Work & pay
New right to take annual leave in hourly units from 10 June 2027; break-time choice for four-hour shifts from 10 December 2026
The amended Labor Standards Act (Act No. 21784), passed by the National Assembly on 7 May 2026 and promulgated on 9 June 2026, creates a new right for workers to request annual paid leave split into hourly units. Employers who refuse face up to two years' imprisonment or a fine of up to 20 million won. The leave provisions take effect on 10 June 2027; the break-time change for four-hour shifts starts on 10 December 2026.
What changes
Until now the Labor Standards Act assumed annual leave was granted in whole days. Half-days and quarter-days were not a statutory right — they depended on company rules or custom, and an employer could simply say no. The amendment obliges employers to grant leave when a worker requests it split into the hourly units and day ranges to be set by Presidential Decree.
Penalties give the right teeth. An employer who violates the provision, for example by refusing a valid hourly leave request, faces up to two years' imprisonment or a fine of up to 20 million won. Separately, disadvantaging a worker — through pay cuts or adverse personnel decisions — for requesting or taking leave is prohibited, punishable by a fine of up to 5 million won.
Break rules change as well. Previously a four-hour shift required at least 30 minutes of break during work. Under the new proviso to Article 54, where working hours are four hours and the worker expressly requests not to take the break, it need not be given — meaning you can clock out immediately rather than sitting out 30 minutes first. This clause takes effect six months after promulgation, on 10 December 2026, while the annual leave clauses take effect one year after promulgation, on 10 June 2027.
Who this applies to
- Every worker who accrues annual paid leave: those at workplaces with five or more regular employees who attended at least 80% of the year, and those with under a year of service who accrue monthly leave for full attendance.
- Nationality and visa status are irrelevant. Article 6 of the Labor Standards Act bars discrimination in working conditions based on nationality, so foreign workers get the same hourly-leave right and the same protection against retaliation.
- Workplaces with four or fewer regular employees are outside the annual leave provisions altogether, so this amendment does not reach them directly.
- Part-timers and casual staff working four-hour shifts are the direct beneficiaries of the break-time change from 10 December 2026.
- Employers and HR need to revise the leave-unit clause in their work rules, reconfigure the minimum booking unit in attendance systems, and set up a procedure for break-waiver requests.
What to do now
- 1Until 10 June 2027, your company's existing rules on leave units still govern. If half-days are not allowed today, they remain not allowed until the effective date.
- 2Employers and HR should check now whether their attendance software supports hourly entry. Reconfiguring in time for the effective date takes months, not weeks.
- 3From 10 December 2026, if you want to leave straight after a four-hour shift, you must make an express request through whatever written or digital procedure your employer sets up. A verbal request is hard to prove in a dispute.
- 4The exact unit (whether one hour at a time) and the annual day range are delegated to Presidential Decree and not yet fixed. Watch for the Ministry of Employment and Labor's decree consultation before finalising internal rules.
- 5If you are penalised in a performance review for taking leave, that becomes punishable after the effective date, so keep records of the evaluation criteria and the disadvantage you suffered.
Commonly misunderstood
- Effective dates are reported inconsistently. Per the National Law Information Center the break provision starts 10 December 2026 and the leave provisions 10 June 2027. Some sources state 9 December and 9 June by not adding the extra day.
- Hourly leave does not increase your entitlement. It lets you slice up the leave you already have; the total number of days is unchanged.
- The break waiver applies only where working hours are four hours and only when the worker asks first. It is not a basis for an employer to abolish breaks unilaterally.
Official sources
The links below are official government publications. This page summarises them; always check the original before filing or applying.
- 고용노동부(참고) 연차휴가 분할 사용 등 노동자 휴식권 보호 강화
- 법제처 국가법령정보센터근로기준법 제정·개정이유 (법률 제21784호, 2026-06-09 공포)
- 대한민국 정책브리핑 (문화체육관광부)이제 연차도 '시간 단위'로 사용…노동자 휴식권 보호 강화
Verified on: 2026-08-24
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This page explains a policy change and is not legal advice. Confirm how it applies to your situation with the responsible agency.