(1) When an employer has determined matters falling under the following subparagraphs by a written agreement with the representative of employees, the employer may extend work hours in excess of those as referred to in Article 50 (1) in a particular week, or may extend work hours in excess of those as referred to in Article 50 (2) in a particular day, to the extent that average work hours per week during a certain unit period of more than three months and not more than six months that do not exceed the work hours referred to in Article 50 (1): Provided, That work hours in any particular week or in any particular day shall not exceed 52 hours or 12 hours respectively:
1. The scope of employees to whom the agreement is applicable.
2. Unit period (It shall be determined as a fixed period within six months and exceeding three months);
3. Work hours by week during the unit period;
4. Other matters prescribed by Presidential Decree.
(2) If an employer orders a worker to work pursuant to paragraph (1), the employer shall give the worker an 11-hour or more of an uninterrupted recess starting from the end of a working day until the beginning of the next working day: Provided, That if it is inevitable to be prescribed by Presidential Decree, such as a natural disaster, it shall be followed if there is a written agreement with the representative of employees.
(3) An employer shall notify an employee of the work hours of each working day of the relevant week by not later than two weeks before the beginning of the working days of each week referred to in paragraph (1) 3.
(4) When there arises an unavoidable cause, such as a natural disaster, mechanical malfunction, and rapid increase in the quantity of work, which was unexpected at the time of a written agreement with the representative of employees referred to in paragraph (1), the employer may change the matters referred to in paragraph (1) 3 after consulting with the representative of employees within the unit period of paragraph (1) 2. In such cases, the relevant employee shall be notified of the changed work hours of each working day before the changed working day commences.
(5) Every employer shall, if the employer employs an employee falling under paragraph (1), adjust or establish wage items so that the existing wage level does not decrease, or prepare wage conservation measures such as payment of additional wages and report them to the Minister of Employment and Labor: Provided, That the foregoing shall not apply where a plan for wage conservation has been prepared by a written agreement with the representative of employees.
(6) The provisions of paragraphs (1) through (5) shall not apply to employees aged 15 years or older and under 18 years or to female employees who are pregnant.[This Article Newly Inserted on Jan. 5, 2021]