Human Rights Commission: "The Scope of the Labor Standards Act Should Be Expanded to All Workplaces"

Urging Prompt Passage of Related Bills in the National Assembly

[Asia Economy Reporter Seongpil Cho] The National Human Rights Commission of Korea has urged the National Assembly to promptly process legislative bills that expand the scope of application of the Labor Standards Act to all workplaces.

On the 25th, the Human Rights Commission expressed the opinion that "it is desirable to amend the scope of application of the Labor Standards Act to all workplaces employing workers." However, the Commission added, "For some provisions with significant burdens, it is advisable to set a phased application period through transitional measures and to prepare government financial support plans to alleviate the burden on employers."

In April 2008, the Human Rights Commission recommended in the "Recommendation for Improvement of Laws and Policies for Working Conditions in Workplaces with Fewer than Five Employees" that "the ultimate goal is the full application of the Labor Standards Act to all workplaces, but it should be expanded step by step." However, considering that this recommendation has not yet been implemented and that multiple related bills are pending in the 21st National Assembly, the Commission decided to express this opinion.

Regarding the necessity to expand the scope of application of the Labor Standards Act, the Commission stated, "Core provisions such as the basic statutory working hours (8 hours per day, 40 hours per week) are not applied to workplaces with four or fewer employees," and added, "Since the Labor Standards Act was enacted in 1953, important provisions have not been applied to workplaces with four or fewer employees."

According to Statistics Korea data cited by the Commission, as of 2019, workplaces with four or fewer employees accounted for about 61.9% of all workplaces in the country. The number of workers employed in workplaces with four or fewer employees accounts for 19% of the total workforce. The Commission emphasized, "In a reality where one out of every five workers in Korea works at a workplace with four or fewer employees, improving their working conditions depends on the expansion of the application of the Labor Standards Act."

The Commission argued, "If the Labor Standards Act is applied to all workplaces, it will serve as a minimum protection regulation for workers employed at workplaces with four or fewer employees," and "For employers, it will act as a mandatory provision that must be observed when operating a business by employing others' labor." The Commission further stated, "We hope that the 21st National Assembly will promptly discuss related bills and establish the principle that the Labor Standards Act applies to all workplaces."

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