Suneung is over. What do you want to do? "Overwhelming number one." Part-time job... Current Labor "Not Applicable to 52 Hours a Week"

YTN Radio (FM 94.5) [YTN News FM Wise Radio Life]
□ Broadcast Date: November 14, 2024 (Thursday)
□ Host: Announcer Lee Hyun-woong
□ Castor: Kim Hyo-shin, Labor Minister

* The text below may differ from the actual broadcast content, so please check the broadcast for more accurate information.

◆ announcer Lee Hyun-woong (hereinafter referred to as Lee Hyun-woong): It's Labor Law Aldonno Time, which makes money to know. It's time to be with Kim Hyo-shin, a labor attorney at the Pine Labor Law Office. The results show that the overdue wages of youth workers are increasing every year. If you look at the data received from the Ministry of Labor yesterday by Jang Chul-min of the Democratic Party of Korea. The number of teenagers who have been behind on wages is increasing every year, and despite these findings, the government has drastically cut the youth labor rights protection budget from next year's budget. Let's look at the actual conditions and solutions of youth workers among the weak. It is connected by Kim Hyo-shin's image of labor. Hello, labor attorney.

◇ Kim Hyo-shin, a labor attorney (hereinafter referred to as Kim Hyo-shin): Yes, hello. I'm Kim Hyo-shin.

◆ Lee Hyun-woong: Today is representative of the weak in labor. We will look into the actual conditions and solutions of youth workers, but the government is coming up with measures to protect the weak. We are even preparing related laws. Teenagers can also work, is there an age limit or something?

◇ Kim Hyo-shin: We need to protect teenagers now. It can be classified as a labor underdog because it is in maturity. But they can't all work because they're teenagers. What is stipulated in this law is that those under the age of 13 cannot be used as workers, and those aged 13 to 15 can only be used as workers if they are issued a job permit. Continuous workers are under the age of 18. Then, if you are between the ages of 15 and under 18, you do not need a job license, and if you have a family relationship record and a creditor's agreement, you can sign a labor contract and use it as a worker.

◆ Lee Hyun-woong: Actually, from high school students, there seem to be friends who work on weekends, and there seems to be a reason why it's rare to see elementary school students below that, but I'm curious as I hear this. You said that under the age of 13 can absolutely not be used as a worker, but there are cases like child talent, children's advertising models. How can you work?

◇ Kim Hyo-shin: In fact, in the case of tellers and now advertising models for our children under the age of 13. The first one is not to enter into this labor contract. Now, either through a full-time contract or a freelance contract, it's completely out of the labor law. So, if you go to an area that is not protected by the labor right, there are no sanctions on these things, so you can just sign a contract, set the remuneration, and agree between the parties. By the way, the law says that young people under the age of 13 participate in our art performances, but children are there. If you participate in an art performance, you can get a job license and work only for him. Only for participation in art performances.

◆ Lee Hyun-woong: At the end of the year, there are a lot of performances like The Nutcracker and a lot of child performers, but if you want to participate in art performances, you can get a job license?

◇ Kim Hyo-shin: That's right. Employment license is subject to issuance.

◆ Lee Hyun-woong: Other than that, I can't absolutely use it as a worker?

◇ Kim Hyo-shin: You can't do it.

◆ Lee Hyun-woong: Okay. So what are the protective regulations that we call young workers?

◇ Kim Hyo-shin: Those under the age of 18 are called minor workers. This cannot be used for moral or health deferments or dangerous businesses. Now, for example. According to the Road Traffic Act, people under the age of 18 cannot obtain a driver's license. So, of course, you can't hire a driver's license in a job or industry that is restricted from obtaining it. And then in the Youth Protection Act. There are industries that prohibit the employment or entry of youth under the age of 18. You can't even use it as a worker for this. After that, they cannot work in prisons or mental hospitals, incineration, or slaughter. Now, almost a lot has disappeared in Korea, but working in this mine is also prohibited.

◆ Lee Hyun-woong: Suddenly, when I went to a part-time job on the site, I had to drive, but there was no one to do it. By the way, you're a minor worker, but how about ordering it for a while just because you know how to drive?

◇Kim Hyo-shin: Then both are punishments. It's a mistake to order, but it also applies to driving without a license by expressing that you can drive. Under the Labor Standards Act, employers are likely to violate the Labor Standards Act, which prevents them from engaging in the work, and punish them for driving without a driver's license.

◆ Lee Hyun-woong: Okay. And if you look at the semiconductor industry these days. Since competition is so fierce, bills that allow youth workers to work more than 52 hours a week are also being proposed, and is the 52-hour limit applied to youth workers like adult workers?

◇ Kim Hyo-shin: It's lower. I've reduced my working hours more. Adult workers are bound by the 52-hour limit. If adolescent workers can work in the same way as adult workers, they are not protecting them. So, this working hours are also very related to physical and mental fatigue, so the legal working hours are not allowed to exceed 7 hours a day and 35 hours a week for underprivileged youth workers who should be protected. Even if you are asked to work extra hours, you are allowed only 1 hour a day and 5 hours a week. So, in the case of youth workers and younger workers, the maximum working hours per week is only 40 hours. I'll tell you one more time here. Originally, I kept telling you that there is no limit on working hours in workplaces with less than four employees, and I told you that this is a little strange. For this younger worker, it applies naturally to workplaces with less than four employees.

◆ Lee Hyun-woong: No exceptions?

◇ Kim Hyo-shin: There is no exception.

◆ Lee Hyun-woong: Okay. As I told you earlier, the thing I want to do after the college entrance exam is to work part-time, but when I go to the site, I don't have enough experience and I don't know much, so I'm like, 'Did you not listen to it 52 hours a week? It's up to 52 hours a week. ’ There may be cases where you say that, but you're saying it's not, right?

