(1) Where an employer intends to have women of 18 years or over work during the time from 10:00 p.m. to 6:00 a.m. and on holidays, he or she shall obtain the employees' consent.
(2) An employer shall not have pregnant women and women who have given birth and those under 18 years old work during the time from 10:00 p.m. to 6:00 a.m. and on holidays: Provided, That this shall not apply to any of the following cases where approval of the Minister of Employment and Labor is obtained: <Amended on Jun. 4, 2010>
1. Where there exists a consent of those under 18 years old;
2. Where there exists a consent of women for whom one year has not passed after childbirth;
3. Where a woman in pregnancy makes a clear request.
(3) Before obtaining the approval of the Minister of Employment and Labor in the case of paragraph (2), an employer shall make a faithful consultation with the representative of employees of the relevant business or workplace on whether to execute it, its methods, etc., in order to protect the employees' health and maternity. <Amended on Jun. 4, 2010>