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Labor Standards Act — Article 51 (Flexible Work Hours System within Three Months)

근로기준법 제51조

This English translation is based on the Korean text effective 2025-10-23. The Korean law has since been amended (current version effective 2026-10-02) — check the Korean original.

(1) An employer may, as prescribed by the rules of employment (including other rules equivalent thereto), extend work hours in excess of those as referred to in Article 50 (1) in a particular week, or 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 not more than two weeks do not exceed the work hours as referred to in Article 50 (1): Provided, That work hours in any particular week shall not exceed 48 hours.

(2) When an employer has determined matters falling under the following subparagraphs by a written agreement with the representative of employees, he or she 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 not more than three months 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 (to be determined as a certain period of not exceeding three months);

3. Working days in the unit period, and work hours for each working day;

4. Other matters prescribed by Presidential Decree.

(3) Paragraphs (1) and (2) shall not apply to employees who are not less than 15 years and less than 18 years of age and to pregnant female employees.

(4) When an employer needs to have an employee work in accordance with paragraphs (1) and (2), the employer shall work out measures to supplement his or her wages so that the existing level of wages may not be lowered.[Title Amended on Jan. 5, 2021]

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