<<Weekly 52 Hours System Q & A: Jul. 1, 2018>>
e7-4 visa KOREA & F2-6 visa KOREA (52 HOURS PER WEEK SYSTEM)
Working hours for foreign workers (E7-4 visa, F2-6 visa etc.) living in Korea are emerging due to the implementation of the working 52 hours per week system for workplace with 300 or more employees from Jul. 1, 2018.
The problem is that it can hardly be obtained unless the average annual salary of the two-year average of the point system requirements (E7-4 visa)(20 highest points: over 33 million won per year) is over 26 million won, while working hours can not exceed 52 hours per week.
VISA in KOREA would like to summarize the shortening of working hours Q & A for E7-4 visa or F2-6 visa's working hours.
◆ Is 52 hours per week working hours including holidays?
→ Yes, it is 52 hours a week, including holidays and extended working hours.
→ This means that you can only work for up to 52 hours, if your working employees are over 300 persons, including 40 hours of legal working hours and 12 hours of overtime work (including holidays), so even if an E7-4 visa or F2-6 visa holders want to work more at night, you can not work more than 52 hours in one week (7 days including holiday) from Jul. 1, 2018 this year.
◆ When does 52 hours per week system start and which workplace adopt this system?
→ 52 hours per week system will start from Jul. 1, 2018 with more than 300 employees.
→ If the workplace is between 50 to 300 employees, this system will be applied from Jan. 1, 2020.
→ If your company's employees are 5 to 50 persons, this system will start from Jul. 1, 2021.
◆ Which penalties will be given if your employer let you work over 52 hours per week?
→ If your employer is allowed to work more than 52 hours a week on E7-4 visa or F2-6 visa etc., the employer must be punished by imprisonment for up to 2 years or a fine of up to 20 million won due to violation of the Labor Standard Act.
◆ How to decide whether it is rest time on t52 hours per week system?
→ At 52 hours per week system, the criterion of resting time is based on whether the worker is free from directing or supervising the employer.
→ If your employer is in a situation where you have to go immediately, even if you are at rest, it is considered a working time because it is regarded as the waiting time.
◆ What happens if the regular worker decreases to less than 300 after the revision of the Labor Standards Act next month?
→ After the revised the Labor Standard Act, even if the number of full-time workers was more than 300 but it has less than 300 after Jul. 1, 2018, it is necessary to comply with the revised Labor Standards Act, which has been shortened in consideration of legal stability. (52 hours per week)
→ In addition, if the number of full-time workers is less than 300 before the revised Labor Standards Act, then after Jul.1, 2018, if the number of full-time workers exceeds over 300, the revised Labor Standards Act will be applied for 52 hours per week.
◆ What is the added wage if the E7-4 visa or F2-6 visa workers go on extended work, holiday work or night work?
→ Extended work time shall be paid 50% added from the normal wage.
→ In addition, if you work on holidays due to a lot of work on holidays, your payment will be added 50% of normal wage within 8 hours a day and 100% of regular wage in case of exceeding 8 hours.
→ If you work at night between 10 pm to 6 am, you must be paid 50% of normal wage.
VISA in KOREA
VISA in KOREA aways tries to provide useful information related to Korea Immigration & VISA issues.
