Currently, the occupational accidents of workers in special types of employment, such as the death of couriers from overwork and safety-related accidents of delivery riders, have emerged as a serious social issue.  However, since the workers in special types of employment do not constitute workers under the Labor Standards Act, they are not subject to the working hours, rest, and holidays set out in the Act. 

However, due to the complete amendment to the Occupational Safety and Health Act in 2019, the extended scope of protection to cover “those who offer labor” will be able to result in the prescription of the occupational safety for the workers in special types of employment. 

Therefore, the Occupational Safety and Health Act aims to restrict the excessively long hours of work and ensure sufficient rest for businesses set out under the Presidential Decree, such courier business, so as to prevent occupational accidents. 

Details

A. Prescribe the “support and guidance for the prevention of health hazards caused by overwork, such as engaging in long hours of work” in the government-set liabilities to prevent death from overwork (Article 4 (1) 3 newly established).

B. As for a business prescribed by Presidential Decree, such as the courier business, mandate the employers to restrict excessively long hours of work and ensure sufficient rest to prevent occupational accidents, and bar them from assigning work in addition to the major work, and determine the enforcement date thereof by Presidential Decree in consideration of the working hours of each business type, resting hours, and measures to prevent income reduction (Article 78-2 (1) newly established).

C. Mandate the Minister of Employment and Labor to take measures prescribed in paragraph 1 in consultation with persons representing employers, persons representing workers in the special types of employment, etc. (Article 78-2 (2) newly established).

Mandate the operators of businesses, such as the courier business, to guarantee sufficient rest for workers and impose administrative fines for any violation (Article 78-2 (1) newly established).