|▲ Security guards are classic examples of surveillance and intermittent employees who are often not paid overtime and holiday work allowances.(Jeong Ki-hoon/Korea Daily Labor News)|
A building maintenance and security service supplier to the GBSA Start-up Campus, a public institution funded by the Gyeonggi provincial government located in Pangyo, Gyeonggi Province created a controversy when it released a plan to change the employment contract of building maintenance and security employees to surveillance and intermittent work. It is understood that the move was closely related to enervate the effect of the minimum wage hike.
Surveillance and intermittent works are classic examples of the inclusive wage system that fixed wages are paid, owing to the difficulty specifying working hours. In accordance with the Article 63 of the Labor Standards Act (exceptions to application) as to working hours, recess and holidays, with the approval of Employment and Labor Minister the regulated provisions are not applied to surveillance and intermittent work. Working hours are not limited, nor the pay of overtime allowance and additional holiday work allowance and paid weekly holiday allowance are obligated to the employer. The statutory exception clause makes 'unpaid overtime work' possible without violating the law.
On Jan. 12, the service supplier concerned reportedly applied for the permission to recognize their case in pursuance of exceptions from Employment and Labor Minister, and on Jan. 19, the Seongnam Local Employment and Labor Office visited the workplace to inspect the requirements on working hours, employment contracts and recess facilities.
reported by Lee Eun-young
translated by Kim Sung-jin
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