Rules of Employment

Rules of employment are regulations established to set working conditions and standards of conduct at a place of business, and they carry normative force in determining those working conditions.

Together with the employment contract, they serve as a benchmark for assessing working conditions, and they function as a standard norm that applies equally to all workers at the place of business.

Their provisions also operate as the standard governing the employment relationship, and working conditions such as working hours, wages, leave, and standards of conduct are administered through the rules of employment as common standards across the workplace.

Where their content is less favorable to workers than the standards set by statute or a collective agreement, however, that portion has no legal effect.

Rules of employment must be prepared at any place of business that ordinarily employs 10 or more workers, and once prepared or amended, they must be filed with the Ministry of Employment and Labor.

The mandatory contents relate directly to workers' basic working conditions, and where these matters are not clearly set out, the likelihood of a dispute over working conditions can rise.

Depending on how a place of business operates, the rules may also include various provisions beyond the items above.

These provisions should be set out in detail according to a company's HR management policy and reflect the workplace's operating environment and working conditions.

Working hours and rest periods are among the most basic matters to be set out, and the statutory working hours under the Labor Standards Act are as follows.

On this basis, the rules set the standards for starting and finishing times, rest periods, overtime, and similar matters.

The rules also cover the determination, calculation, and payment of wages.

Wages must be paid directly to the worker in full and in currency, on a fixed payday.

For overtime, night work, and holiday work beyond the statutory working hours, premium pay must be paid according to the standards set by law.

Accordingly, the following matters are set out in detail in connection with how wages are paid.

By setting these standards clearly, a company can apply consistent wage payment standards across the entire workplace.

Under Article 60 of the Labor Standards Act, annual paid leave accrues as follows.

Accordingly, a company needs to set out in detail the procedure for using annual leave, the method for requesting leave, and related matters.

To prevent workplace harassment, the following provisions are commonly included.

This provision is a system designed to protect the working environment at the place of business.

Disciplinary provisions to maintain order among workers are also included.

Disciplinary provisions set the standards for the measures applied when a worker breaches the rules of the workplace, and they are important provisions that shape the HR management standards of the business.

Matters concerning grounds for discipline and disciplinary procedure are set out together, and these standards allow the criteria and procedure for disciplinary action to be applied consistently within the workplace.

Standards of conduct are the criteria for maintaining workplace order, and they cover matters such as attendance management and how work is performed.

Standards of conduct like these serve to maintain order in the workplace and to set out the basic standards of behavior that workers should follow.

Here, an unfavorable change means a change to working conditions that leaves workers worse off than before.

Whether a change to the rules amounts to a disadvantageous change is determined by weighing the following factors together.

To address labor-related legal issues that may arise as a company operates, Daeryun Law Firm brings together corporate attorneys, labor consultants, and attorneys who focus on administrative matters to review rules of employment and advise on their amendment.

We examine the workplace situation alongside the applicable labor laws to assess legal compliance and, where needed, provide practical support that extends through the amendment procedure and the filing process.

We also review provisions and advise on operations for companies that need to update their rules of employment in step with changes in labor law or in personnel management standards.

If you need legal review during the drafting, amendment, or operation of your rules, please confirm the details through 🔗a corporate attorney legal consultation booking.