Overtime is defined as all hours worked in excess of 8 hours per day and 40 hours per week. An employee can work a maximum of 12 hours of overtime per week. Whether an employee is excluded from entitlement to overtime pay does not necessarily depend on his or her title. An employer is not required to pay overtime to an employee who: If hours are averaged over two or more weeks using a flexible work schedule, overtime is defined as hours worked that employees bring in an average of more than 40 per week. If there is agreement between the parties, the working time may be extended up to 12 hours per week. Employees working in land transport (except bus companies), maritime transport, air transport or other transport services (e.g. parcel delivery) and in the health sector are allowed to work more than 12 hours of overtime per week. The standard workday is 8 hours and the standard work week is 40 hours without breaks. For the calculation of working time, the waiting time is calculated. Although an employee works under the direction and supervision of the employer, this is considered working time. If an employee requests maternity leave for any reason, such as miscarriage or stillbirth, the employer is required to allow her to split the leave and take part of it at any time before the birth.
In these cases, the postpartum leave is 45 consecutive days or 60 days if you are pregnant with more than one or more children. For example, even if the total weekly working time is 35 hours and an employee works 10 hours per day, he or she must pay overtime for 2 hours of overtime. If the Public Prosecutor`s Office decides to file an indictment with the court and continues the criminal proceedings, formal criminal proceedings are provided. The Public Prosecutor`s Office is obliged to provide the court with all relevant evidence gathered during the investigation. The law does not set a timetable for the presentation of evidence in court. In South Korea, there are usually several hearings: the process does not take place in one or two sessions, but in several sessions. For a foreign national charged with drug offences or crimes, for example, there are usually one to three hearings to discuss the case. The length of the judicial proceedings depends in part on the number of other cases brought before that court. Since trial dates are usually spaced at least two to three weeks apart, the case can take several months. If you are not detained during the trial, trial dates are usually four weeks apart. If you confess to the crime(s), the trial is usually limited to one session. A verdict is usually rendered within one month of the final date of the hearing, although in some cases it may take longer.
When meeting with a consular officer, please inform them if the South Korean authorities have not informed you of your right to request that Canadian authorities be informed of your arrest or detention, or have denied you the right to communicate with or have access to a Canadian consular officer at any time. Overtime is any overtime that exceeds 8 hours per day and 40 hours per week. Any work is overtime if it exceeds 8 hours per day, whether the weekly working time exceeds 40 hours or not. The Ministry of Employment and Labour may conduct audits to ensure compliance. Employers should implement a system to monitor the number of hours worked by their employees each week (especially for employees who work remotely) and require employees to obtain approval before working overtime. According to PLOS ONE`s research article The Negative Impact of Long Hours on the Mental Health of Young Korean Workers, one of the causes is the bad manners associated with overtime, such as increased alcohol consumption and lack of physical activity. In addition, employees who work longer hours may not have time to receive proper medical treatment if they become ill. In addition, working for long periods can cause high blood pressure, diabetes, and metabolic syndrome, and is associated with ischemic heart disease, stroke, and increased mortality (Park 2020). But these paid holidays represent only 40% of the normal salary. As a rule, if the mother works, she will take care of it, while the father will continue to work full-time. Article 10 of the Law on Maternal and Child Health allows pregnant women to take paid leave for medical examinations. In the case of a written agreement between the employer and workers` representatives, an employer may grant an exemption instead of paying a public holiday instead of paying wages.
Amendments to the Labor Standards Act of 2018, § 55 and 56, E.O. 30509, March 3, 2020, amended other laws, regulations on public holidays in government offices (abbreviated: regulations on public holidays) The maximum number of hours per week is 52, consisting of 40 regular hours and 12 hours of overtime. This work week currently applies to all employers with 50 or more employees. Starting at 1. July 2021, this also applies to employers with 5 to 49 employees. Employers with fewer than 5 employees are still exempt from this provision. Although bail is not usual in the South Korean legal system, you have the right to apply for it. Bail is rarely granted to persons accused of serious crimes or foreigners accused of crimes.