Resting facilities are facilities that workers can use during breaks
to relieve physical fatigue and mental stress
and include rest areas such as outdoor shade as well as indoor rest facilities
The employer shall manage the rest facilities comfortably
with appropriate furniture and equipment so that workers can rest
Rest facilities must be installed in all businesses from August 18, 2022
In accordance with Article 128-2 (1) of the Occupational Safety and Health Act
rest facilities must be installed in all businesses regardless of the type and size of the project from August 18, 2022
In accordance with attached Table 21-2 of Article 194 (2) of the Enforcement Rules of the Occupational Safety and Health Act
part of the standards for the installation and management of rest facilities shall not be applied in the following cases
In cases where the total area for exclusive use of the workplace is less than 300 square meters
it is difficult to have rest facilities indoors due to the nature of work
such as irregular workplaces or no electricity are excluded from standards of Articles 1 and 2
In cases where simple rest facilities such as shade screens are installed are excluded from the standards under Articles 3 through 6
and in cases where rest facilities are installed on ships under construction are excluded from the standards of Article 4
Even if you only use office workers who work in the office
rest facilities should be installed to ensure free rest during breaks
However, if you can rest peacefully without any interference and disturbance in the workplace during the break
you do not have to install a separate rest facility for office workers
Even in this case, it is limited to only when the rest and work time can be strictly separated
and if the break is disturbed by phone calls, intermittent visits by work personnel, etc., even temporarily
a separate rest facility should be installed
The employer refers to a person who employs a worker
and is obligated to install rest facilities that workers can use during their breaks
Special types of workers who do not enter into labor contracts are excluded
Here, the break time means the break time stipulated in Article 54 of the Labor Standards Act
According to Article 54 of the Labor Standards Act, employers must give at least 30 minutes of rest time for four hours of work
and at least 1 hour of rest time for eight hours of work to workers during the work time
and workers must be able to use this break freely
If a contract is signed, all of the contractor, that is, the employer, the contractee, and the related contractee must install rest facilities
and are obligated to comply with installation and management standards
A contractor refers to a business owner
who contracts for the manufacture, construction, repair, or provision of services of goods
except for those who placed an order for construction work
A contractee refers to a business owner
who has contracted from a contractor to manufacture, construct, repair, or provide services
A related contractee refers to all the business owners
who have been contracted at each stage if the contract is concluded at several stages
According to the provisions of Industrial Accident Prevention Measures under Contract,
the contractor must provide a place necessary for the installation of rest facilities
wash, bath facilities, laundry facilities, changing facilities, and sleeping facilities,
or cooperate to use sanitary facilities installed by the contractor when the related contractee works at the contractor's workplace
Penalties of up to 15 million won will be imposed for violations
with the first 5 million won, the second 10 million won, and the third 15 million won
Let's find out how to install rest facilities
First, for sizes, there are minimum floor area and height up to the ceiling
The floor area of the rest facility shall be at least 6 square meters
and for the joint rest facility, the minimum floor area shall be 6 square meters multiplied by the number of businesses
And the height from the floor to the ceiling of the rest facility must be at least 2.1m at all points
Joint rest facilities refer to cases in which the employer of a workplace obligated to install rest facilities installs it
and operate it jointly with other employers so that workers in each workplace can use them
For example, a large number of companies in industrial complexes or knowledge industry centers
or a large number of companies in large distribution centers, can jointly install them
Therefore, if the minimum area is not met, it will be a violation of the standard for installing rest facilities
and if many are installed, all rest facilities should be at least the minimum area
However, if there is no wall or pillar by installing a simple rest facility such as a shade
the minimum area will be judged by using the floor area as the area seen
when looking down from the sky surrounded by a line 1 meter inside the end of the roof
If it is determined as an area, the agreed area will be the minimum floor area
The minimum area of rest facilities for each workplace shall be determined in consultation with the representative of the worker
in consideration of the characteristics of the workplace, such as shift work and rest types, rest cycles, and the number of simultaneous users
If the size of rest facilities for workers who wish to use rest facilities is determined in consultation with the representative of the worker
that area shall be the minimum floor area of the rest facilities
If the size determined through consultation with the worker's representative is not met, it is subject to a fine
Therefore, employers may use the labor-management council under Article 3 of the Workers Participation and Cooperation Promotion Act
the Occupational Safety and Health Committee under Article 24 of the Industrial Safety and Health Act
or consult with workers' elected representatives
For joint rest facilities, the size and location of joint rest facilities
should be determined through consultation between the employer
and the worker's representative at each workplace
after deciding to install a joint rest facility with other employers
The minimum floor area of a joint resting facility that can be determined in consultation with the worker's representative
shall be at least 6 square meters
Simultaneous employees means the maximum sum of the number of workers using rest facilities
The number of simultaneous employees can be determined in consultation with the representative of the worker
in consideration of workplace conditions such as rest periods, shift work, and number of workers
The cases where exclusion from simultaneous employees happen are
shift workers can be excluded except for one group
and they can be excluded even if the rest cycle is different
For example, if there are three shifts per day, 20 people in Group A work from 07:00 to 15:00, 20 people in Group B from 15:00 to 23:00
and 20 people in Group C from 23:00 to 07:00, how many people would be the simultaneous employees?
