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  • Request as to Whether Dispatched Workers Have to Work a 40 Hour Work Week
    • 담당부서 : 외투기업고충처리실(고상원)
    • 조회수 : 4,730
  • Organization : Ministry of Labor
  • Regulation : the Labor Standards Act
Grievance
Grievance
Company M employs 32 people and will be required to introduce a 40-hour work week as of July 1, 2007.
Sometime in April, the company plans to invite 5 to 60 dispatched workers to work on product improvement. Starting this year, the company is scheduled to implement the 40-hour work week system.
After Company M was established in 2003, due accumulated deficits from labor costs the company is quite concerned with finding a clear and accurate answer.

Resoultion and Results
Resolution and Results
KOTRA’s Labor Management Task force representative investigated the matter. The 40-hour work week is the established standard for full-time regular employees. A regular employee is defined as the average laborer employed directly by a company.

Labor law standards make no separate provisions for temporary, day or commercial employees. The only condition that applies is whether the employee is directly hired by the company.

Therefore, according to this definition, 40-work week provisions would not apply to subcontracted labor or dispatched labor. However, this decision is not based on specific provisions of the Labor Standards Act, but Ministry of Labor authority interpretation.

Korean Reference Page: No.9 Date: 2007/10/23