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(연차개정내용)Revisions of the Korean Labor Law in 2018
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I. Annual Paid Leave

1. Rescinding of annual leave deductions for those who have worked for less than one year (Deleted Article 60 (3) of the current Labor Standards Act) Employees are guaranteed 15 days or more of annual paid leave as stipulated by the Labor Standards Act (LSA). However, it is regulated differently for those who have worked for less than one year. Under the current law, these people are granted one paid leave day for each month during which they have continuously worked (Article 60 (2) of the LSA), but used leaves during the first year are Revisions of the Korean Labor Law in 2018 - 2 - deducted from the next year's number of days of annual leave (15 days). Therefore, for new employees, only 15 days of annual leave are provided in two years, which leads to the problem that this could threaten employees’ right to sufficient rest. In response to this criticism, on November 9th, the National Assembly passed a bill to revise paid annual leave. According to the amendment, even if employees who have worked for less than one year use their annual leave, such used leave will not be deducted from the number of annual leave days (15 days) in the following year (the current Article 60 (3) of the LSA has been deleted). New employees can now use up to 11 days of annual leave for the first year and 15 days for the following year, making a total of 26 days for two years. This amendment will be effective from May 29, 2018. As an example: If an employee who joined a company on January 1, 2016 used 7 days of annual leave in the first year, how many days of paid leave would be available for him/her in 2017? Under the current LSA, it is stipulated that the used leave days during the first year are deducted from the 15 days of annual leave that are granted only when the employee continues to work for one year. Therefore, the employee can use 8 days of paid leave in 2017, deducting 7 days from the 15 days of annual leave, which occurs on January 1, 2017. Under the amendment, the employee will be paid for up to 11 days during the first year. Since those days are not deducted from the annual leave given in the following year, the employee can use another 15 days, which occurs on January 1, 2017.

작성일자 : 2019년 04월 10일

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