TITLE : OVERVIEW OF LABOR LAWS
페이지 정보
작성일
2023
2023-07-18
본문
■ Overview of Labor Laws
▶ Purpose
To regulate the terms and conditions of employment andlabor-management relations to ensure workers' humane livingconditions and equality between workers and employers.
▶ Classification
Labor laws can be largely classified into four groups asfollows: laws on individual labor relations, laws on collectivelabor relations, laws on collaborative labor relations, and otheremployment-related laws.
- Laws on individual labor relations
- To regulate labor relations between individual workers and employers.
- To present criteria for entering into an employment contract, the details of labor relations and its revision andtermination, etc. in order to protect workers' terms and conditions of employment.
- Laws on collective labor relations
- To regulate labor relations between workers' groups such aslabor unions and workers' representatives and employers.
- To ensure the association of workers who are at a financialand social disadvantage so that they can maintain anequal relationship with employers, thereby realizing labormanagement autonomy.
- Laws on collaborative labor relations
- To regulate the matters required to enhance the profitof employers and workers through participation andcooperation between employers and workers in order tocontribute to corporate growth, industrial peace and thedevelopment of the national economy
- To avoid confrontation and struggle between workers andemployers and to overcome the limits of labor relations.
- Other employment-related laws
- To regulate matters pertaining to ensuring the balance ofsupply and demand in the labor market, and the stability ofworkers' livelihoods and the development of the nationaleconomy through stabilization of employment.
Types of labor law
Types | Major laws | Major contents |
Laws on individual labor relations | ||
Labor Standards Act | Labor contracts, wage, work hours/breaks, working women/young people, disaster compensation, rules of employment | |
Minimum Wage Act | Fixing minimum wage,minimum wage committee | |
Guarantee of Workers’Retirement Benefits Act | Retirement allowance, retirementpension, retirement pension trustees | |
Act on the Protection, etc. ofFixed Term and Part-Time Workers | Prohibition of discrimination againstfixed-term workers and part-time workers | |
Protection, etc. ofDispatched Workers Act | Period of dispatch, obligation to hire,prohibition of discrimination againstdispatched workers | |
Industrial Safetyand Health Act | Safety/health management system,workers’ health management | |
Act on Equal EmploymentOpportunity and Work-FamilyBalance Assistance Act | Prohibition of workplace sexualharassment, maternity leave,childcare leave | |
Laws on collective labor relations | ||
Trade Union and Labor Relations Adjustment Act | Trade union, collective bargainingand collective agreement, industrial actions | |
Labor RelationsCommission Act | Organization, rights | |
Laws oncollaborativelabor relations | Act on the Promotion ofWorkers’ Participation andCooperation | Labor-management council,listening to complaints |
Otheremploymentrelated laws | ||
EmploymentInsurance Act | Unemployment allowance,pay for childcare leave | |
Act on the Prohibition ofDiscrimination of DisabledPersons, Remedyagainst Infringement ofTheir Rights, etc. | Prohibition of discriminationand remedies | |
Act on Prohibition ofAge Discrimination inEmployment and ElderlyEmployment Promotion | Prohibition of age discrimination,encouragement of hiring of elderlies |
▶Legal bases
Assumed External Conditions
- Generally, “legal bases” refers to subsistence and formality of laws.
- Herein, “legal bases” exist to understand the normative contents of labor laws.
Types
- The Constitution, laws and ordinances, labor-related customarylaws, management practices, collective agreement, rules ofemployment, trade union rules, etc.
※ ILO conventions have no domestic legal effectiveness until they areratified by the National Assembly
Contradiction of legal bases
- Where norms that serve as legal bases of labor laws contradict,which one should be given priority becomes an issue of debate.
- The upper law-first principle
Constitution > Acts > Enforcement decrees > Collectiveagreement > Employment rules > Employment contract >Instructions by employers - The new law-first principle
Where two or more laws are applicable, the newest oneshould apply even if it is more disadvantageous to workers - The special law-first principle
Where a law is applicable to a specific object or purpose, itshould be applied to the relevant object or purpose - The more advantageous condition-first principle
- Where a lower legal basis has a more advantageouscontent than an upper legal basis, the lower one shouldapply.
- Where an upper legal basis has a content moredisadvantageous to workers than a lower legal basis, itshould be nullified./li>
- Where the new law-first principle is in conflict with themore advantageous condition-first principle, the new lawfirst principle should prevail
- The upper law-first principle