Trends in Legislation

The National Assembly’s Environment & Labor Committee to deliberate on labor reform bills, but conflict seems to continue due to differences between the ruling and opposition parties.

 The Economic & Social Development Commission’s special Committee on Structural Reform of the Labor Market held a meeting to discuss issues related to fixed-term and dispatched workers on 16 November, but the social partners failed to reach agreement. The result of the Committee’s discussion and opinions from the public interest representatives were submitted to the National Assembly on 17 November.

 
[Table 1] Committee on Structural Reform of the Labor Market: Views on Fixed-term & Dispatched Workers

Agenda

Labor Management Government

Public Interest

Fixed-termworkers Trade union right to seek remedy for discrimination on behalf of workers ▴ Allow ▴ Prohibit ▴ Allow trade unions or employee representatives
Extension of employment term in exceptional cases ▴ Oppose extending for workers aged 35 and above and offering job search allowance in case of contract termination▴ Restrict the use of fixed-term employment ▴ Abolish employment term limits▴ Oppose restricting the use of fixed-term employment ▴ Extend the employment term by up to two years if the worker applies▴ Offer job search allowance to those not yet converted to regular employment status after employment term has been extended ▴ Allow extension of employment term in exceptional cases* Written agreement from the employee representative required, along with application by employee concerned
Expansion of retirement pay system ▴ Retirement pay to fixed-term/dispatched workers who have worked for at least 3 months, as well as those working no more than 15 hours per week on average over the course of 1 year ▴ No retirement pay to fixed-term/dispatched workers who have worked at least 3 months ▴ Retirement pay to fixed-term/dispatched workers who have worked at least 3 months ▴ Retirement pay to fixed-term/dispatched workers who have worked at least 3 months
Restrictionson number of renewals of fixed-term contracts ▴ Prohibit repeated contract renewal by law and punish violations ▴ No restrictions on number of renewals of fixed-term contracts ▴ Limit the number of renewals of fixed-term contracts (max. 3 times within 2 years) ▴Limit the number of renewals of fixed-term contracts (max. 3 times within 2 years)
Dispatch-ed workers Clear criteria for determining dispatched workers and subcontracted workers ▴ Clarify legal criteria for dispatched work, and regulate illegal dispatch (in case illegal dispatch employment is determined, concerned worker is to be considered directly-hired) ▴ Oppose legislating criteria for dispatched workers and subcontracted workers and strengthening regulations on subcontracting ▴ Legislate criteria for dispatched workers and subcontracted workers ▴ Legislate criteria for dispatched workers and subcontracted workers(* Note: Related legislation to be based on related precedent)
Jobs permitted for dispatched workers ▴ Oppose extending the jobs permitted for dispatch▴ Oppose permitting dispatched work in *root industry ▴ Exclude aged or highly-paid professional workers from regulations on dispatched work▴ Revise current regulation system on dispatched work and permit it in manufacturing sector ▴ Allow aged or highly-paid professional workers to be used as dispatched workers▴ Permit dispatched work in root industry ▴ Allow aged or highly-paid professional workers to be used as dispatched workers▴ Permit dispatched work in root industry and come up with supplementary measures

* The root industry refers to the groundwork for the overall manufacturing industry including casting, molding welding and surface and heat treatment.

 

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