LABOR STANDARDS ACT [See entire ACT]

CHAPTER Ⅸ Rules of Employment

Article 93 (Preparation and Reporting of Rules of Employment)

An employer who regularly employs ten or more employees shall prepare the rules of employment regarding the following matters and report such rules to the Minister of Employment and Labor. The same shall also apply where he/she amends such rules:

1. Matters pertaining to the beginning and ending time of work, recess hours, holidays, leaves, and shifts;

2. Matters pertaining to the determination, calculation and payment method of wages, the period for which wages are calculated, the period for paying wages, and pay raises;

3. Matters pertaining to the methods of calculation and payment of family allowances;

4. Matters pertaining to retirement;

5. Matters pertaining to retirement benefits set under Article 4 of the Act on the Guarantee of Employees' Retirement Benefits, bonuses, and minimum wages;

6. Matters pertaining to the burden of employees' meal allowances, expenses of operational tools or necessities and so forth;

7. Matters pertaining to educational facilities for employees;

8. Matters pertaining to the protection of employees' maternity and work family balance assistance, such as leaves before and after childbirth and child-care leaves;

9. Matters pertaining to safety and health;

9-2. Matters pertaining to the improvement of a workplace environment according to characteristics of employees, such as sex, ages, or physical conditions;

10. Matters pertaining to assistance with respect to occupational and non-occupational accidents;

11. Matters pertaining to the prevention of workplace harassment and the measures to be taken in cases of occurrence of workplace harassment;

12. Matters pertaining to award and punishment;

13. Other matters applicable to all employees within the business or workplace concerned.

Article 94 (Procedures for Preparation and Amendment of Rules)

(1) An employer shall, with regard to the preparation or alteration of the rules of employment, hear the opinion of a trade union if there is such a trade union composed of the majority of the employees in the business or workplace concerned, or otherwise hear the opinion of the majority of the said employees if there is no trade union composed of the majority of the employees: Provided, That in case of amending the rules of employment unfavorably to employees, the employer shall obtain their consent thereto.

(2) When an employer reports the rules of employment pursuant to Article 93, he/she shall attach a document stating the opinion as referred to in paragraph (1).

Article 95 (Restrictions on Punishment Regulations)

When a punitive wage cut for employees is to be contained in the rules of employment, the amount of reduced wage for each infraction shall not exceed half of one day's average wages of the relevant employee, and the total amount of reduction shall not exceed one-tenth of the total amount of wages at each time of wages payment.

Article 96 (Observance of Collective Agreement)

(1) Rules of employment shall not conflict with any statutes, or a collective agreement applicable to the business or workplace concerned.

(2) The Minister of Employment and Labor may give an order to modify any part of the rules of employment which conflict with any statutes or the collective agreement concerned.

Article 97 (Effect of Violation)

If a labor contract includes any term or condition of employment which falls short of the standards of labor as provided for in the rules of employment, such part shall be null and void. In this case, the invalidated part shall be governed by the standards provided for in the rules of employment.

For further questions, please
call (+82) 2-539-0098 or email bongsoo@k-labor.com

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