Special Extended Working Hours, Ultimately Legal Dispute... "Undermining the 52-Hour System" vs "Need to Revive the Economy"

Economic Emergency Amid COVID-19
Labor Sector Files Lawsuit to Cancel Enforcement Rules of Labor Standards Act
Business Community "Worsening Corporate Difficulties... Loss to the Nation"

Asia Economy DB=Photo by Jinhyung Kang aymsdream@

[Asia Economy Reporters Kim Bo-kyung, Lee Dong-woo, Kim Ji-hee] On the 19th, the two major labor unions filed an administrative lawsuit against the recently expanded and revised special extended working hours regulations, claiming that it "nullifies the 52-hour workweek system." Criticism has arisen that such actions by the labor sector could exacerbate difficulties for companies amid the emergency situation facing the Korean economy due to the impact of the novel coronavirus disease (COVID-19).

The Korean Confederation of Trade Unions (KCTU) and the Federation of Korean Trade Unions (FKTU) held a press conference at the Seoul Administrative Court in the morning to announce the cancellation lawsuit against the "Enforcement Rules of the Labor Standards Act," which expanded the reasons for approval of special extended working hours, and submitted a complaint to the court. The two major unions filed the administrative lawsuit arguing that the revised enforcement rules amended by the Ministry of Employment and Labor are illegal. They took issue with the expansion of special extended working hours, which were previously allowed only in cases of natural disasters or social disasters, to include urgent business management reasons such as equipment failure and sudden increases in workload. Workplaces approved for special extended working hours by the Ministry of Employment and Labor can now extend working hours by an additional 12 hours on top of the weekly maximum of 52 hours (40 hours of statutory work and 12 hours of extended work).

The labor sector argued that the expansion and revision of the special extended working hours system would render the reduction of working hours "meaningless." At the press conference, the two major unions criticized, "The government, which should be establishing policies to reduce working hours, has reflected only the demands of conglomerates and large corporations, expanding the reasons for approval of special extended working hours, which were limited to disasters and calamities, to include 'business management reasons.' This is a regressive measure that returns us to a low-wage, long-hour labor system."

The labor sector expressed concerns that workplaces without unions or non-regular workers could be exposed to unwanted long working hours. They also pointed out that since the approval of special extended working hours is at the discretion of the Ministry of Employment and Labor, it could be abused depending on business conditions and economic situations. In response, a Ministry of Employment and Labor official stated, "Safety measures such as protecting workers' health rights by employers have been put in place."

So far, the labor sector's concerns appear to be "groundless." The FKTU opened an "Illegal Extended Work Reporting Center" on the 12th to receive cases of misuse and abuse of special extended working hours, but as of 4 p.m. the previous day, no reports had been filed. As of the same time, the Ministry of Employment and Labor had received a total of 139 applications for special extended working hours, of which 87 were related to COVID-19.

In the business community, it is argued that such claims by the labor sector only make business management more difficult amid the already challenging COVID-19 situation and cause losses to the country as a whole. A representative from the Korea Employers Federation said, "Due to the unexpected variable of the recent COVID-19 crisis, public anxiety is increasing and business management difficulties are intensifying. To respond to various situations in the industrial field and to achieve innovation in key industries including the self-reliance of materials, parts, and equipment industries, it is necessary to broadly allow approval of special extended working hours and to promote supplementary legislation for flexible working hours."

A representative from the Federation of Korean Industries criticized, "In a situation where the government, business community, and small business owners are all striving to revitalize the economy amid the COVID-19 crisis, I want to ask whether the two major unions consider themselves not part of the Korean people. Of course, some workers may suffer due to special extended working hours, but from the perspective that this is a disaster and calamity situation, social responsibility cannot be ignored." They added, "In fact, small business owners and small and medium-sized enterprises are struggling with business closures and shutdowns," emphasizing, "It is time for joint response regardless of labor and management divisions."

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