Outline for Reforming the Labor-Management Representative System... Tripartite Agreement on Improving the 'Worker Representative' System

The Economic and Social Council Announces Agreement on Improvements to Worker Representative Election Methods and Terms
Legislation for Flexible Working Hours Reform Underway... Efforts to Prevent Confusion in Industrial Sites
Three-Year Term... Direct, Secret, and Anonymous Voting by Workers if No Union Present

Economic, Social and Labor Council

[Asia Economy Reporter Kim Bo-kyung] The tripartite parties have clarified the previously ambiguous 'worker representative' system through an agreement. This is a preparatory step to prevent confusion on the ground ahead of the revision of the flexible working hours system, a supplement to the 52-hour workweek. The government is currently promoting legislation that requires employers to reach a written agreement with worker representatives when introducing flexible working hours.

The Tripartite Commission on Labor Relations System and Practice Improvement under the Economic, Social and Labor Council, a social dialogue body directly under the President, approved the 'Tripartite Agreement on the Improvement of the Worker Representative System' on the morning of the 16th.

A worker representative is a person who represents all workers at a workplace and holds important authority related to about 30 areas of labor laws. However, there has been criticism that the system has been ineffective due to the lack of legal measures regulating the election procedures, status, and activities of worker representatives.

In particular, to ensure the smooth implementation of the flexible working hours law (expanding the maximum unit period from 3 to 6 months) that the government is promoting, it was necessary to improve the worker representative system. This is because worker representatives play a key role in the introduction of flexible working hours in companies.

According to the bill, ▲ to introduce flexible working hours with a unit period of 3 to 6 months, the employer must reach a written agreement with the worker representative, and ▲ in case of sudden reasons such as a surge in workload, the weekly working hours can be changed after consultation with the worker representative. Measures to prevent worker overwork and wage reduction are also based on the contents of the written agreement with the worker representative.

Munsung Hyun, Chairman of the Economic, Social and Labor Council / Photo by Moon Honam munonam@

The tripartite agreement consists of three main contents: ▲ election of worker representatives ▲ term of office ▲ status and activity guarantees. First, regarding the election method, if there is a majority labor union, it retains the status of worker representative as is. In companies without a majority union but with a labor-management council, worker representatives are to be those labor council worker members elected by direct, secret, and anonymous vote of workers, who form a 'worker committee meeting' to hold the status of worker representative. Employers do not participate in this meeting, and an independent decision-making process must be guaranteed.

In workplaces without both a majority union and a labor-management council, workers elect worker representatives by direct, secret, and anonymous vote. Employer intervention or obstruction is prohibited in this process.

The term of office for worker representatives is set at three years. This ensures stable and responsible activities by worker representatives and allows continuous monitoring of the implementation of labor-management agreements. However, if there is a labor-management agreement, the term can be autonomously decided within the three-year limit.

The tripartite parties also proposed institutional measures to guarantee the status and activities of worker representatives. These include ▲ obligation to listen to opinions according to workers' employment type, gender, etc. ▲ right to request materials necessary for worker representative activities ▲ right to request consultations for the implementation of written agreements ▲ guarantee of worker representative activities during working hours ▲ confidentiality obligation for information obtained through worker representative activities ▲ prohibition of disadvantageous treatment, interference, and obstruction by employers against worker representatives.

For the tripartite agreement to function effectively on the ground, legal amendments must be made. Kim In-jae, Chair of the Tripartite Commission on Labor Relations System and Practice Improvement, said, "Despite many difficulties, since labor and management have agreed on the improvement plan for the worker representative system, we hope the National Assembly respects this and promptly proceeds with the amendment of the Labor Standards Act and other implementations."

This content was produced with the assistance of AI translation services.