◇ Kim Hyo-shin: That's right. Even in workplaces with less than four employees, the maximum working hours is 40 hours a week. Then, night work and holiday work are not possible in principle. Next, there is an important thing. After the college entrance exam, many part-time jobs are ranked first, but after the college entrance exam, they are divided into younger and adult workers. Young workers are under the age of 18, so friends who have not passed their senior year of high school will be young workers. I think so. Then, friends who are past their birthdays pay the same as adult workers.

◆ Lee Hyun-woong: Okay. I should also refer to that. And the problem is that I have this experience, but it is said that teenagers are increasingly unpaid wages after working part-time, although not as teenagers. I feel a little bad, but what are the cases when I see them on the spot?

◇Kim Hyo-shin: In fact, when you look at the scene, they push it very strongly to teenagers because they are adults. There are a lot of things that make teenagers feel discouraged like this through gushing. Among them, if we talk about severance pay, it's a part-time job, but they say there's no severance pay. But as I always tell you, the retirement benefits are now paid to teenagers who work more than 15 hours a week, work more than 52 weeks, and leave the company, regardless of whether they are adults, part-timers, or full-time contract workers. The method of calculating the severance pay is just a little different, but you have to pay the severance pay. And most of our youth's part-time jobs don't do it full-time, but everyone does it part-time. It's part-time, and now you're going to pay for it as an hourly wage. Take out a lot of weekly holiday pay from that hourly wage.

◆ Lee Hyun-woong: I know.

◇Kim Hyo-shin: Since it's the hourly wage multiplied by the total working hours for the month, you also have to pay this weekly holiday allowance if you work for more than 15 hours. So, if you ask for something about this, you'll be discouraged because you're rude and talk about it a lot. I'm reluctant to report it, and I still don't know the world well, so I think it's real if I say that, and then I just move on and don't report it because of those young minds who want to continue my job.

◆ Lee Hyun-woong: When I look back on my experience, there were things like whether I could get the weekly holiday allowance and retirement allowance that I told you. If you fill the 10 percent, 20 percent, and 30 percent of your original wages for three months, you can get a normal salary. In these cases, I think this is unfair, but since I said that, let's hold it for three months. There are cases like this. What do you think about this?

◇Kim Hyo-shin: In fact, even if we take care of it now, we can't apply a reduction in simple labor jobs. However, even if you can apply a 10% reduction from the minimum wage applied to the reduction, you can reduce it by 10% only if you sign a contract for more than a year, not just a simple labor job, and have three months of probation. Just because you're a part-timer, you shouldn't give only 6,000 won or 7,000 won during the probationary period. That would be a violation of the minimum wage law. If you don't punish the victim because you can't punish him because he's against the will of the victim, you won't get a fine.Ma is not an anti-intentional penalty for violating the minimum wage law. It's just a crime.

◆Lee Hyun-woong: Actually, it's a topic that we've covered many times through this Aldonno time, so the viewers know, but today is the CSAT day, so if I tell you about it in the sense of looking at important things again with the CSAT special, there are many cases like this. I'm going to quit now because I have to start working part-time and go to college next year after the college entrance exam, but I said, 'You should have told me to quit early. How can you tell me now? What are we supposed to do? ‘ What do you think about this?

◇Kim Hyo-shin: Actually, quitting is now the freedom of workers, so there are things you can quit anytime. However, according to the civil law, we have to let you know 30 days in advance. So, there is no provision in the Labor Standards Act that says when to inform you, so if you go back to the civil law and try to leave the company, you will be notified 30 days in advance, but if the situation turns urgently, you can't do that. The most important thing is to tell the business owner about my situation and ask for his understanding. Young people actually don't want to say that, so they quit right away. There are many cases where you don't keep your trust. Instead, the date of resignation should always be adjusted. Of course, there are legally guaranteed rights, but wouldn't it be a beautiful society only when they all understand each other?

◆ Lee Hyun-woong: If you want to go out, you have to introduce a friend to replace you. What about this case?

◇ Kim Hyo-shin: You should follow the law. If you find a friend and say you can't quit until your successor comes, wouldn't that be forced work? You only have to show a certain level of goodwill, but you can't accept it indefinitely.

◆ Lee Hyun-woong: Okay. Other than the questions I asked, I'm sure you've heard a lot of difficulties and concerns about youth part-time jobs. Is there anything you want to emphasize?

◇ Kim Hyo-shin: There are a lot. I don't have time, but I'll just tell you one thing. Our youth workers actually don't know because they haven't had the opportunity to access this law. There is a place called the Youth Labor Rights Center because I don't know whether it's right or wrong and I can't judge it well. You can search on the Internet for this, so search the Youth Labor Rights Center and call, kakaotalk, e-mail, or other ways to get counseling first. Counseling is free.

◆ Lee Hyun-woong: Okay. I think it'll help a lot. I hope today's stories will be conveyed to teenagers who are preparing for many part-time jobs through the Internet or re-listening. "Fan ID" said, "I'm sending you the correct answer by listening to your hint. Thank you to the labor attorney who always tells me stories related to labor. That's what she said.

◇Kim Hyo-shin: Yes, thank you.

◆ Lee Hyun-woong: Dear listener, 'Why don't you change it to Aldoni, not Aldono, because you just know this time that gives you such meaningful information? ’ That's what they say. So many people are sending their opinions, but we're always open. That's all for today. So far, we've been with Aldonno Kim Hyo-shin, a labor attorney. Thank you.

◇Kim Hyo-shin: Thank you.