The overseas labor workforce in Korea has continued to increase on an annual basis and is regarded as one of the key sources of manpower for the industrial and manufacturing sectors. However, in order to safeguard the lawful rights and interests of workers, the competent authorities are required to coordinate with the Government in establishing appropriate policies and regulatory mechanisms governing working hours. Pursuant to the Labor Standards Act (LSA), adult workers are permitted to work up to eight (08) hours per day and forty (40) hours per week, with a statutory rest period of approximately thirty (30) minutes. In practice, most workers work five (05) days per week, with standard working hours typically running from 9:00 a.m. to 6:00 p.m. In recent years, the Government of Korea has intensified discussions on reforming working-hour regulations and promoting a better work–life balance in order to address issues related to excessive working hours and workforce stress. These efforts are intended to improve workers’ quality of life, enhance productivity, and foster a more efficient and sustainable working environment.

1. Legal provisions on working hours of employees under the labor standards Act (LSA):

Pursuant to Article 50 of the Labor Standards Act (LSA), the standard working hours shall not exceed eight (08) hours per day and forty (40) hours per week. Working hours are defined as the period during which the employee is placed under the direction and supervision of the employer, including any time spent preparing for work where the employee is not free to use such time at their own discretion. In addition, the employer may request overtime work in accordance with the provisions of the LSA and other applicable laws; however, pursuant to Article 51 of the LSA, the total working hours, including overtime, shall not exceed forty-eight (48) hours per week within a two-week reference period. Furthermore, under Article 52 of the LSA, overtime work is permitted only within a cycle not exceeding three (03) months, and the employee’s total working hours shall not exceed fifty-two (52) hours per week or twelve (12) hours per day.

2. There is a policy trend toward reducing working hours

Although no specific policy has been officially promulgated for 2025, the Government and relevant stakeholders are currently discussing the following perspectives:

• Implementation of a 4.5-day workweek—representing a reduction in standard working hours compared to the conventional five-day, 40-hour workweek. This initiative has been piloted by Gyeonggi Province and several companies, accompanied by financial support from the authorities to facilitate the reduction of weekly working hours.
• The commitment of President Lee Jae-myung and social partners to pursue a long-term reduction in working hours—including a prospective target of lowering the standard working week to 36 hours in the future.

3. Implications for Vietnamese workers in the manufacturing sector in Korea

Vietnamese workers, particularly those employed in the manufacturing, fabrication, component production, and electronics sectors, constitute a significant portion of the workforce engaged in positions that involve extended working hours, including overtime in certain cases. The proposed changes and emerging trends in Korea’s overtime regulations for 2025 are expected to affect this group as follows:

a) Direct income derived from overtime work

Many manufacturing workers perform overtime work in order to increase their income. With the statutory minimum hourly wage having been raised to KRW 10,030 per hour as of January 1, 2025, Vietnamese workers will benefit from the calculation of both regular wages and overtime wages based on this new minimum wage level.

Accordingly, overtime work will result in higher additional earnings compared to previous periods (for example, at 1.5 times the base hourly wage). This serves as an important incentive for Vietnamese workers to engage in the manufacturing sector, where overtime work is commonly required at the end of shifts or during peak production periods.

b) Workload pressure and risks arising from overtime hour limitations

The statutory limit of 12 hours of overtime per week (or a total of 52 working hours per week, including regular hours) establishes a clear legal ceiling. This framework both safeguards workers’ health by preventing excessive or continuous overtime and creates operational pressure for manufacturing enterprises that require additional labor during peak production periods in the event of workforce shortages.

Vietnamese workers employed in factories may therefore encounter the following situations:

– Workers may not be permitted to perform overtime beyond the statutory limit, which could result in lower expected income where the employer strictly complies with the regulations.

– Where an enterprise seeks to extend overtime hours to meet production demands, it must negotiate with and obtain the consent of the employees in order to remain in compliance with the applicable legal requirements.

4. Conclusion

The proposed overtime policy for 2025 in Korea does not constitute a ‘revolutionary’ reform such as the complete removal of working-hour limits or a fundamental alteration of employee entitlements. Rather, the reform focuses on strengthening the legal framework for worker protection, maintaining overtime within a controlled statutory limit, promoting work–life balance, and adjusting the basic wage structure. These changes are expected to provide Vietnamese workers with opportunities for higher income through increased wage levels and legally guaranteed overtime compensation, while simultaneously establishing clear legal limits to safeguard workers’ health and labor rights.

In the manufacturing sector, where overtime work frequently arises due to high production demands, Vietnamese workers will experience both the benefits of higher income and the pressure of complying with statutory working-hour regulations. This framework contributes to a more sustainable labor environment, while also requiring workers and employers to engage in negotiation and to maintain a sound understanding of Korea’s labor laws.

5. About NYLA – Korean Legal Office

■ NYLA – Your Trusted Legal Partner in Korea

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