Four Major Economic Organizations Announce 'Guide for Non-Union Member Union Activities in the Workplace'

Measures for Companies Regarding the Revised Labor Union Act and Dispute Prevention

[Asia Economy Reporter Ki-min Lee] On the 16th, economic organizations jointly announced the 'Guide on Union Activities of Non-Employee Union Members within the Workplace' to assist companies in responding to the entry and activities of union members who are not company employees and to prevent disputes.

The economic organizations involved in producing this guide include the Korea Employers Federation (KEF), the Korea Chamber of Commerce and Industry (KCCI), the Korea Federation of Small and Medium Business (Kbiz), and the Korea Federation of Mid-sized Enterprises (KME), totaling four organizations.

These economic organizations included in the guide ▲basic principles and response directions ▲criteria related to workplace entry ▲criteria related to union activities within the workplace ▲DOs & DON’Ts serving as standards for determining unfair labor practices ▲and standard rules for union activities within the workplace.

The amendment to the Labor Union and Labor Relations Adjustment Act (Labor Union Act) will take effect on July 6, enabling not only industry-specific unions of dismissed and unemployed workers but also company-specific unions to admit members and conduct union activities within workplaces.

However, since the scope and standards for permitting union activities are not specific, the business community is concerned about the possibility of confusion and disputes in the future. Accordingly, the economic organizations analyzed relevant precedents and consulted law firms to prepare this guide.

The guide first explains that, regarding entry procedures, dismissed and unemployed persons are third parties unrelated to the company, so procedures can be stricter than for affiliated employees. For example, companies can require exchanging identification cards and entry passes, wearing entry passes when moving around, and the union verifying the identity and purpose of visitors. In particular, entry to restricted areas such as confidential or important facilities and safety/security control zones can be limited.

Moreover, activities of dismissed and unemployed persons within the workplace are allowed only when they are union activities such as improving working conditions or worker solidarity, or when approved by the union. The guide emphasizes that these individuals must not interfere with business operations, work, or facility management.

The guide also provides examples of responses by situation to ensure that companies’ restrictions on entry and activities do not constitute unfair labor practices. For instance, prior notification can be required as a precondition for workplace entry, but excessively early prior notification should be avoided.

Regarding union activities, companies can require compliance with the approved entry and activity details within the workplace but are not permitted to monitor all activities.

The guide also presents standard rules that companies can refer to, including entry procedures for non-employee union members, reasons and procedures for entry restrictions, measures when entry report contents change, procedures for requesting departure, and responsibilities for rule violations.

A KEF official stated, "In the case of company-specific union organizations, it must be made clear that just because dismissed and unemployed persons are allowed to join the union, it does not mean they are permitted unlimited participation in union activities within the workplace," emphasizing, "Supplementary provisions related to this must be stipulated in the enforcement decree of the amended Labor Union Act."

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