Workers were forced to use their leaves.
28 minutes ago
On March 18, the civic group Workplace Power Trip 119 stated that, ahead of BTS’s comeback concert on March 21, they have been receiving reports that companies near Gwanghwamun are forcing employees to use their annual leave.
This includes cases where employees are pressured to take a half-day off on Friday afternoon, or employees who are scheduled to work on Saturday are told not to come in. An employee complained that they were notified of the leave. The leave is deducted from their regular quota rather than being given an extra one, causing dissatisfaction.
“I work at a company near Gwanghwamun, and suddenly an announcement was made telling all employees to take a half-day leave on Friday afternoon. They said the office has to close because of the BTS concert. Can a company force employees to use their leave like this?”
Workplace Gapjil 119 explained that it violates principles as workers have a right to decide when they want to use their leaves.
“The fundamental principle of the Labor Standards Act is that the timing of annual leave is determined by the worker. Requiring employees to collectively use their leave on specific dates due to company circumstances does not align with the intent of the law and may constitute a violation.”
Even in workplaces with fewer than five employees, where standard annual leave regulations may not fully apply, if annual leave policies are stipulated in company rules or employment contracts, they must still be followed. If a company forces employees to take leave in violation of these rules, workers can file a complaint with the local labor office. If found in violation of the Labor Standards Act, employers may face up to two years in prison or a fine of up to ₩10.0 million KRW (about $6,720 USD).
If employees who are scheduled to work on Saturday are told not to come in, it is not considered leave due to the employee’s fault, meaning they may be entitled to suspension (shutdown) allowance. However, this does not apply to workplaces with fewer than five employees or to freelance contracts.
“If labor law violations such as forcing annual leave or shutdowns occur because of BTS’s comeback, the meaning of the festival will be diminished. In particular, workers in blind spots of labor law, such as small workplaces, freelancers, and platform workers, may not even be able to claim shutdown allowances, so stronger protection of the right to rest is necessary.”