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Korea, Republic of - Procedural requirements for collective dismissals for economic reasons (redundancy, retrenchment)
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- Labour Standards Act [LSA], Act No. 5309 of 17 March 1997, as last amended by Act No. 11270 of 2012
Date: 01 Feb 2012; view website » (view in NATLEX »)
- Enforcement Decree of the Labour Standards Act [ED-LSA], Presidential Decree No. 15320 of 27 March 1997, as last amended by Decree No. 23488 of 2012
Date: 06 Jan 2012; view website » (view in NATLEX »)
- Trade Union and Labour Relations Adjustment Act [TULRAA], Act No. 5310 of 13 March 1997, as last amended by Act No. 10339 of 2010
Date: 04 Jun 2010; view website » (view in NATLEX »)
- Act on the Protection of Fixed term and Part time Employees [FTPTE], Act No. 8074 of 21 December 2006, as amended by Act No. 11273 of 2012
Date: 01 Feb 2012; view website » (view in NATLEX »)
- Enforcement Decree of the Act on the Protection of Fixed term and Part time Employees [ED-FTPTE], Presidential Decree, No. 20093 of 2007, as last amended by presidential Decree No. 23488 of 2012
Date: 06 Jan 2012; view website » (view in NATLEX »)
- Equal Employment Act [EEA], Act No. 3989 of 4 December 1987, as last amended by Acts No. 10789 of 2011
Date: 07 Jun 2011; view website » (view in NATLEX »)
- Labour Relations Commission Act [LRCA], Act No. 5311 of 13 March 1997, as last amended by Act No. 10339 of 2010
Date: 04 Jun 2010; view website » (view in NATLEX »)
- Act on Age Discrimination Prohibition in Employment and Aged Employment Promotion, Act No. 4487 of 31 December 1991, as last amended by Act No. 10339 of 2010
Date: 04 Jun 2010; view website » (view in NATLEX »)
Definition of collective dismissal (number of employees concerned):
1) More than 10 employees in businesses or workplaces with up to 99 employees;
2) more than 10% in businesses or workplaces with 100 to 999 employees;
3) more than 100 employees in businesses or workplaces with at least 1000 employees.
Prior consultations with trade unions (workers' representatives): Yes
Remarks: - Art. 24 (3) LSA:
Consultation with the workers' representatives shall take place prior to any dismissal for managerial reasons regardless of the number of employees concerned.
Notification to the public administration: Yes
Remarks: - At least 30 days in advance: art. 10 ED-LSA and 24 (4) LSA.
Notification to workers' representatives: Yes
Remarks: - Art. 24 (3) LSA: 50 days in advance.
Notification to the workers' representatives shall take place prior to any dismissal for managerial reasons regardless of the number of employees concerned.
Approval by public administration or judicial bodies: No
Approval by workers' representatives: No
Priority rules for collective dismissals (social considerations, age, job tenure): No
Remarks: - No statutory selection criteria for collective dismissals. However, art. 24 (2) LSA provides that the employer shall select workers to be dismissed by establishing rational and fair criteria and that there shall be no discrimination on the basis of gender.
Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes
Remarks: - Art. 24 (1) LSA: Obligation to make every effort to avoid dismissal.
Priority rules for re-employment: Yes
Remarks: - Art. 25 (1) LSA: preference for re-employment for 3 years from the date of the lay-off.
