Hello, this is Choi Jong-ha, attorney at Cheongchul Law Firm.

Remote work, which took root during the COVID-19 era, is increasingly being ended with notices ordering all employees back to the office. Employees who built their lives around remote arrangements often resist a sudden return-to-office directive, while companies frequently see in-person presence as essential for collaboration and oversight. Both sides have a point, but the legal answer is not straightforward.

Remote work is generally introduced through one of three legal routes: (i) when 'place of work' is expressly stipulated in the employment contract, (ii) when it is granted by a personnel order under work rules or internal guidelines, or (iii) when it has simply been tolerated as an operational convenience or temporary response (such as during COVID-19).

'Place of work' is a mandatory disclosure item under Article 8 Item 1 of the Enforcement Decree of the Labor Standards Act (근로기준법 시행령 제8조 제1호). Accordingly, if remote work is specified in the employment contract, it is not a mere benefit but a contractual term, and the employer cannot unilaterally change it. However, if the contract also states that 'the place of work may be changed at the employer's discretion when business needs require,' the employer may discontinue remote work by demonstrating such business necessity.

When an employer seeks to unilaterally discontinue remote work that was introduced through work rules or internal guidelines, it must consider whether the majority-employee consent procedure under the proviso to Article 94 of the Labor Standards Act (근로기준법 제94조 단서) applies. If discontinuing remote work is deemed a disadvantageous change for employees, work rules amended without that consent procedure may be denied effect.

Conversely, where remote work has been allowed in practice as a matter of operational convenience or a COVID-19 response—without any contractual stipulation or work rule—the employer's personnel discretion to order a return to the office is broader. Unless a labor practice has crystallized to the level of a general system, withdrawing or modifying a prior personnel arrangement is generally treated as falling within the scope of the employer's discretion.

Cheongchul Law Firm advises companies on personnel authority, modification of working conditions, and the procedure for disadvantageous amendments to work rules in the HR and labor field. If you are considering ending, converting, or scaling back a remote-work policy, or need legal review of a unilateral personnel order, please contact the HR & Labor team at Cheongchul Law Firm.