1. Government to revise labor laws and strengthen labor inspections
As the government plans to strengthen labor inspections through stricter supervision and control, it is feared that this will exacerbate already unfavorable business conditions. The Ministry of Employment & Labor (MOEL) plans to investigate companies hiring many temporary workers as to whether there has been any discrimination in bonuses or other benefits based on employment status. According to the ‘Manual for Determination of Worker Dispatch’ released on 7 December, the MOEL will intensively monitor companies for illegal dispatch in the automotive, shipbuilding, steel, electronics, retail and hotel industries, and order such employers to directly hire any illegally dispatched workers.
The MOEL is also discussing how to reform labor-management councils and the Economic & Social Development Commission.
To strengthen labor-management councils, the MOEL will revise the ‘Act on the Promotion of Worker Participation & Cooperation’ to allow dispatched workers to take part in labor-management councils. According to the MOEL’s plans, worker representatives of labor-management councils shall be elected by workers, while the in-house representative for the subcontract workers can participate in the primary contractor’s labor-management councils. Also, consultation, resolution and reporting of labor-management council matters shall be integrated and the provision requiring the councils to hold meetings every three months will be revised so that this is more flexible.
The Economic & Social Development Commission is seeking ways to activate social dialogue by creating new committees and diversifying its agendas and participants. Non-regular workers, SMEs and other social partners will join this commission and the number of plenary committee members will increase from the current 10.
<Table 1> MOEL Plans for Major Labor Issues
Non-regular Workers
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Revise related laws & regulations
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▴ Ban discrimination in bonuses and other benefits, etc.
▴ Introduce punitive compensation for
damage
▴ Require companies to disclose the
number of employees and their
employment status
▴ Establish ‘Guidelines for Non-regular Worker Job Security’
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Strengthen labor inspections
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▴ Intensively monitor the automotive,
shipbuilding, steel, electronics, retail and hotel industries
|
|
In-house Subcontract Workers
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Revise related laws & regulations
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▴ Enact law tentatively named ‘Act on In-house Subcontracting’ to place greater responsibility on primary contractor
▴ Impose duties for creation of accident-prevention measures on employers in all sectors (currently, employers in construction and manufacturing sectors are obliged to put accident-prevention measures in place for their subcontractors)
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Strengthen labor inspections
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▴ Conduct special labor inspections for
companies with illegally dispatched workers and order them to hire these employees directly
|
|
Job Creation
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Revise related laws & regulations
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▴ Include holiday work in ‘extended
work’ definition
▴ Adjust the list of industries exempted from statutory working hour limits
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Strengthen labor inspections
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▴ Conduct labor inspections on companies with 300 or fewer full-time employees and include service sector in labor inspection list for this year
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2. Opposition parties intervening in labor issues at workplace level
The main opposition Democratic United Party (DUP) launched a Special Committee on Labor Relations at its general meeting on December 31. In line with its plans for the first half of 2013, the Special Committee began onsite investigations into more than 20 workplaces. While the ruling Saenuri Party will refrain from intervening in labor issues, there are disagreements within the Party regarding policy direction as some lawmakers in the Environment & Labor Committee are calling for parliamentary investigation into Ssangyong Motor.
<Table 2> Labor Relations Committee Plans for First Half of 2013
① Parliamentary inspections of Ssangyong Motor
② Resolve legal issues on damage compensation and provisional
attachment against unions
: Hanjin Heavy Industries & Construction (15.8 bn KRW), Ssangyong Motor (23.7 bn KRW), MBC (19.5 bn KRW),
KEC (15.6 bn KRW), Hyundai Motor (11.6 bn KRW)
③ Respond strongly to labor repression
|
On January 15, the DUP’s Special Committee on Labor Relations visited Cort/Cor-tek and Daewoo Motors Sales Corporation, aiming to politicize labor relations at these companies. Meanwhile, labor, management, civic groups and the government established a committee on January 17 in order to normalize Ssangyong Motor’s operations and stop the parliamentary investigation. The committee collected signatures for petition against parliamentary investigation until January 21. The next day, the 22nd, the committee held a press conference and presented its petition to the Saenuri Party and the DUP. Meanwhile, on January 10, Ssangyong Motor’s management and union leaders agreed to reinstate 455 workers who have been on unpaid leave, who will return to work on March 1. Other details will be discussed by early February.
<Table 3> Plans for On-site Investigations by DUP’s Special Committee on Labor Relations
Issues
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Workplaces to be Investigated
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Atypical workers
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Korean Cargo Workers Union,
Jae Neung Education Co., Ltd.
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Prolonged labor disputes
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Daewoo Motors Sales Corp.,
Cort/Cor-tek, 3M Korea
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In-house subcontract workers
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Hyundai Motor, Incheon International Airport
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Female/Non-regular workers
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Seoul City’s 120 Dasan Call Center
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Union busting
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Yoosung Enterprise Co.,
Deogyusan Resort
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Determination of bargaining representative union
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Continental Automotive Electronics LLC,
Golden Bridge Investment & Securities Co., Ltd.,
Korean Power Plant Industry Union
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Occupational safety/industrial accidents
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Korean Plant Construction Workers Union,
Samsung Electronics,
Seoul Metropolitan Rapid Transit Corporation
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Compensation for damage and provisional attachments
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Hanjin Heavy Industries & Construction
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Non-regular workers
in public agencies
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Korea Technology & Information Promotion Agency, Federation of Accountants in Korean Public Service and Transportation Workers Union
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Subcontracted janitorial workers
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Janitorial workers at Hongik University
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Even though the parliamentary session is over on January 18, the National Assembly’s Environment & Labor Committee held a plenary meeting to discuss current labor issues.
<Table 4> Result of Environment & Labor Committee Meetings on Major Labor Issues
Ssangyong Motor
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Opposition parties demanded passing of a resolution for parliamentary investigation of Ssangyong Motor, but failed due to opposition by the ruling Saenuri Party.
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Hyundai Motor
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Some lawmakers called for direct employment of in-house subcontract workers; however, the MOEL plans labor-management dialogue and judicial judgment to resolve this issue.
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E-mart
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The MOEL is conducting special labor inspections and will take firm action against any identified unfair labor practices.
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Hanjin Heavy Industries & Construction
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Some lawmakers asked the Committee to recommend withdrawal of damage compensation and provisional attachment but this was rejected.
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Yoosung Enterprise Co.
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Despite a request to reject the application of a 2nd trade union, the MOEL considers it a legal trade union under the current labor law.
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Previously, the ruling and opposition parties agreed to open a special session in January; however, due to different positions on current labor issues (including parliamentary investigation of Ssangyong Motor), this has been postponed.