FKI: "Allow Substitute Labor During Strikes... Should Follow UK Case"

FedChamber, Report on 'Domestic Implications of UK Industrial Action Policies'

[Asia Economy Reporter Han Yeju] A claim has been made that South Korea should emulate the UK's labor reform cases to improve its backward labor practices.

The Federation of Korean Industries (hereinafter FKI) stated this on the 14th through a report titled "Domestic Implications of UK Policies Related to Industrial Actions," which introduced the successful labor reform cases of the Thatcher and Cameron governments.

First, the FKI pointed out that in the UK, industrial actions are limited to employers who have a direct employment contract with the workers. In principle, industrial actions by subcontractor unions against the primary employer or by subsidiary unions against the parent company are prohibited. The content of industrial actions is also limited to working conditions such as wages and working hours, employee duties or disciplinary actions, union membership qualifications, and other matters subject to labor-management consultation; industrial actions outside these areas are not allowed. For example, matters related to management rights such as investment decisions or privatization, political claims that the employer cannot directly handle, and solidarity strikes (sympathy strikes) supporting other unions' strikes are strictly prohibited.

Additionally, the FKI explained that in the UK, on whether to conduct industrial actions, on-site voting is prohibited and only postal voting is allowed. This is because on-site voting raises concerns about breaches of secrecy and strike decisions influenced by crowd psychology. Postal voting is evaluated to have reduced both the number of participants in industrial action votes and the approval rate for industrial actions.

Furthermore, the UK Trade Union Act strictly limits picketing methods that appeal for support and participation from other workers. Legal picketing is only allowed around the workplace after appointing supervisors, and workplace occupation is strictly prohibited. Workplace occupation is considered an infringement of the employer's property rights and residential rights. Once industrial action begins, striking workers must leave the workplace as soon as possible, and union members who illegally occupy the workplace can be dismissed.

The FKI also pointed out that when industrial actions occur, employers can use replacement labor through new hires, subcontracting, fixed-term, and dispatched workers to perform the suspended work. In the UK, employers can dismiss workers who participate in illegal industrial actions. Even in legal industrial actions, if the employer has taken reasonable measures to resolve the dispute but the industrial action continues beyond 12 weeks, workers can be dismissed. Approval by the union executive is one of the conditions for legal industrial actions. Therefore, industrial actions not approved by the union executive (unofficial strikes) are considered illegal, and participating workers can be dismissed, while individuals who organized the industrial action bear liability for damages.

Choo Kwang-ho, head of the Economic Headquarters, said, "The UK, once known as a 'union paradise,' was able to cure the British disease through the Thatcher government's firm response and continuous labor reforms," adding, "South Korea also needs to refer to the UK's labor reform cases to correct the system biased toward unions and build an advanced labor market."

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