Is Night Shift Duty Discrimination Between Men and Women? Here's What the Labor Standards Act Says...

Labor Standards Act Limits Night Work for Pregnant Women and Under 18
Human Rights Commission: "Internal Feedback Needed to Improve On-Call System"

[Asia Economy Reporter Park Hyun-joo] As claims arise that only men working night shifts is gender discrimination, voices are calling for the night duty system to be improved to suit the times. However, there remain issues that must be addressed according to the current Labor Standards Act in order to improve the night duty system.

An employee A working at an agricultural cooperative IT center in Gyeonggi-do filed a complaint with the National Human Rights Commission's Discrimination Correction Committee in August last year, claiming that the regulation requiring only male employees to work night shifts was gender discrimination.

However, the Human Rights Commission dismissed the complaint. They explained that since night duty mostly involves indoor work except for one patrol, there is no difference in work intensity compared to day duty, and that male workers are not at a disadvantage because they receive four hours of compensatory leave after night work. They also cited the vulnerability of female workers to risks such as violence as a reason for dismissal.

This decision sparked controversy among some men. They argue that forcing only male workers to do night duty is gender discrimination and that everyone should do night duty equally regardless of gender.

Can the night duty system at the center of the controversy be improved? According to the current Labor Standards Act, night work is restricted for pregnant female workers and those under 18 years old. Even if requested or explicitly claimed by the individual, approval from the Minister of Employment and Labor is required. For women over 18 who are not pregnant, night work (from 10 p.m. to 6 a.m. and on holidays) requires the worker’s consent. Violations are punishable by imprisonment of up to two years or a fine of up to 20 million won.

For overtime work beyond regular hours, there are also conditions for pregnant female workers. Pregnant women must not be assigned overtime work, and if requested, they must be transferred to easier types of work. Women within one year postpartum must not be assigned overtime exceeding 2 hours per day, 6 hours per week, or 150 hours per year, even if there is a collective agreement.

Therefore, to revise the night duty system, it is necessary to seek changes based on the Labor Standards Act.

Seoul City, which introduced a gender-integrated night duty system in 2018, collected employees’ opinions through a survey before implementing the system. As a result, not only pregnant women but also caregivers of children under five and single-parent families with minor children were allowed to be exempt from night duty regardless of gender, protecting both maternity and paternity. In addition, several local governments such as Paju City in Gyeonggi Province and Gimhae City in Gyeongsangnam-do have established their own standards and operate gender-integrated night duty systems.

However, some challenges remain. To apply night duty work regardless of gender, concerns about the safety of female workers must be alleviated by strengthening internal security. There are also calls for supplementary measures for married women who bear a relatively large burden of caregiving labor at home.

The Human Rights Commission, criticized for dismissing A’s complaint, also suggested improving the night duty system by gathering opinions from female workers. The Commission stated, "As the number of female employees increases and security facilities improve, making it easier for women to perform night duty, it is desirable to move toward organizing night duty shifts without gender distinction."

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