[Work From Home Q&A] Is Commenting on Appearance During Video Meetings Considered 'Workplace Sexual Harassment'?

Ministry of Employment and Labor to Announce 'Comprehensive Telecommuting Manual' on 16th
Labor Standards Act and Industrial Accident Compensation Act Apply to Telecommuters
Attendance Management and Performance Evaluation Follow Same Principles as Office Workers
Location Tracking and Camera Use Prohibited Without Employee Consent

[Asia Economy Reporter Kim Bo-kyung] As the COVID-19 pandemic continues, 'remote work' has become a hot topic in the industrial field. Companies are increasingly adopting remote work methods to prevent COVID-19 infections, care for family members, and improve work efficiency. If remote work is well established, it is expected to increase corporate productivity and work efficiency, as well as help address low birth rates and aging population issues through work-life balance. However, many companies still hesitate or are reluctant to implement remote work because they have not found effective ways to execute it. There are numerous issues to consider, from deciding where the remote work location should be, to managing attendance and performance evaluations, handling expenses, and determining whether work-related accidents apply.

In response, the Ministry of Employment and Labor published a 'Comprehensive Manual on Remote Work' on the 16th, containing various information and guidelines about remote work. A research team composed of academics and experts conducted foundational research for the manual, and opinions from academia and corporate field representatives were gathered through presentations and discussions at the Korean Academy of Management. Regarding legal issues of remote work, a forum of experts including professors, lawyers, and research institutions reflected diverse opinions. Based on the Ministry of Employment and Labor's comprehensive manual, we addressed common questions and key issues about remote work in a Q&A format.

- What is remote work?

▲ Remote work refers to a work arrangement where 'an employee provides all or part of their prescribed work at a location other than the affiliated workplace, such as their home, with the employer's agreement or approval.' Working at a location other than the employee's home, approved by the employer upon the employee's request, can also be considered remote work. However, if the employee works at a business trip site or a dispatched work location due to the nature of the work, it is not considered remote work.

- How should remote work be introduced?

▲ Remote work can be implemented according to provisions in collective agreements, employment rules, or employment contracts. If such provisions do not exist, the basis can be established through consent with individual employees, or by revising employment rules or collective agreements. Employers must ensure that remote workers are not discriminated against in terms of wages or working conditions due to remote work, and it is necessary to stipulate this principle in employment rules or similar documents.

- Does the 52-hour workweek apply to remote work?

▲ The Labor Standards Act provisions on working hours, breaks, and holidays apply to remote work just as they do when employees work at the workplace. Overtime work for remote workers cannot exceed 12 hours per week in principle, and additional wages must be paid for overtime, night, and holiday work.

Minister Lee Jae-gap of the Ministry of Employment and Labor is speaking at the "Outstanding Companies Utilizing Remote Work Meeting" held on the 16th at the Employment and Labor Office in Jung-gu, Seoul. Photo by Kang Jin-hyung aymsdream@

- How should attendance management and performance evaluation for remote workers be handled?

▲ Unless otherwise specified in employment contracts or employment rules, the same regulations that apply when employees come to the workplace apply to remote workers. Remote workers should not leave their designated work location (such as their home) without the employer's approval during working hours, nor should they engage in personal tasks, hobbies, or other private activities at the work location. Performance evaluations for remote workers should, in principle, be conducted using the same criteria as for employees working at the workplace.

- Should transportation and meal expenses continue to be provided to remote workers?

▲ Interpretations regarding the payment of transportation or meal expenses depend on how these are regulated in employment rules or similar documents. If transportation expenses are reimbursed only for actual commuting to the workplace, there is no obligation to pay these to remote workers. However, if employment contracts or employment rules stipulate that transportation and meal expenses are paid uniformly regardless of actual expenditure, these payments are considered wages as compensation for prescribed work and must be paid regardless of remote work status.

- Who should bear additional costs such as laptops and communication fees for remote work?

