[Invest&Law] Female Lawyer Who Led Improvements in Reduced Working Hours During Childcare Period

The Seoul Metropolitan Southwest Workplace Moms Center, operated by the Korean Women Lawyers Association (President Wang Mi-yang), announced on the 26th that it has led to a change in the existing administrative interpretation regarding the termination of reduced working hours for childcare during workplace closures.

The reduced working hours for childcare is a system where workers with children aged 12 or under, or in the 6th grade or below in elementary school, can apply to reduce their working hours to care for their children.

Previously, the center discovered that when a worker was using the reduced working hours for childcare system and the workplace suddenly closed due to the employer's fault, there was no legal basis for the worker to terminate the reduced working hours even though the reduction was effectively not implemented, causing confusion regarding the payment and calculation of closure allowances. Since 2020, when workplace closures became frequent due to COVID-19, the center has continuously advocated to the Ministry of Employment and Labor and the Ministry of Government Legislation for the establishment of legal grounds to allow termination of reduced working hours for childcare during workplace closures.

Reflecting the center’s opinion, the Ministry of Employment and Labor changed the existing administrative interpretation, stating that "reduced working hours for childcare are terminated during workplace closures." As a related follow-up measure, Article 15-3, Paragraph 4 of the newly established Enforcement Decree of the Act on Gender Equality in Employment stipulates that in the case of a workplace closure lasting 30 days or more due to the employer's fault, the reduced working hours for childcare are considered terminated as of the day before the start date of the closure.

A representative from the Korean Women Lawyers Association said, "With the establishment of related regulations clarifying the conditions for terminating reduced working hours for childcare, unnecessary disputes between workers and employers can be prevented," adding, "We hope this will increase the utilization of the system by workers who want to use reduced working hours for childcare and contribute to clarifying personnel management standards within workplaces."

The center handles more than 8,000 consultations annually from workplace moms and dads, providing guidance on maternity leave, parental leave, and reduced working hours for childcare, as well as supporting rights protection through complaints to the Ministry of Employment and Labor, applications for relief to labor commissions, and litigation.

In response to the enactment of the three childcare support laws (Act on Gender Equality in Employment, Employment Insurance Act, and Labor Standards Act) on the 23rd, the Korean Women Lawyers Association stated its intention to continuously promote system improvements reflecting the realistic difficulties of workplace moms and dads amid the low birthrate crisis. They plan to monitor blind spots in maternity protection and work-family balance support systems and expand practical support activities going forward.

Reporter An Hyun, Legal News

※This article is based on content supplied by Law Times.