Rep. Noh: "Repeated work-related contacts outside working hours are power harassment and bullying"
Fines up to 5 million KRW for violations
[Asia Economy Intern Reporter Kim Nayeon] Amid complaints of fatigue caused by incessant notifications from 'KakaoTalk' (KakaoTalk), a bill has been proposed to prohibit repetitive work instructions via mobile phones such as KakaoTalk after working hours.
No Woongrae, a member of the Democratic Party of Korea, recently took the lead in proposing a partial amendment to the 'Labor Standards Act' that bans work instructions using communication means like KakaoTalk outside of working hours, sparking debate.
Work instructions continuing after work hours and work-related contacts during holidays have been raised as issues for several years.
Recently, with the increased distribution of information and communication devices and the activation of non-face-to-face work methods due to COVID-19, work reporting and instructions via SNS have further increased.
According to a survey by Workplace Bullying 119, higher-level managers tend to show no problem with work instructions via SNS outside working hours or orders to work on holidays and during festive seasons to complete tasks.
Although the 52-hour workweek system has been implemented, the practice of work instructions after work hours through various communication means still continues. The office of Representative No pointed out that if there are repetitive and continuous contacts that disrupt the rhythm of rest or require separate time to respond, it can be considered overtime work.
In recent years, mainly in large corporations, there have been cultural improvement movements to balance work and family life, such as banning work-related KakaoTalk messages after 10 p.m. However, the majority of office workers still complain of stress due to work instructions via KakaoTalk and other means after work hours.
In foreign countries, including France, Italy, Slovakia, the Philippines, and Portugal, labor laws explicitly guarantee the 'right to disconnect,' ensuring that workers can fully enjoy their personal lives after work through legislation. In South Korea, related bills were proposed in the 20th National Assembly but were not passed and discarded due to criticism of excessive regulation.
Accordingly, the amendment limits regulation to cases where employers issue repetitive and continuous work instructions outside working hours and introduces a penalty provision imposing fines of up to 5 million won for violations to avoid criticism of overregulation and enhance the law's effectiveness.
Representative No stated, "Repetitive and continuous work instructions outside working hours should be regarded as workplace bullying and abuse of power that infringes on workers' privacy and right to rest."
He added, "To eradicate persistent outdated practices and protect workers' human rights, a system with deterrent power is necessary," explaining the legislative intent.
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