+ show references
- Labour Standards Act [LSA], Act No. 5309 of 17 March 1997, as last amended by Act No. 10719 of 2011
Date: 24 May 2011 (view in NATLEX »)
- Enforcement Decree of the Labour Standards Act [ED-LSA], Presidential Decree No. 15320 of 27 March 1997, as last amended by Decree No. 23155 of 2011
Date: 22 Sep 2011 (view in NATLEX »)
- Trade Union and Labour Relations Adjustment Act [TULRAA], Act No. 5310 of 13 March 1997, as last amended by Act No. 10339 of 2010
Date: 04 Jun 2010; view website » (view in NATLEX »)
- Act on the Protection of Fixed term and Part time Employees [FTPTE], Act No. 8074 of 21 December 2006, as amended by Act No. 10339 of 2010
Date: 04 Jun 2010; view website » (view in NATLEX »)
- Enforcement Decree of the Act on the Protection of Fixed term and Part time Employees [ED-FTPTE], Presidential Decree, No. 20093 of 2007, amended up to Presidential Decree No. 22797 of 2011
Date: 30 Mar 2011; view website » (view in NATLEX »)
- Equal Employment Act [EEA], Act No. 3989 of 4 December 1987, as last amended by Acts No. 10789 of 2011
Date: 07 Jun 2011; view website » (view in NATLEX »)
- Labour Relations Commission Act [LRCA], Act No. 5311 of 13 March 1997, as last amended by Act No. 10339 of 2010
Date: 04 Jun 2010; view website » (view in NATLEX »)
- Act on Age Discrimination Prohibition in Employment and Aged Employment Promotion, Act No. 4487 of 31 December 1991, as last amended by Act No. 10339 of 2010
Date: 04 Jun 2010; view website » (view in NATLEX »)
Definition of collective dismissal (number of employees concerned):
1) More than 10 employees in businesses or workplaces with up to 99 employees;
2) more than 10% in businesses or workplaces with 100 to 999 employees;
3) more than 100 employees in businesses or workplaces with at least 1000 employees.
Prior consultations with trade unions (workers' representatives): Yes
Remarks: - Art. 24 (3) LSA:
Consultation with the workers' representatives shall take place prior to any dismissal for managerial reasons regardless of the number of employees concerned.
Notification to the public administration: Yes
Remarks: - At least 30 days in advance: art. 10 ED-LSA and 24 (4) LSA.
Notification to workers' representatives: Yes
Remarks: - Art. 24 (3) LSA: 50 days in advance.
Notification to the workers' representatives shall take place prior to any dismissal for managerial reasons regardless of the number of employees concerned.
Approval by public administration or judicial bodies: No
Approval by workers' representatives: No
Priority rules for collective dismissals (social considerations, age, job tenure): No
Remarks: - No statutory selection criteria for collective dismissals. However, art. 24 (2) LSA provides that the employer shall select workers to be dismissed by establishing rational and fair criteria and that there shall be no discrimination on the basis of gender.
Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes
Remarks: - Art. 24 (1) LSA: Obligation to make every effort to avoid dismissal.
Priority rules for re-employment: Yes
Remarks: - Art. 25 (1) LSA: preference for re-employment for 3 years from the date of the lay-off.
+ show references
- Labour Standards Act [LSA], Act No. 5309 of 17 March 1997, as last amended by Act No. 10366 of 2010
Date: 10 Jun 2010 (view in NATLEX »)
- Enforcement Decree of the Labour Standards Act [ED-LSA], Presidential Decree No. 15320 of 27 March 1997, as last amended by Decree No. 22269 of 2010
Date: 12 Jul 2010 (view in NATLEX »)
- Trade Union and Labour Relations Adjustment Act [TULRAA], Act No. 5310 of 13 March 1997, as last amended by Act No. 10339 of 2010
Date: 04 Jun 2010; view website » (view in NATLEX »)
- Act on the Protection of Fixed term and Part time Employees [FTPTE], Act No. 8074 of 21 December 2006, as amended by Act No. 10339 of 2010
Date: 04 Jun 2010; view website » (view in NATLEX »)
- Enforcement Decree of the Act on the Protection of Fixed term and Part time Employees [ED-FTPTE], Presidential Decree, No. 20093 of 2007, amended up to Presidential Decree No. 22269 of 2010.
Date: 12 Jul 2010 (view in NATLEX »)
- Equal Employment Act [EEA], Act No. 3989 of 4 December 1987, last amended by Acts No. 10339 of 2010
Date: 04 Jun 2010; view website » (view in NATLEX »)
- Labour Relations Commission Act [LRCA], Act No. 5311 of 13 March 1997, as last amended by Act No. 10339 of 2010
Date: 04 Jun 2010; view website » (view in NATLEX »)
- Act on Age Discrimination Prohibition in Employment and Aged Employment Promotion, Act No. 4487 of 31 December 1991, as last amended by Act No. 10339 of 2010
Date: 04 Jun 2010; view website » (view in NATLEX »)
Definition of collective dismissal (number of employees concerned):
1) More than 10 employees in businesses or workplaces with up to 99 employees;
2) more than 10% in businesses or workplaces with 100 to 999 employees;
3) more than 100 employees in businesses or workplaces with at least 1000 employees.
