Advisory Case on the Criteria for Granting Rest Periods When Taking a Half-Day (4-Hour) Leave

1. The Client's Situation

The client operated a half-day leave system, both morning and afternoon, for employees with differing work patterns, and a difference in internal interpretation arose as to whether the break time (12:00-13:00) applied when a half-day leave was used, depending on the working-hours pattern. In particular, where a worker using afternoon half-day leave left work after four consecutive hours of work, whether the company had an obligation to provide the statutory break time became the issue.

Based on Article 54 of the Labor Standards Act, which requires that a break of at least 30 minutes be provided during working hours when work lasts four hours or more, Your Legal Team clarified that the obligation to provide break time is not exempted even when half-day leave is used. In particular, we advised that where break time is not included within the morning or afternoon half-day leave period, a separate 30-minute break must be designated in accordance with the statutory standard. We also presented reasonable standards for providing break time by adjusting the start and end times of work according to each working-hours pattern.

In accordance with the advice, the client established work-operation guidelines that separately provide a 30-minute statutory break even when working on half-day leave, and was able to prevent the risk of violating the Labor Standards Act by revising its work schedule and attendance-management system. Through this, the client secured consistency in personnel management and established a work system that conforms to the standards for worker protection.