It'll be 20 people
Also, if there are 20 workers with break time from 11:30 to 12:30
and 20 workers with break time from 12:30 to 13:30, the simultaneous employees will be
20 people
In addition, if you work in an office or similar work space as an office worker
you can be excluded from the simultaneous employees if you are not disturbed by any tasks
such as interested parties visiting or talking on the phone during the break
It can also be excluded if you are usually working outside the workplace
such as a regular outdoors worker or a customer service driver
Rest facilities are recommended to be installed separately for men and women as much as possible
but when installing open rest facilities
It is not necessarily compulsory to install them separately by gender
In addition, if it is difficult to install a separate rest facility due to space constraints
the space may be separated through partition installation so that there is no inconvenience in the use of men and women
The location of the rest facility should be convenient for workers and should be installed in close proximity
Rest facilities should be located close to the workplace so that workers can use them during breaks
In addition, considering the break time of the workplace, workers and management should consult
and find a place close enough to be a rest facility, not long for it to take to arrive at the rest facility
on foot or by bicycle
Joint rest facilities should be located in a place where the time taken to travel from each workplace
to the rest facility does not exceed 20% of the rest time
However, if an additional break time is granted even if it exceeds 20% of the break time
the additional break time is considered to determine whether to impose a fine
However, if it is difficult to install rest facilities in the workplace due to space constraints
rest facilities can be installed close to the workplace through
labor-management consultations to the extent that rest time is sufficiently guaranteed
Rest facilities can be installed outside the workplace if additional rest hours are given
in consideration of the time it takes to get to and back from the rest facility
And the rest area should be located in a safe place away from harmful and dangerous places
However, if there is no risk of damage from fire or explosion
and is blocked with a partition wall to prevent exposure to health hazards caused by dust, noise and harmful substances
it can be considered a place away from harmful or dangerous places
For temperature, humidity and lighting, it must have the ability to comply with appropriate standards
The temperature should be equipped with cooling and heating functions to maintain the appropriate temperature of 18-28℃
and the humidity should be equipped with a humidity control function to maintain the appropriate humidity of 50-55%
However, except when the Minister of Employment and Labor acknowledges that
it is difficult to maintain proper humidity due to the temporary high or low relative humidity in the atmosphere
In addition, the lighting
should be equipped with a lighting control function that can maintain an appropriate brightness of 100 to 200 lux
Temperature, humidity, and lighting do not always have to fall into the standards
but they must have the ability to maintain them
For example, you don't have to keep the lights at 100-200 lux all the time
but must have on and off functions to meet that level
It should also be ventilated through windows and the like
Ventilation means air circulation by introducing external air and discharging internal air
If ventilation is possible through windows, ventilators, air conditioning systems, etc.
and there is a risk of automobile fumes or other pollutants entering the room from the outside
appropriate measures should be taken, such as rearranging air inlets such as vents, windows, and doors
When it comes to equipment and management, chairs must be provided first
In principle, chairs should be installed
but if the rest facility is installed and operated in a sitting manner, it is okay not to be installed
And it should be equipped with drinkable water or drinking water facilities
In principle, drinking water facilities such as drinking water and water purifiers should be provided in rest facilities
You must also designate a person in charge of the rest facility management
The employer must designate a person in charge of the management of the rest facility
and even when jointly installing the rest facility, a person in charge of management must be designated for each place of business
It is recommended that the person in charge of the management of the rest facility check the installation and management of the rest facility
and prepare a rest facility management ledger recording the contents and keep it in the rest facility
Resting facilities must not be used for other purposes
During breaks, the rest facility should not be used for other purposes, so that there are no fear of disturbing the rest
Therefore, smoking rooms and equipment warehouses that must be used only for specific purposes are not recognized as rest facilities
However, it is a principle to use rest facilities separately from conference rooms, education rooms, and counseling rooms
If it is difficult to install a rest facility separately due to a lack of physical space
It can be considered that a rest facility has been installed if the time of use is clearly separated
for a meeting room that meets the management standards through consultation of the workers and employer
In this case, if the worker's free rest is not guaranteed, even temporarily or intermittently
a separate rest facility should be installed
For example, in the case of construction sites, using safety training centers, it can be used as rest facilities during breaks
or general restaurants or general stores can be used as rest facilities during break times
and changing rooms can be classified as rest facilities other than changing times
Penalties will be imposed if you violate the obligation to install rest facilities
Businesses that are subject to fines for not having rest facilities
or failing to comply with installation and management standards are those that use more than 20 full-time workers
and in the construction industry, with the total construction cost being 2 billion won or more and with more than 10 full-time workers
with more than two workers in seven occupations under the Korean Standard Vocational Classification
According to the Korean Standard Classification of Occupations, seven occupational workers refer to telephone counselors, care service workers, telemarketers
delivery workers, cleaners and sanitation workers, apartment guards, and building security
According to the criteria for imposing fines, if you do not have a rest facility
you will be charged 15 million won each for the first violation, the second violation, and the third or more violation
If you do not comply with the standards for installing and managing rest facilities
500,000 won will be charged for the first violation, 2.5 million won for the second violation,
and 5 million won for the third violation per violation
For example, there are two violations of No. 2, Location and No. 5, and lighting violations
so the first violation standard is 2 cases × 500,000 won, and a fine of 1 million won will be imposed
The imposition of fines varies depending on the number of regular workers and the construction amount
Workplaces with more than 50 full-time workers
and workplaces with more than 5 billion won in total construction costs will be implemented from August 18, 2022
workplaces with more than 20 and less than 50 full-time workers
and workplaces with more than 2 billion won and under 5 billion won in total construction costs will be implemented from August 18, 2023
and workplaces with more than 10 and less than 20 full-time workers with more than two or more workers of the seven occupational workers
will be implemented from August 18, 2023
Workplaces or construction sites that use workers before the implementation date of the system
shall install rest facilities according to the implementation date and comply with the installation and management standards