add reasons for special extended work such as responding to unexpected situations and a significant increase in workload, which will provide some help to companies struggling with reduced working hours." However, they added, "the reasons for special extended work approval are too narrowly defined, and by effectively mandating health protection measures?legislative matters?through the enforcement rules and attached application documents, excessive burdens are being imposed."

First, KEF pointed out that the revised enforcement rules added research and development (R&D) as a reason for allowing special extended work but excessively restricted its scope. KEF explained, "In specific operations, the areas where special extended work is permitted are limited to R&D fields announced by the Minister of Employment and Labor in consultation with related ministries," adding, "Only government-led projects are covered, and R&D aimed at securing future competitiveness at the company level, which are not large-scale projects, are effectively excluded, raising concerns."

They also highlighted the use of ambiguous terms when judging whether to allow special extended work. KEF emphasized, "Unclear terms such as ‘in usual cases,’ ‘significant,’ ‘short-term,’ and ‘causing serious disruption or damage’ will increase uncertainty about whether special extended work is permitted." They argued that in situations with various variables requiring a temporary increase in total working hours, such as unexpected production disruptions due to fluctuations in raw material supply, it is practically impossible to prove serious disruption or damage in advance.

Furthermore, KEF expressed concern regarding the revised enforcement rules defining the approval period as "the minimum necessary to cope with special circumstances," stating, "If the approval period is limited to the ‘minimum,’ it is highly likely that the period granted will be shorter than necessary due to the subjective judgment of the person in charge rather than a substantive reflection of the specific management situation or business status of the workplace."

They pointed out that in operating the revised enforcement rules, the government should include R&D as a subject for special extended work approval and practically reflect the necessary period by considering the production activities and market conditions faced by companies as much as possible.

KEF urged, "The enforcement rules should be promptly revised again to clearly reflect the business community’s position," and added, "More fundamentally, the government and the National Assembly should actively work to ensure that legislative measures on flexible working hours, flexible work systems in the R&D field, and special extended work systems are taken during the upcoming February extraordinary session of the National Assembly."

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