83
81
75.5
Approaching Access to Decent Work
80
80
100
100
80
100
80
60
100
50
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the legislation or collective negotiation set and determine the minimum wages in the country? | Yes | 1 | § 4-11 of the Minimum Wage Act, 1986 | No Change |
| Does the law require regular and timely payment of wages? | Yes | 1 | §02, 08, 10, 28 & 31 of the Minimum Wage Act, 1986; §2(1), 43(1 & 2) & 45 of the Labour Standards Act, 1997 | No Change |
| Does the law require overtime compensation to be at least 125% of the regular hourly rate? | Yes | 1 | §56 of the Labour Standards Act, 1997 | No Change |
| Does the law require any additional compensation for working on a weekly rest day? | No | 0 | §56 of the Labour Standards Act, 1997 | No Change |
| Does the law require additional compensation for night work? | Yes | 1 | §56 & 57 of the Labour Standards Act, 1997 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law stipulate general weekly working hours as 48 hours or lower? | Yes | 1 | §50-53, 57 and 59 of the Labour Standards Act, 1997 | No Change |
| Does the law restrict maximum working hours, including overtime, to 56 hours per week? | Yes | 1 | §53(1) of the Labour Standards Act, 1997 | No Change |
| Does the law require a paid weekly rest of at least 24 consecutive hours? | Yes | 1 | §55 of the Labour Standards Act, 1997 | No Change |
| Does the law require paid public holidays? | Yes | 1 | §55 of the Labour Standards Act, 1997; Establishment of Labour Day Act, 1994 | No Change |
| Does the law require at least three working weeks of paid annual leave? | No | 0 | §60-62 of the Labour Standards Act, 1997; §33 of the Enforcement Decree of the Labour Standards Act 1997 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a written employment contract or employment particulars to be given to a worker on commencement of employment? | Yes | 1 | §17 of the Labour Standards Act, 1997 | No Change |
| Does the law restrict the hiring of fixed-term contract workers? | Yes | 1 | §17 of the Labour Standards Act,1997 | No Change |
| Does the law limit the length of the probation period, including renewals, to three months? | Yes | 1 | §16 of the Enforcement Decree of the Labour Standards Act; §77 of the Labour Standards Act, 1997 | No Change |
| Does the law require a 30-day notice period before employment contract termination? | Yes | 1 | §23-30 & 35 of the Labour Standards Act, 1997 | No Change |
| Does the law require severance pay at the rate of at least two weeks of wages for every year of service? | Yes | 1 | §02 & 08-12 of the Employee Retirement Benefit Security Act No. 7379, 2005 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a four-month parental leave for parents? | Yes | 1 | §19(1 & 2) of the Act on Equal Employment and Support for Work-Family Reconciliation, 1987 | No Change |
| Does the law require at least one week of paid paternity leave for fathers*? | Yes | 1 | §18(2) of the Act on Equal Employment and Support for Work-Family Reconciliation, 1987 | No Change |
| Does the law require flexible working arrangements* for workers with family responsibilities? | Yes | 1 | §19-1, 19-2 & 22(3) of the Act on Equal Employment and Support for Work-Family Reconciliation, 1987 | No Change |
| Does the law require paid nursing breaks? | Yes | 1 | §75 of the Labour Standard Act, 1997; §44(2) & (3) of the Infant Care Act, 2016 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit inquiring about pregnancy during recruitment? | Yes | 1 | §2 & 7 of the Equal Employment Opportunity and Work-Family Balance Assistance Act, 2016 | No Change |
| Does the law require maternity leave of at least 14 weeks? | No | 0 | §74(1-4) of the Labour Standard Act, 1997; §43 of the Enfor. Decree of the Labour Standards Act, 1997 | No Change |
| Does the law require cash maternity benefits to be at least two-thirds (66.67%) of a worker's former wage? | Yes | 1 | §74(1-4) of the Labour Standard Act, 1997; §18 of the Act on Equal Employment and Support for Work-Family Reconciliation, 1987 | No Change |
| Does the law require cash maternity benefits to be paid through a contributory social insurance or a universal benefits system or such benefits are an employer's liability? | Yes | 1 | §74(1-4) of the Labour Standard Act, 1997; §18 of the Act on Equal Employment and Support for Work-Family Reconciliation, 1987 | No Change |
