Exact Calculation and Conditions for Overtime Pay

Overtime pay refers to an additional payment that can be received by adding 50% of the original allowance when classified as overtime work if you have worked for 8 hours a day or 40 hours a week. If the hourly wage is 10,000 won, the overtime pay will be 15,000 won. If you work for 8 hours a day, your hourly wage will change after 8 hours. However, this only applies to businesses with 5 or more employees.

 

Even if the total working hours per week are less than 40 hours, if you work for more than 8 hours a day, you must be paid overtime pay. For example, if a worker works for 5 days a week and 7 hours a day, he works a total of 35 hours a week. However, if the worker works for 10 hours a day, instead of 7 hours, then he will be paid for 2 hours of overtime pay. If the hourly wage of the worker is 10,000 won, then the overtime day's daily wages for the worker are calculated as follows:

 

Daily wage KRW 110,000 = (KRW 10,000 * 8 hours) + (KRW 15,000 * 2 hours)

 

Overtime pay criteria

Overtime pay is paid according to the following criteria under the Labor Standards Act:

1. Adult: Paid when working for 8 hours a day or 40 hours a week or more. Up to 12 hours per week is allowed.

2. Youth: Paid when working for 7 hours a day or 35 hours a week or more. Up to 5 hours per week is allowed.

3. Hazardous work: Limited to 6 hours a day and 34 hours a week. Overtime work is not allowed.

 

If employers exceed 12 hours and 5 hours respectively for adults (1) and youth (2), even if they have agreed with the worker, the employer will face criminal penalties. Workers are not subject to penalties, but employers can face legal penalties of up to 2 years in prison or a fine of up to KRW 20 million for violating the 52-hour workweek rule.

 

Types of Hazardous Work that Prohibit Long-Term Work

1. Work at high pressure, such as diving operations or submarine work

2. Work in mines

3. Handling of high-temperature objects or work in hot places

4. Handling of low-temperature objects or work in cold places

5. Hazardous radiation work such as radium radiation and X-rays

6. Work with dust from glass, earth, stones, minerals, etc.

7. Intense noise-producing work

8. Intense vibration work such as rock drills

9. Work involving manual handling of heavy objects

10. Heavy metal work such as lead, mercury, chromium, manganese, and cadmium

11. Work involving the generation of dust, vapor, or gas from carbon disulfide, organic solvents, and chemicals.

 

Commencement and Termination of Night Work Hours After Sunset

One working day refers to the working hours excluding break time (usually 1 hour for lunch). If the work hours start today at night and continue past midnight to the next day, the time from the start to the end of the work is counted. For example, if work begins at 11 p.m. and ends at 8 a.m. the next morning with a one-hour break in between, it is counted as an 8-hour workday.

 

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