Strengthening the Role of the Labor Commission under the 'Respect for Labor' Policy... Workplace Ex Officio Investigations and Protection for Special Employment Types

Announcement of 'Labor Committee Development Plan' on the 18th
Increase in Labor Dispute Cases... Need to Expand Capabilities
Expansion of Labor Rights Protection for Non-Regular Workers and Women
Strengthening Focused Hearings and Expertise Based on Fact-Finding

[Image source=Yonhap News]

[Asia Economy Reporter Kim Bo-kyung] In line with the government's labor-respecting policy, the authority of the 'Labor Relations Commission,' an institution for resolving labor disputes, will be strengthened. The commission will actively conduct on-site investigations and expand rights protection for vulnerable labor groups such as non-regular workers and workers in special forms of employment (teukgo).

The Central Labor Relations Commission held a non-face-to-face 'National Labor Relations Commission Chairpersons Meeting' on the morning of the 18th and announced the 'Labor Relations Commission Development Plan.' The Labor Relations Commission under the Ministry of Employment and Labor is an institution for resolving labor disputes involving labor, management, and public interest commissioners. The chairpersons meeting included the Central Labor Relations Commission and 13 regional Labor Relations Commissions.

While labor dispute cases have been increasing, there have been criticisms that the commission has neglected enhancing its expertise, personnel, organization, and budget to strengthen its dispute resolution capabilities. Last year, the number of cases received by the Labor Relations Commission was 19,434, an increase of 19.6% compared to the previous year. Compared to 2017, it increased by 34.1%.

Park Soo-geun, Chairperson of the Central Labor Relations Commission, said, "As there are blind spots in the rights protection of the Labor Relations Commission and labor disputes are increasing, we have prepared a development plan to expand public services and enhance dispute resolution capabilities." The development plan aims to "strengthen basic labor rights."

First, it plans to eliminate blind spots in rights protection for non-regular workers, teukgo, women, and others, and improve the fairness of labor adjudication.

In cases where reinstatement is impossible due to contract expiration during the commission's relief procedures, independent relief benefits such as payment of wages equivalent to the period will be recognized for workers.

If a worker does not wish to be reinstated to their original position, reasonable monetary compensation is expected. The commission has prepared compensation calculation standards through research projects this year.

For collective and repetitive discrimination against non-regular workers, the commission plans to actively issue corrective orders, including orders for double damages.

In collaboration with courts and academic societies, the commission will review and develop legal principles regarding the employee status under labor relations law for teukgo, dispatched, and subcontracted workers.

It will also promote the ability to issue corrective orders for employment discrimination against women and others. Currently, the related law is pending in the National Assembly's Environment and Labor Committee.

In cases where proving unfair labor practices is limited due to lack of evidence, the commission's investigators will actively conduct ex officio investigations. Methods of ex officio investigation include attendance investigations, on-site investigations, and document submission requests.

Regarding unfair labor practices, employment discrimination, and dismissals due to business reasons, if necessary to verify facts, the commission will be able to request document submission from employers.

Public interest commissioners will strive to ensure fair judgments through focused hearings based on objective fact-finding investigations.

In other words, the commission's investigators (ex officio investigations) and public interest commissioners (focused hearings) will collaborate to focus on prompt and fair resolution of labor disputes.

Considering employment instability and business difficulties caused by the spread of COVID-19, the commission plans to process unfair dismissal cases as quickly as possible and establish a remote video conferencing system.

For cases where labor dispute mediation is difficult under current laws, such as for teukgo and platform workers, the commission will support dispute resolution by providing 'service-type mediation.'

To improve convenience for labor and management and facilitate focused mediation, if parties wish, 'visiting mediation meetings' will be held at workplaces where mediation is requested.

To enhance expertise, the commission will consult with labor and management organizations to appoint public interest commissioners centered on labor and legal experts such as former judges and law school professors. Training on interrogation and mediation techniques, as well as commissioner ethics codes, will be provided to support the development of public interest commissioners' capabilities.

Additionally, a system will be introduced to allow investigators to serve long-term, and the hiring of professionals such as lawyers will be gradually expanded.

To ensure that the Central Labor Relations Commission's rulings are upheld in courts, cases with significant social impact and contentious issues will be outsourced to external lawyers to enhance expertise.

Chairperson Park stated, "We will do our best to implement the development plan without fail so that the Labor Relations Commission can develop into a trusted institution for resolving labor disputes for the public."

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