| Does the law protect workers from dismissals during or on account of pregnancy? | Yes | 1 | §23(2) of the Labour Standard Act, 1997 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require employers to provide free personal protective equipment to workers? | Yes | 1 | §32 (1 & 2), 33 (1) of the Ordinance of the Occupational Safety and Health Standards, 1981 | No Change |
| Does the law require employers to train workers on health and safety Issues? | Yes | 1 | §31 (1) of the Ordinance of the Occupational Safety and Health Standards, 1981 | No Change |
| Does the law restrict work that is prejudicial to the health of the mother or the child? | Yes | 1 | §65 & 74(7 & 8) of the Labour Standard Act, 1997 | No Change |
| Does the law provide for employment injury benefits in the event of an occupational accident or disease? | Yes | 1 | §36-94 of the Industrial Accident Compensation Insurance Act, 1963; ISSA Country Profile for Republic of Korea | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law provide for an old age benefit? | Yes | 1 | §61 of the National Pension Act, 1986; Basic (old-age) Pension Act, 2007; ISSA Country Profile for Republic of Korea | Score adjusted due to a minor revision in methodology |
| Does the law provide for survivors' benefits? | Yes | 1 | National Pension Act, 1986; ISSA Country Profile for Republic of Korea | No Change |
| Does the law provide for unemployment benefits? | Yes | 1 | §37-69 of the Employment Insurance Act 1993; ISSA Country Profile for Republic of Korea | No Change |
| Does the law require paid sick leave (and sickness benefits) for the first six months of sickness? | No | 0 | §41-2 of the Act on Prevention and Management of Contagious Disease, 2009 | No Change |
| Does the law provide for invalidity benefits? | Yes | 1 | National Pension Act, 1986; ISSA Country Profile for Republic of Korea | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require equal remuneration for men and women workers for work of equal value? | Yes | 1 | §8(1 & 2) & 37(2) of the Equal Employment and Support for Work-Family Reconciliation Act, 1987 | No Change |
| Does the law prohibit sexual harassment in employment? | Yes | 1 | §2 & 12-14 & 37(2) of the Equal Employment and Support for Work-Family Reconciliation Act, 1987 | No Change |
| Does the law prohibit discrimination in employment matters? | No | 0 | §7-11 & 37 (1), Equal Employment and Support for Work-Family Reconciliation Act 1987; §6 & 114, Labour Standards Act, 1997 | No Change |
| Does the law allow women to do the same job as men? | No | 0 | §11,15 & 32 of the Constitution, 1948; §65 & 72 of the Labour Standards Act, 1997 | No Change |
| Does the law guarantee basic labour protection to the platform workers? | Yes | 1 | National Pension Act, 1986; ISSA Country Profile for Republic of Korea | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit the employment of children? | Yes | 1 | §64-70 of the Labour Standards Act No. 5309, 1997 | No Change |
| Does the law set employment entry age equal to or higher than the compulsory schooling age? | Yes | 1 | §8 of the Framework Act on Education, 1997; §12-13 of the Elementary and Secondary Education Act, 1997 | No Change |
| Does the law prohibit the employment of young persons in hazardous work under the age of 18 years? | Yes | 1 | Labour Standards Act No. 5309 of 1997; Juvenile Protection Act 1997 | No Change |
| Does the law prohibit forced labour? | Yes | 1 | §7 & 8 of the Labour Standards Act No. 5309, 1997; §289-292 of the Criminal Act, 1953 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law allow workers to form and join unions of their own choice? | No | 0 | §33, Constitution 1948; §2, 5 & 10-28, Trade Union and Labour Relations Adjustment Act No. 5310, 1997 | No Change |
| Does the law allow workers to bargain collectively with employers through their representative unions? | Yes | 1 | §33, Constitution 1948; §29-36, Trade Union and Labour Relations Adjustment Act No. 5310 of 1997 | No Change |
| Does the law provide the right to strike? | No | 0 | §33, Constitution 1948; §42-2 & 71, Trade Union and Labour Relations Adjustment Act No. 5310, 1997 | No Change |
| Does the law prohibit imposing excessive sanctions against striking workers, including replacement of such workers? | Yes | 1 | §33 of the Constitution, 1948; §42-2, 43 & 89 of the Trade Union and Labour Relations Adjustment Act No. 5310, 1997 | No Change |