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[Q] Part Time worker

Our company hires less than 10 employees. Recently we hire a part time worker who works for 4 hours each day from Monday to Friday. The total working hours per week is 20. May I know how many days of paid annual leave he should have. Thank you.

By Lee Gran | 2020-02-19

[A]

1. Hello, this is Ministry of Employment and Labor Counseling Center.


 


2. We understand that you have enquired in regard to how to calculate annual paid leave for part-time employee, please refer to the following reply.


 


 A. According to Article 60(1),(2) of the Labor Standards Act, every employer shall grant any employee who has worked not less than 80 percent of one year a paid leave of 15 days, and every employer shall grant any employee who has continuously worked for less than one year or who has worked less than 80 percentage of one year one paid-leave day for each month during which he/she has continuously worked.


 


 B. On top of that, as Article 60(3) of the Labor Standards Act has been deleted and revised on May 29, 2018, every employer shall not deduct the number of used leave days for the less than one year for those who joined the workplace as of May 30, 2017.



  - This revised provision on annual paid leave shall apply to any employees who joined the workplace as of May 30, 2017, or enforcement date (May 29, 2018).


 


 C. The term contractual work hours means work hours on which employees and their employers have made an agreement within the limit of work hours under the related Acts. Also, the term part-time employee means an employee whose contractual work hours per week are shorter than those of a full-time employee engaged in the same kind of work at the workplace concerned. (Article 2 of the Labor Standards Act)


 


D. We would like to ask your kind understanding that it is difficult to give you a precise answer without confirming the facts. it is assumed that if regular employees are working for eight hours per day in your workplace, and the employee (in your inquiry) works for 20 hours per week, he/she is considered as a part-time employee.

 
E. The terms and conditions of employment of part-time employees shall be determined on the basis of relative ratio computed in comparison to those work hours of full-time employees engaged in the same kind of work at the pertinent workplace pursuant to Article 18 of the Labor Standards Act and Article 9, attached Table 2 of Enforcement Decree of the Labor Standards Act. According to this, annual paid leave for part-time employees shall be granted by the hour as follows.(Less than one hours shall be deemed as one hour.)


 * Full-time employees’ annual paid leave x (part-time employee’s contractual work hours / full time employees’ contractual work hours) x eight hours
** Part-time employee’s contractual work hours = part-time employee’s total work hour over a four-week period


 


 3. If you have any questions, please call Ministry of Employment and Labor Counseling Center on 1350 (press 4 and 1 for English).   Thank you.

By e-mail to yo221@korea.kr | 052-702-5170
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