|▲ Young unionized part-time workers call on the Ministry of Employment and Labor(MOEL) to address their unpaid wages in front of MOEL's Seoul Regional Office in December 2016.(archive photo provided by the Arbeit Workers Union).|
Part-time workers shall be able to receive additional 50% of hourly ordinary wage for their overtime work, even though they do not work longer than the statutory working hours of 8 hours a day and 40 hours a week. This is regulated by the 'Act on the Protection of Fixed-term and Part-time Employees' and the 'Guideline related to the Overtime Work of Part-time Workers' issued by the MOEL.
However, if there is no comparable full-time worker engaged in the same kind of job in the concerned workplace as a part-time worker does, overtime work is not paid although contractual working hours of the part-time worker are considerably shorter than the statutory working hours. It means that a part-time worker who works longer than the contractual working hours shall not be paid for his or her overtime work. Loopholes in the law and guideline to protect part-time workers and pay them adequate compensations need to be redressed.
Choi Kang-yeon, a labor attorney said that "if an employer decides the weekly work schedules for part-time workers separate from the contractual working hours agreed in the employment contracts, part-time workers are not paid for their overtime work. In some cases, part-time workers work less than 15 hours a week and accordingly disadvantages take place as weekly and annual allowances are not paid to them." He also criticized that "even though MOEL allows the contractual working hours to be changed only through an agreement between an employer and an employee, it is nothing more than an enforced agreement upon part-time workers."
reported by Lee Eun-young
translated by Kim Sung-jin
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