Paid Holidays and Annual Leave for Domestic Workers Guaranteed Starting Next Year

Ministry of Employment Announces Legislative Notice for Enforcement Decree of Domestic Worker Act

One Weekly Holiday for Perfect Attendance in a Week... Annual Leave Granted Upon Meeting Working Hours

Government-Certified Agencies to Employ Directly... Application of Labor Standards Act, etc.
Certification Agency Requirements Include Employment of Five or More Workers and Certain Scale Regulations

[Image source=Yonhap News]

[Sejong=Asia Economy Reporter Moon Chaeseok] Starting from June next year, domestic workers who have signed employment contracts with government-certified institutions will be recognized as legal workers and will be entitled to benefits such as paid holidays and annual paid leave.

On the 18th, the Ministry of Employment and Labor announced that it has publicly notified the draft subordinate legislation, including the "Domestic Workers Act Enforcement Decree," which contains these details, and plans to collect opinions until the 28th of next month.

The draft was prepared to specify the detailed matters necessary for the law's enforcement on June 16 next year. Those previously called "pachulbu" or "gajebu" (domestic helpers) have now been officially recognized as workers by law. Although the Labor Standards Act was enacted in 1953, they were excluded from protection. With the law passing the National Assembly this May, their rights can now be institutionally guaranteed after 68 years.

First, the certification requirements for domestic service providers include employing five or more people, subscribing to the four major social insurances, complying with the minimum wage, and increasing capital to 50 million KRW. This is to prevent the proliferation of small-scale certified institutions and to ensure service quality. Domestic worker management personnel must include one person besides the representative, but if there are fewer than 50 workers, concurrent positions are allowed. They must also have an office with a dedicated area of at least 10㎡ (approximately 3 pyeong).

The specific details of working conditions are also stipulated. The days, hours, and regions where workers can provide labor must be specified to prevent labor-management disputes. The minimum working hours must be at least 15 hours per week, but in unavoidable business circumstances, the Employment Insurance Act will apply. For paid holidays, just like general workers, if a worker has worked the full hours in a week, at least one weekly holiday is granted. Public holidays and substitute holidays are also guaranteed at levels comparable to the Labor Standards Act.

The paid annual leave period is also set similarly to general workers: if the worker's working hours during one year are at least 80% of the contracted service hours, they can use 15 days of leave. Workers with more than three years of service receive an additional day every two years, up to a maximum of 25 days. If the continuous service period is less than one year or the actual working hours during one year are less than 80% of the contracted service hours, one day of leave is granted for every full month worked.

Min Gil-su, Director of Employment Support Policy at the Ministry of Employment and Labor, said, "It is very important to establish the law to promote employment stability and improve working conditions for domestic workers," adding, "We will thoroughly prepare for the law's enforcement by collecting various opinions during the public notification period."

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