Tardiness Early Leave, Absenteeism Weekly Holiday Allowance Wages Deduction? 주휴수당
The standard labor contract of the Ministry of Employment and Labor lists only the items that must be written in the law.
For this reason, there is no mention of situations that may arise during work.
for example,
When leaving the company, the resignation letter must be submitted one month in advance.
Wages are absolutely confidential, and any violation of this will result in all penalties.
In particular, I often see a rule that says, ‘If you leave work 3 times late or early, it is counted as one absence from work’.
Will this rule really work?
There are basic absolute principles of labor law.
‘No work, no pay’ No wages are paid to those who do not work.
No wages are paid during non-working hours.
When an employee is late for work or leaves early, it may mean that the working hours written in the employment contract have not been met.
It’s the same whether you’re not on time for work or you haven’t been on time for work.
In this case, according to the absolute principle of the Labor Law, wages should not be paid for the hours not worked.
What would happen if an employee who went to work from Monday to Friday was late for 30 minutes for 3 consecutive days and treated it as one absence from work?
This employee is entitled to overtime pay for the week late.
Conditions for receiving holiday pay 쉬운남자
Working more than 15 hours per week
Working days per week (including late and early leave)
Must be scheduled for work next week
It is not absent from work at all, but rather late, so it is possible to receive vacation pay.
Since I was late three times for 30 minutes each, the hourly wage for 1 hour and 30 minutes will be deducted from my salary.
However, if ‘three tardies are counted as one absence from work’, the employee cannot receive vacation pay for that week.
It was because he was unable to work the prescribed working days per week.
Also, if one day is absent from work, one day’s pay is not paid.
In other words, you lose two days’ wages.
In other words, it is unreasonable for an employee to reduce wages beyond the actual hours not worked, and treating three tardies as one absence is not effective even if an agreement is reached with the employee.
However, you may be able to remind the staff not to be late.
In conclusion, there is no specific set of late or early departure times under the Labor Standards Act.
However, wages may not be paid for hours that a worker is not able to work due to being late or leaving early for personal reasons, and adjustments can be made according to reasonable regulations provided by the company.
Also, even if there is a tardy or early departure, it is not treated as absenteeism under the Labor Standards Act, and it is possible to not pay the average daily wage by treating 3 early departures as 1 absence according to the regulations. cannot be detrimental to
Wages for late arrivals, early departures, and going out should be deducted from the daily rate, but not by more than the actual hour by unit of time, in the morning or in the afternoon, or per day.
In other words, if there is a provision in the employment rules that three tardies are treated as one absence from work, it is against the Labor Standards Act.
For young people who are working part-time for the first time in their lives, ‘weekly holiday allowance’ is a concept that you must be aware of. Weekly holiday pay refers to a system in which workers who work 15 hours or more per week are given one paid day off per week.
In this regard, the labor contract must be drawn up correctly, but if you are not sure, you may not be able to receive the vacation pay you should be entitled to due to the incorrect drafting of the employment contract. If you are working part-time, please read it, and I hope that the boss will not be penalized for writing the employment contract incorrectly.
index
1. Weekly holiday allowance payment standards
2. Weekly holiday pay calculator
3. Points to note when drafting an employment contract
4. Those who did not receive weekly holiday pay: retroactively applicable for 3 years
5. Clean up
1. Weekly holiday allowance payment standards
Weekly vacation pay is earned when you work 15 hours without absence. If you have worked diligently for more than 15 hours without absenteeism, you are given one day of paid leave for hard work. (Applicable only to 40 hours) If you work 7 hours a day on Saturdays and Sundays, it is 14 hours, so there is no weekly holiday pay.
1) Weekly holiday allowance for 2022
Assume that you are paid minimum wage.
① 9,160 won * 15 hours = 137,400 won
② Weekly holiday allowance (average daily salary) = 27,840 won
③ Weekly final salary = 137,400 won + 27,840 won = 164,880 won
2) If you do not receive holiday pay
Holiday pay is paid when full-time work is completed. If you have signed a contract to work 5 days a week, but you miss one day due to circumstances, you will not be entitled to weekly holiday pay.
However, tardiness has nothing to do with vacation pay. This is a bit embarrassing for the bosses. Even if you are habitually late, you will be entitled to a weekly holiday allowance unless you are absent from work.
3) Hourly wage including weekly holiday pay
If the working day is flexible in the first place, the hourly wage including overtime pay is set from the beginning. In this case, it’s not much of a problem.