Urgent Need to Revise the Labor Standards Act Enacted in 1953
Some Suggest "Focus on Performance Over Hours, Revamp Personnel System"
[Asia Economy Reporter Jang Sehee] "Since face-to-face sales became difficult, we have implemented remote work, but it is hard to check by phone every time, and employees also find this situation inconvenient. When calculating salaries, the monthly pay remains unchanged, but it is not easy to settle overtime pay or business trip expenses."
On the 24th, a human resources officer (31, female) at A Medical Device Company located in Seoul is experiencing confusion in work due to the surge in remote work following the COVID-19 pandemic. Since the company's HR and payroll systems are all based on commuting work, it is often difficult to decide how to apply them to remote work.
While the nature of work is rapidly changing due to COVID-19, laws and systems remain stagnant, prompting urgent calls for improvement. Related article on page 6.
Companies have introduced various work styles that transcend time and space after COVID-19. However, the Labor Standards Act, enacted in 1953, has not significantly deviated from its past framework. Labor-related laws still define employment relationships exclusively at the 'workplace,' failing to properly reflect reality.
A representative example is the 52-hour workweek system. The normalization of remote work demands diverse work methods beyond time and space. However, experts commonly point out that the current Labor Standards Act cannot accommodate these diversified work styles.
Choi Jong-yeon, a lawyer at Work and People Law Office, said, "If remote work and flexible work become more active as part of the new normal, a new type of labor system should be established in the Labor Standards Act," adding, "It is necessary to establish labor supervision measures that both labor and management can agree upon." Lee Seung-gil, a professor at Ajou University School of Law, said, "The economy continues to grow, and the Fourth Industrial Revolution is accelerating due to technological development," emphasizing, "There is a need to supplement labor laws centered on manufacturing and systems created after the Industrial Revolution."
There are also claims that the HR system should be changed to focus on performance rather than working hours. Professor Choi Young-woo of the Employment and Labor Education Institute said, "Efforts such as relaxing the requirements for special extended work approval are necessary," and added, "It is necessary to redefine the concept of labor and then establish legal grounds for each issue." Choo Kwang-ho, head of the Job Strategy Office at the Korea Economic Research Institute, said, "Flexibility should be expanded not only in working hours but also in the entire form of work."
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