High Attendance Rate at Companies with Fewer Than 5 Employees Exempt from Labor Standards Act

Among 10 office workers who work on temporary holidays, 4 do not receive holiday work allowances.


According to a survey conducted by Incruit on October 21-22 targeting 927 office workers regarding whether they would take a day off on the temporary holiday on October 2, 14.7% of respondents answered that they would "go to work."

Reporter Kang Jin-hyung aymsdream@

Reporter Kang Jin-hyung aymsdream@

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A cross-analysis of respondents who answered that they would go to work by company size showed that the proportion of micro-enterprises with fewer than 5 employees was the highest at 33.3%. This was followed by small and medium-sized enterprises at 13.9%, large enterprises at 12.4%, mid-sized enterprises at 11.9%, and public institutions at 7.1%.


The reason for going to work on the temporary holiday was "because the company told me to come to work" (46.3%), accounting for nearly half. "Scheduled work" (27.2%) and "minimum essential personnel" (16.9%) followed.


For workplaces with 5 or more employees, if employees work on a temporary holiday, the employer is required to pay holiday work allowances or provide compensatory leave by agreement.


However, 4 out of 10 respondents (41.9%) said they do not receive holiday work allowances or compensatory leave. Among respondents, 41.9% receive holiday allowances, and 16.2% receive compensatory leave.



Workplaces with fewer than 5 employees are not subject to Article 56 of the Labor Standards Act, so they are not protected by provisions such as allowance payments. Regarding this provision of the Labor Standards Act, 64.2% of respondents expressed opposition.


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

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