Generals

1. What Labor Law Provisions Become Inapplicable to Workplaces with Less than 4 Employees?

  • The 52-hour maximum work week requirement does not apply.
  • Even in case of an extended work, nighttime work or holiday work, the employer is only required to pay regular wage for such work hours and the 50% additional overtime pay needs not be paid.
  • The 15-paid vacation day requirement (which normally arises if the employee has worked for one (1) year or longer) does not apply.
  • Employer may freely terminate an employee even in the absence of “just cause.”
  • Even when an employee working on a fixed-term contract basis ends up working for more than two (2) years, the employer is not required to convert his/her employment status to permanent employment.
  • “Shutdown allowance” (e. 70% of normal wage) needs not be paid even if business is suspended due to the employer’s fault.