Prior consultations with trade unions (workers' representatives): Yes
Remarks: - Art. 24 (3) LSA:
Consultation with the workers' representatives shall take place prior to any dismissal for managerial reasons regardless of the number of employees concerned.
Notification to the public administration: Yes
Remarks: - At least 30 days in advance: art. 10 ED-LSA and 24 (4) LSA.
Notification to workers' representatives: Yes
Remarks: - Art. 24 (3) LSA: 50 days in advance.
Notification to the workers' representatives shall take place prior to any dismissal for managerial reasons regardless of the number of employees concerned.
Approval by public administration or judicial bodies: No
Approval by workers' representatives: No
Priority rules for collective dismissals (social considerations, age, job tenure): No
Remarks: - No statutory selection criteria for collective dismissals. However, art. 24 (2) LSA provides that the employer shall select workers to be dismissed by establishing rational and fair criteria and that there shall be no discrimination on the basis of gender.
Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes
Remarks: - Art. 24 (1) LSA: Obligation to make every effort to avoid dismissal.
Priority rules for re-employment: Yes
Remarks: - Art. 25 (1) LSA: preference for re-employment for 3 years from the date of the lay-off.
+ show references
- Labour Standards Act [LSA], Act No. 5309 of 17 March 1997, as last amended by Act No. 9699 of 2009
Date: 21 May 2009; view website » (view in NATLEX »)
- Enforcement Decree of the Labour Standards Act [ED-LSA], Presidential Decree No. 15320 of 27 March 1997, as last amended by Decree No. 20873 of 2008
Date: 25 Jun 2008; view website » (view in NATLEX »)
- Trade Union and Labour Relations Adjustment Act [TULRAA], Act No. 5310 of 13 March 1997, as last amended by Act No. 9041 of 2008
Date: 28 Mar 2008 (view in NATLEX »)
- Act on the Protection of Fixed term and Part time Employees [FTPTE], Act No. 8074 of 21 December 2006, as amended by Act No. 8372 of 2007
Date: 11 Apr 2007; view website » (view in NATLEX »)
- Enforcement Decree of the Act on the Protection of Fixed term and Part time Employees [ED-FTPTE], Presidential Decree, No. 20093 of 2007
Date: 18 Jun 2007; view website » (view in NATLEX »)
- Equal Employment Act [EEA], Act No. 3989 of 4 December 1987, as last amended by Acts Nos. 9792 and 9795 of 2009
Date: 09 Oct 2009; view website » (view in NATLEX »)
- Labour Relations Commission Act [LRCA], Act No. 5311 of 13 March 1997, as last amended by Act No. 8474 of 2007
Date: 17 May 2007; view website » (view in NATLEX »)
- Act on Age Discrimination Prohibition in Employment and Aged Employment Promotion, Act No. 4487 of 31 December 1991, as last amended by Act No. 8962 of 2008
Date: 21 Mar 2008; view website » (view in NATLEX »)
Definition of collective dismissal (number of employees concerned):
1) More than 10 employees in businesses or workplaces with up to 99 employees;
2) more than 10% in businesses or workplaces with 100 to 999 employees;
3) more than 100 employees in businesses or workplaces with at least 1000 employees.
Prior consultations with trade unions (workers' representatives): Yes
Remarks: - Art. 24 (3) LSA:
Consultation with the workers' representatives shall take place prior to any dismissal for managerial reasons regardless of the number of employees concerned.
Notification to the public administration: Yes
Remarks: - At least 30 days in advance: art. 10 ED-LSA and 24 (4) LSA.
Notification to workers' representatives: Yes
Remarks: - Art. 24 (3) LSA: 50 days in advance.
Notification to the workers' representatives shall take place prior to any dismissal for managerial reasons regardless of the number of employees concerned.
Approval by public administration or judicial bodies: No
Approval by workers' representatives: No
Priority rules for collective dismissals (social considerations, age, job tenure): No
Remarks: - No statutory selection criteria for collective dismissals. However, art. 24 (2) LSA provides that the employer shall select workers to be dismissed by establishing rational and fair criteria and that there shall be no discrimination on the basis of gender.
Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes
Remarks: - Art. 24 (1) LSA: Obligation to make every effort to avoid dismissal.
Priority rules for re-employment: Yes
Remarks: - Art. 25 (1) LSA: preference for re-employment for 3 years from the date of the lay-off.
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