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
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Labor Laws
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Issues
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Planned Amendments
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Labor
Standards Act
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Ordinary wage
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• Clarify the scope of ordinary wage based on Supreme Court full-member decision
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Reduction of working hours
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• 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
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Managerial dismissal
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• 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)
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Act on the Protection, etc., of Fixed-term & Part-time Employees
Act on the Protection, etc., of Dispatched Workers
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–
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• 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
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Act of the Protection, etc., of Dispatched Workers
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–
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• Clarify distinction between dispatch and subcontract employment
• Allow loosening of restrictions on use of highly-paid professionals
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Act on the Promotion of Worker Participation & Cooperation
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–
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• Grant right to dispatch and in-house subcontract workers to state opinions in joint labor-management conferences
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