Question 14: With all items regarding ‘Employees’ performance of military services, will the suspension period be counted into the LC term?

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Cases of LC suspension

The Labor Code allows Employers and Employees to suspend LCs in the following cases[1]:

  • Employees must be away for military service;
  • Employees are held in custody or detention in accordance with the criminal procedural law;
  • Employees are subject to a decision on application of the measure of consignment to a reformatory, compulsory drug detoxification centre or compulsory education institution;
  • Female Employees who are pregnant; and
  • Other cases as agreed upon by the two parties.

Employees must show up at the workplace after the suspension period expires, and Employers must reinstate Employees unless otherwise agreed upon by the two parties[2].

  • Can the suspension period be counted into the LC term?

Besides the prescribed cases where Employers and Employees may suspend LCs, the Labor Code does not detail the implementation thereof and the method to handle the suspension period. However, in practice, the suspension period will not be counted into the LC term. Therefore, after the suspension period expires, the LC term will resume and only expire after the suspension period has expired.

[1]Article 32 Labor Code

[2]Article 33 Labor Code