Announcement of Amendments to the Labor Standards Act on Paid Annual Leave for Employees with Less Than One Year of Service
A change in the expiration period of paid annual leave (11 days) for employees with less than one year of service
- The existing act prescribes that paid annual leave expires if it is not used within a year from the date of occurrence. However, the amendment is that the paid annual leave*, which occurs in less than one year of employment, expires when it is not used within a year from the date of employment.
- * Accumulated paid annual leave credits for employees with over 1 year of service occur depending on the previous year’s attendance rate “after the end of one year of service”. However, paid annual leave for employees with less than one year of service occurs monthly for every 1 month of service with a full attendance rate.
→ All 11 days of paid annual leave that occur during a period of less than one year of service shall be used within the first year, but in the second year, only 15 days of paid annual leave shall be used.
- * Currently, paid annual leave expires after 1 year from the date of occurrence → All 26 days of paid annual leave can be taken at once in the second year of service.
| Current | Paid annual leave expires when unused within one year of the date of occurrence
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| Amendment | Paid annual leave for employees with less than 1 year of service expires when not used within one year from the date of employment
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Establishing a new system to promote the use of paid annual leave for employees with less than 1 year of service and employees with an attendance rate lower than 80%.
- To enable employers to promote the use of annual leave in accordance with the law,
- If paid annual leave is expired because it is not used by employees despite the promotion of the use of paid annual leave in accordance with the law, the obligation to compensate for the unused annual leave is exempted.
< Procedures for Promoting the Use of Paid Annual Leave According to the Amended Act (Based on the Fiscal Year) >
<1st Promotion of Use> (Employer → Employee) Notice of unused days of paid annual leave and request for designation and notification of the use date |
((Employee →Employer) Designation and notification of the use date |
<2nd Promotion of Use> (Employer → Employee) When the use time is not notified by an employee, the employer designates and notifies of the use time |
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Employees with over 1 year of service *Including employees with less than 80 days of attendance rate under the amended act. |
01 – 10 July (For 10 days, Before 6 months) |
Within 10 days from the date of being given notice | Until 31 October (Before 2 months) |
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Employees with less than 1 year of service |
9 days of paid annual leave | 01 – 10 October (For 10 days, Before 3 months) |
Within 10 days | Until 31 November (Before 1 month) |
| 2 days of paid annual leave | 01 – 05 December (For 5 days, Before 1 month) |
Within 10 days | Until 21 December (Before 10 days) |
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<1st Promotion of Use> (Employer → Employee) Notice of unused days of paid annual leave and request for designation and notification of the use date |
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Employees with over 1 year of service *Including employees with less than 80 days of attendance rate under the amended act. |
01 – 10 July (For 10 days, Before 6 months) |
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Employees with less than 1 year of service |
9 days of paid annual leave | 01 – 10 October (For 10 days, Before 3 months) |
| 2 days of paid annual leave | 01 – 05 December (For 5 days, Before 1 month) |
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| ((Employee →Employer) Designation and notification of the use date |
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Employees with over 1 year of service *Including employees with less than 80 days of attendance rate under the amended act. |
Within 10 days from the date of being given notice | |
Employees with less than 1 year of service |
9 days of paid annual leave | Within 10 days |
| 2 days of paid annual leave | Within 10 days | |
<2nd Promotion of Use> (Employer → Employee) When the use time is not notified by an employee, the employer designates and notifies of the use time |
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Employees with over 1 year of service *Including employees with less than 80 days of attendance rate under the amended act. |
Until 31 October (Before 2 months) |
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Employees with less than 1 year of service |
9 days of paid annual leave | Until 31 November (Before 1 month) |
| 2 days of paid annual leave | Until 21 December (Before 10 days) |
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※ For more information, please visit the website of the Ministry of Employment and Labor(http://www.moel.go.kr)
Source and Inquiries: Ministry of Employment and Labor
TEL. 044-202-7073