1. Reasons for Amendment
- As the Enforcement Decree is being amended following the promulgation (June 9) of a partial amendment to the Labor Standards Act (newly inserting Article 60, Paragraph 5) which mandates that employers grant annual paid leave when requested by an employee in fractional units of time and within a number of days prescribed by Presidential Decree, in order to protect workers' rights to use leave flexibly.
2. Main Contents
A. Stipulation of the Unit and Number of Days for Splitting Annual Paid Leave (Article 33-2)
- On December 30, 2025, labor, management, and the government agreed on the fractional use of annual paid leave through the "Actual Working Hours Reduction Roadmap Promotion Team," and the Labor Standards Act was amended to reflect this tripartite agreement (promulgated on June 9, to take effect on June 10, 2027).
*Institutionalizing the system so that young workers and those in childcare periods can utilize annual leave in half-day (4-hour) increments when needed for self-development or caregiving → (Example) Establishing measures for the fractional use of a portion of annual paid leave (e.g., 1/3) autonomously by labor and management to suit workplace characteristics.
- Taking into consideration the agreement between labor, management, and the government and the current status of annual leave utilization, the unit of time and the number of days for annual paid leave that an employer is mandatorily required to grant pursuant to Article 60, Paragraph 5* of the Labor Standards Act are set as a "half-day" and "5 days per year," respectively, in accordance with the tripartite agreement.
*An employer shall grant annual paid leave pursuant to Paragraphs 1, 2, and 4 if an employee requests it by splitting it within the range of time units and number of days prescribed by Presidential Decree.
