Businesses with fewer than 5 employees not receiving night shift allowance... 90% of workers demand full application of the Labor Standards Act

'Priority Should Be Given to Overtime, Night, and Holiday Work Allowances'

A survey revealed that 9 out of 10 office workers believe that the Labor Standards Act should be fully applied to workplaces with fewer than 5 employees. The most prioritized provision to be applied was identified as 'overtime, night, and holiday work allowances.'

According to a survey conducted by the civic group Workplace Bullying 119, commissioned to the polling agency Global Research, from February 2 to 13, targeting 1,000 office workers nationwide aged 19 and older, 87.7% of respondents agreed that the Labor Standards Act should be fully applied to workplaces with fewer than 5 employees. By age group, those in their 30s (92.1%) and 20s (91.4%) showed the highest agreement. Those in their 40s and 50s also showed high approval rates at 86.5% and 83.4%, respectively.

Photo by Jo Yongjun jun21@

The provision most urgently needing application was 'overtime, night, and holiday work allowances' (34.8%). This was followed by 'application of a maximum 52-hour workweek' (31.9%), 'paid holidays on public holidays' (27.7%), 'leave allowance' (26.5%), 'restrictions on dismissal, etc.' (26.1%), and 'paid annual leave' (23.1%).

Among those working at workplaces with fewer than 5 employees (169 respondents), 'overtime, night, and holiday work allowances' (39.6%) was the most urgently desired, followed by 'paid annual leave' (30.2%).

Under current law, the Labor Standards Act does not apply to workplaces with fewer than 5 employees. It is even difficult to respond by forming labor unions. According to the Ministry of Employment and Labor's 2022 nationwide labor union organization status, the overall labor union organization rate was 13.1%, but the labor union organization rate in workplaces with fewer than 30 wage workers was only 0.1%.

Attorney Shin Hana (Chair of the Workplace Bullying 119 Special Committee on Workplaces with Fewer Than 5 Employees) said, "Excluding workplaces with fewer than 5 employees from the Labor Standards Act is a key mechanism creating polarization in Korean labor and a dual structure in the labor market. The government and the 22nd National Assembly must come up with solutions for applying the Labor Standards Act to workplaces with fewer than 5 employees even now."