"No Confusion Over 6-Month Fixed-Term Contracts"… Labor, Management, and Government Agree on Improving Worker Representation System (Comprehensive)

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 Exists

On the morning of the 16th, at the Economic, Social and Labor Council in Jongno-gu, Seoul, committee members including Moon Sung-hyun, Chairman of the Economic, Social and Labor Council, and Kim In-jae, Chairman of the Committee for Improvement of Labor-Management Relations Systems and Practices, are taking a commemorative photo during a press briefing on the labor representative system improvement agreement among labor, management, and government.
[Image source=Yonhap News]

[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 system. This agreement also signifies clarifying the worker entity that must negotiate with management in workplaces without labor unions.

The Tripartite Commission under the Economic, Social and Labor Council (ESLC), a social dialogue body directly under the President, resolved the 'Tripartite Agreement on the Improvement of the Worker Representative System' on the morning of the 16th at the ESLC main conference room. This tripartite agreement consists of three main contents: ▲ election of worker representatives ▲ term of office ▲ status and activity guarantees.

Improving the Ineffective 'Worker Representative System'... Will It Achieve Democratic Labor-Management Relations?

The worker representative is the person representing all workers at the workplace and holds important authority related to about 30 areas across seven labor-related laws including the Labor Standards Act. The worker representative has the right to consult on issues such as managerial dismissals and the introduction of flexible working hours. However, there has been criticism that the system was ineffective because legal measures regulating the election procedures, status, and activities of worker representatives were not established.

Through this agreement, the tripartite parties clarified the election methods and procedures for worker representatives and set the term of office at three years. Worker representatives can request necessary materials from the employer for their activities, and time spent on legitimate activities is considered as working hours.

Professor Lee Seung-wook, secretary of the Committee for the Improvement of Labor-Management Relations Systems and Practices, said, "This establishes an institutional device for vulnerable workers to raise their voices," adding, "It is important to ensure that the function of worker representatives is practically secured through labor supervision by the Ministry of Employment and Labor in the future."

Although the ambiguous worker representative system had often been a source of labor disputes, the committee expects it to become a foundation for forming democratic and stable labor-management relations going forward.

In particular, to smoothly implement the flexible working hours law (expanding the maximum unit period from 3 to 6 months) that the government is pushing for legislation, 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.

In February last year, the ESLC reached a tripartite agreement to improve the flexible working hours system, stipulating that to introduce the new flexible working hours system, a written agreement with the worker representative is required. Professor Lee evaluated, "Despite sharp initial disagreements between labor and management, they responsibly linked the agreement on improving the worker representative system to effectively implement the flexible working hours agreement."

The flexible working hours bill submitted to the National Assembly stipulates that ▲ to introduce a flexible working hours system 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, 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.

[Image source=Yonhap News]

Direct Election by Workers... Punishment Clauses May Be Added During Legislative Process

Looking at the agreement on improving the worker representative system, 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 of the labor-management council elected by direct, secret, and anonymous vote of workers form a 'worker committee meeting' and 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 directly elect the worker representative by direct, secret, and anonymous vote. Employer intervention or obstruction is prohibited at this time.

The term of office for worker representatives is set at three years. This guarantees stable and responsible activities of 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 and gender ▲ right to request materials necessary for worker representative activities ▲ right to request consultation for the implementation of written agreements ▲ guarantee of worker representative activities during working hours ▲ obligation to maintain confidentiality of information obtained through worker representative activities ▲ prohibition of employer's disadvantageous treatment, intervention, and obstruction against worker representatives.

For the tripartite agreement to function effectively on the ground, legislation and amendments must be made. Kim In-jae, chairperson of the Committee for the Improvement of Labor-Management Relations Systems and Practices, 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 legal amendments and implementation." Professor Lee said, "Whether the legal amendment will be made through the Labor Standards Act or by enacting a special law will be sufficiently considered and approached by the government and the National Assembly."

There is also a possibility that 'punishment clauses' will be prepared to guarantee the legitimate election and activities of worker representatives. Yoo Jeong-yeop, a committee member from the Korean Confederation of Trade Unions (KCTU), said, "How to concretely sanction employer intervention and obstruction of worker representative activities will be entrusted to the government and legislature," adding, "This agreement is about uniting on the principles and direction of the worker representative system."

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