The Review·analysis and Improvement Measure on the Guide for the Operation of the Discretionary Working Hour System

On July 31, 2019, the ｢Guide for the Operation of the Discretionary Working Hour System｣ prepared by the Ministry of Employment and Labor is currently the only guideline for the introduction and implementation of the discretionary working hour system. Despite this guideline, the discretionary working hour system is not being effectively utilized in the labor field. There are several reasons for this. First, the current discretionary working hour system shows the limitations in forming a consensus among workers due to the lack of linkage between working hours and wages under the discretionary working hours system. Second, it is limited to tasks subject to the discretionary working hour system. The subject tasks to the discretionary work system are largely divided into six tasks, but in the case of workplaces implementing the discretionary work system, the types of business and occupations are extremely limited, and only those engaged in special tasks are allowed. Third, since the scope of guaranteeing discretion is limited to the discretion of workers, difficulties and limitations arise for departments or teams to implement the discretionary working hour system. In addition, the ｢Guide for the Operation of the Discretionary Working Hour System｣ presents the examples regarding not giving specific instructions on ｢means of performing work｣ and not giving specific instructions on ｢working hours｣, but there is a limit to judging discretion by not providing specific criteria and being ambiguous. To address these issues, the following improvement measures may be suggested under the Guide for the Operation of the Discretionary Working Hour System. First, it is important to shift the perception that the discretionary working hour system allows workers to manage their own working hours at their discretion while receiving reasonable compensation if their deemed working hours are exceeded. Second, there shall be a clearer connection between industry requirements and the specific tasks subject to the discretionary working hour system, with an emphasis on expanding the scope of tasks eligible for discretionary working hours. Third, when tasks are performed within an organizational unit, such as a department or team, discretion shall be evaluated at the organizational level. The unit responsible for making these judgments shall be a separate committee that is neutral and fair. Finally, in cases where a written agreement exists between the employer and the worker's representative, the agreement shall include provisions to secure workers' health rights.