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Title_of_text

Trade Union and Labor Relations Adjustment Act (Law No. 5310).

Main Region

First Region

Republic of Korea
Freedom of association, collective bargaining and industrial relations
1997-03-13
National
Law, Act

Second Region

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.

Entry dates region

    Date of entry into force
    1997-03-13
    --

Electronic region

Monograph region

    Monograph title
    New Labor-related Laws
    Publisher
    Ministry of Labor
    Country
    Republic of Korea
    Date
    1997-03
    Page range
    pp. 3-31
    Monograph title
    Labor Laws of Korea 1998
    Publisher
    Ministry of Labor
    Country
    Republic of Korea
    Page range
    pp. 3-32
    Monograph title
    Labor Laws of Korea 2004
    Publisher
    Ministry of Labor
    Country
    Republic of Korea
    Page range
    pp. 31-61
    Monograph title
    Labor Laws of Korea 2007
    Author
    Ministry of Labor
    Country
    Republic of Korea
    Date
    2007-12
    Number
    Part II
    Page range
    pp. 1-34