▲ Additional costs such as communication fees and consumable supplies incurred due to remote work should, in principle, be borne by the employer. To prevent disputes over cost burdens, it is advisable to establish standards through labor-management consultation regarding limits on cost burdens, claim methods, and procedures. If the employer provides essential PCs or laptops to on-site workers performing the same tasks, the same treatment should be given to remote workers. However, if the nature of the job does not require essential work laptops, the employer may decide whether to provide PCs or laptops to remote workers.

If equipment used for remote work is damaged or broken during normal work use, repair costs should be borne by the employer. However, if damage occurs due to the employee's personal use, intentional acts, or gross negligence, the employee may be held responsible for repair costs. To prevent disputes, it is advisable to clearly stipulate these matters in employment rules or similar documents.

- Is it possible to work remotely from locations other than home, such as cafes?

▲ Remote work typically involves working from the employee's 'home,' but if there is a basis in collective agreements or employment rules, or if agreed upon or approved by the employer and employee, it is possible to designate or add locations outside the home, such as nearby cafes, as remote work locations. However, if an employee arbitrarily changes or leaves the designated location, it may constitute a violation of work duties, so it is advisable to obtain managerial approval before changing the work location. If remote work is implemented to prevent infectious diseases like COVID-19, it should be limited to private locations such as the home.

Asia Economy DB=Photo by Honam Moon munonam@

- Is it permissible to track remote workers' locations using GPS for attendance management?

▲ Legally, collecting location information without the data subject's consent is prohibited. To collect location information from remote workers, the employer must notify them in advance of ▲ the purpose of collection and use, ▲ items collected, ▲ retention and use period, and ▲ the right to refuse consent, and obtain the employee's consent. Using cameras installed on laptops, PCs, or smart devices to monitor remote workers' attendance without their consent also violates the Personal Information Protection Act.

- Does injury or illness occurring during remote work qualify as a work-related accident?

▲ The Labor Standards Act and Industrial Accident Compensation Insurance Act apply to remote work, so injuries or illnesses arising from work-related activities during remote work qualify as work-related accidents. However, injuries or illnesses caused by the employee's private acts unrelated to work are not recognized as work-related accidents. For example, injuries sustained from falling while going to a nearby convenience store to buy groceries or injuries incurred while caring for children are not considered work-related accidents. Whether an accident occurring during remote work qualifies as a work-related accident is specifically determined by the Korea Workers' Compensation and Welfare Service upon application for industrial accident benefits.

- Can work instructions outside working hours or intrusion into family/home life during remote work constitute workplace harassment?

▲ Employers and employees must not engage in workplace harassment, which involves using superior position or relationships at work to cause physical or mental distress or worsen the work environment beyond appropriate limits. This applies equally during remote work. If work instructions outside working hours or comments about private life (e.g., evaluations of the home) exceed socially acceptable limits in terms of necessity and reasonableness, causing mental distress or deteriorating the work environment, it may constitute workplace harassment.

- Does pointing out appearance causing sexual discomfort or using sexual profanity during video meetings constitute workplace sexual harassment?

▲ Even if the perpetrator has no sexual motive or intent, verbal acts during video meetings that point out appearance, clothing, or attitude causing sexual discomfort, or use sexual profanity, and objectively cause sexual humiliation or disgust to a reasonable person in the same position, constitute 'workplace sexual harassment.'

- Can companies receive government support for infrastructure costs related to remote work?

▲ Companies can receive support for indirect labor costs related to remote work by participating in government support programs. The remote work infrastructure support program provides up to 20 million KRW, covering 50% of the employer's investment in infrastructure. The non-face-to-face service voucher support program offers up to 4 million KRW per company annually (with a 10% self-payment). The Ministry of Employment and Labor handles support for indirect labor costs and infrastructure, while the Ministry of SMEs and Startups manages the non-face-to-face service voucher support.

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