Trends in Government


The Ministry of Employment & Labor (MOEL) has stated its plans on reforming labor market structure in a report to the President. The government’s plans to amend related labor law are given in Table 3.


[Table 1] MOEL Plans for Labor Law Amendment in 2015
 
Labor Laws
Issues
Planned Amendments
Labor
Standards Act
Ordinary wage
• Clarify the scope of ordinary wage based on Supreme Court full-member decision
Reduction of working hours
• Include holiday working hours in extended working hours (Gradual enforcement and allow additional extended working hours)
• Reduce the list of sectors exempt from statutory working hour limits (22 sectors → 10 sectors)
• Expand unit period of flexible working hours (3 months to 1 year)
• Expand discretionary work types
Managerial dismissal
• Strengthen requirements for dismissal for managerial purposes (Specific examples of measures to avoid dismissal, expand items requiring consultation with worker representatives and obligation to send written notice)
Act on the Protection, etc., of Fixed-term & Part-time Employees
Act on the Protection, etc., of Dispatched Workers
• Permit trade unions to apply for remedy for discrimination on behalf of employees
• Extend contract period
(from 2 years to 4 years)
• Limit the number of contract renewals and restrict use of non-regular workers for safety-related work
Act of the Protection, etc., of Dispatched Workers
• Clarify distinction between dispatch and subcontract employment
• Allow loosening of restrictions on use of highly-paid professionals
Act on the Promotion of Worker Participation & Cooperation
• Grant right to dispatch and in-house subcontract workers to state opinions in joint labor-management conferences

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