NATLEX
Database of national labour, social security and related human rights legislation
Republic of Korea >
| Name: | Trade Union and Labor Relations Adjustment Act (Law No. 5310). |
| Country: | Republic of Korea |
| Subject(s): | Freedom of association, collective bargaining and industrial relations |
| Type of legislation: | Law, Act |
| Adopted on: | 1997-03-13 |
| Entry into force: | |
| ISN: | KOR-1997-L-46398 |
| Link: | https://www.ilo.org/dyn/natlex/natlex4.detail?p_isn=46398&p_lang=en |
| Bibliography: | New Labor-related Laws, 1997-03, Ministry of Labor, Republic of Korea, pp. 3-31 Labor Laws of Korea 1998, Ministry of Labor, Republic of Korea, pp. 3-32 Labor Laws of Korea 2004, Ministry of Labor, Republic of Korea, pp. 31-61 Labor Laws of Korea 2007, 2007-12, Ministry of Labor, Republic of Korea, Part II, pp. 1-34 Legislation on-line in English  Ministry of Government Legislation, Republic of Korea PDF of Act as amended to 20/05/2014 (consulted on 2011-06-06) |
| Abstract/Citation: | Comprehensive legislation covering labour relations and trade unions. Chapter II relates to trade unions. Workers shall be free to establish and join trade unions which must be certified by the Minister of Labor. Members of trade unions shall not be discriminated against on the basis of race, sex, religion, politics or social status (s. 9). Chapter III concerns collective bargaining and collective agreements. Collective agreements shall not have a term of effectiveness for more than two years, and where an agreement applies to more than half of the workers of one type of employment at a workplace, it shall apply to the other workers of that particular type of employment as well. In addition, the Minister of Labor may decide that where a collective agreement applies to more than two-thirds of workers employed in the same kind of job in one geographic area, that agreement shall also apply to other workers employed in similar jobs within the same area (s. 36). Chapter IV covers industrial action. Inter alia, proscribes industrial action by persons employed in defense related industries, and prohibits the hiring of replacement workers during a strike. Employers may conduct a lock-out once a strike has been commenced. Chapter V regards adjustment of labour disputes, including mediation and arbitration, and special procedures for industrial action in essential services. The Minister of Labor may make an emergency adjustment during an industrial action in the public sector, during which any strike shall be suspended. Chapter VI deals with unfair labour practices and prohibits dismissal of employees for participating in trade unions or industrial action. Penal provisions are contained in Chapter VIII. Amended by Act No. 5511 of 20 February 1998. Consolidated text available. |
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