ACT ON THE EMPLOYMENT IMPROVEMENT,ETC., OF CONSTRUCTION WORKERS [See entire ACT]

CHAPTER Ⅱ Improvement of Employment of Construction Workers

Article 5 (Employment Manager)

(1) An employer shall designate a person responsible for employment management for each workplace and report this to the Minister of Employment and Labor in order to deal with the business of the relevant workplace in respect of the following matters:Provided that this shall not apply to workplaces smaller than the size prescribed by Presidential Decree:
1. Matters on the recruitment, employment and assignment of construction workers:
2. Matters on education and training provided to improve the skills of construction workers:
3. Matters on the installation and use of amenities for construction workers;
4. Matters on administrative work related to employment insurance such as the report of the acquisition or loss, etc. of qualifications for the insured;
5. Matters on the retirement mutual aid scheme such as subscription to the retirement mutual aid scheme, the payment of mutual-aid contributions;and
6. Other matters on employment management for construction workers as prescribed in the Ordinance of the Ministry of Employment and Labor.
(2) If an employer has designated an employment manager, he/she shall notify the fact of the designation to the construction workers by, for instance, posting a notice of the name of the employment manager and other matters prescribed by the Ordinance of the Ministry of Employment and Labor at the workplace concerned.
(3) Specific matters concerning the designation and report of persons responsible for employment management and other necessary matters shall be prescribed by Presidential Decree.
(4) An employer shall make efforts to improve an employment manager’s capability to perform his/her jobs by, for instance, educating and training him/her.
(5) A person responsible for employment management, who is designated by an original contractor, shall provide guidance and assistance to a person responsible for employment management, who is designated by a subcontractor in the same workplace, in dealing with business in respect of the matters referred to in subparagraphs 3 through 5 of paragraph (1).
<This Article Wholly Amended by Act No. 8811, Dec. 27, 2007>

Enforcement Ordinance

Article 3-2 (Designation of and Reporting on Persons Responsible for Employment Management)

(1) In accordance with the main sentence of the part other than the subparagraphs of Article 5 (1) of the Act, a business owner shall designate a person to be responsible for employment management by place for business from among the employer defined in Article 2 (1) 2 of the Labor Standards Act or workers working at the relevant place for business.

(2) "Places for business which do not exceed a scale prescribed by Presidential Decree" in the proviso to the part other than the subparagraphs of Article 5 (1) of the Act means places for business where a construction work, the total cost of which is less than two billion won, is being conducted.

(3) A person responsible for employment management may perform other duties to the extent not hindering the performance of his/her duties prescribed in Article 5 (1) of the Act.

(4) When a business owner files a report on the acquisition of insured status under Article 15 of the Employment Insurance Act, he/she shall also report the name, position, and details of the duties of a person responsible for employment management.

[This Article Newly Inserted by Presidential Decree No. 23253, Oct. 26, 2011]

Article 6 (Issuance of Documents on Employment)

Where an employer employs construction workers, he/she shall give documents stating the following matters to the construction workers concerned under the conditions as prescribed by the Ordinance of the Ministry of Employment and Labor:
1. Name of the employer (meaning the representative in case of a juristic person):
2. Name and location of the workplace (including the name and location of the juristic person if the employer is a juristic person);
3. Working hours, wage and employment period;and
4. Specific contents of the work
5. Other matters prescribed by the Ordinance of the Ministry of Employment and Labor.
<This Article Wholly Amended by Act No. 8811, Dec. 27, 2007>

Article 7 (Employment Improvement, etc. for Construction Workers)

(1) The Minister of Employment and Labor may conduct the following business for improvement of employment management, employment security, vocational skills development and improvement, etc. for construction workers:
1. Vocational training and educational training conducted for the cultivation, technical improvement, etc. of manpower with construction skills;
2. Installation and operation of employment service facilities for construction workers;
3. Implementation of programs to improve the employment situation for construction workers;
4. Education and training of persons responsible for employment management;and
5. Other business necessary for employment security, employment promotion and welfare promotion for construction workers.
(2) The Minister of Employment and Labor may entrust a corporation or an organization prescribed by Presidential Decree, that is deemed to have the manpower and facilities to carry out business under each subparagraph of paragraph (1) with part of the business, and the corporation or organization so entrusted may re-entrust the said business to another person after obtaining approval from the Minister of Employment and Labor.
(3) To conduct business under each subparagraph of paragraph (1), a corporation or an organization entrusted or re-entrusted under paragraph (2) shall meet the requirements prescribed by Acts and subordinate statutes relating to the conducting of the business, such as the Workers Vocational Skills Development Act and the Employment Security Act.
(4) For persons entrusted with business under paragraph (2), the Minister of Employment and Labor may fully or partially subsidize their expenses.
(5) For employers who have subscribed to the retirement mutual aid scheme, the Minister of Employment and Labor may partially subsidize the mutual aid contributions they are required to pay, as prescribed by the Employment Insurance Act.
(6) The Minister of Employment and Labor shall give priority consideration to daily construction workers when conducting business under each subparagraph of paragraph (1).
<This Article Wholly Amended by Act No. 8811, Dec. 27, 2007>
<Title of this Article Amended by Act No. 10965, Jul. 25, 2011>

Enforcement Ordinance

Article 3-3 (Support for Improvement etc. in Employment of Construction Workers)

Pursuant to Article 7 (2) of the Act, the Minister of Employment and Labor shall entrust the business referred to in the subparagraphs of Article 7 (1) of the Act to any of the following corporations or organizations:

1. The Mutual-Aid Association for Construction Workers under Article 9 of the Act (hereinafter referred to as the "Mutual-Aid Association");

2. The Human Resources Development Service of Korea under the Human Resources Development Service of Korea Act (hereinafter referred to as the "Human Resources Development Service of Korea");

3. Business owners' organization or workers' organization related to construction business which meet the requirements for provision of support for employment under the Employment Security Act or other statutes or regulations, determined and publicly notified by the Minister of Employment and Labor;

4. Other non-profit organizations that the Minister of Employment and Labor determines and publicly notifies to improve employment of construction workers.

(2) Where the Minister of Employment and Labor entrusts business under paragraph (1), he/she shall publish institutions entrusted with such business and the details of affairs entrusted on the website or in the Official Gazette of the Ministry of Employment and Labor.

[This Article Wholly Amended by Presidential Decree No. 29972, Jul. 9, 2019]

Article 7-2 (Installation, etc. of Employment-related Facilities)

An employer shall set up facilities such as restroom, dining rooms, dressing rooms, etc., and take measures to make them available at the site where construction work on a scale larger than the one prescribed by the Presidential Decree. In this case, the criteria for their installation or measures to make them available and other necessary matters shall be prescribed by the Ordinance of the Ministry of Employment and Labor.
<This Article Wholly Amended by Act No. 8811, Dec. 27, 2007>

Enforcement Ordinance

Article 4 (Scale of Construction Works Obligated to Build, etc. Convenient Facilities Related to Employment)

Construction works for which it is obligatory to build such facilities as lavatories, mess halls, dressing rooms, etc. or to take measures to use such facilities shall be the construction works, the estimated construction cost (where any construction sites are divided into two or more sites, referring to the estimated construction cost of respective site out of the total estimated construction cost) of which is at least 100 million won.

Enforcement Ordinance

Enforcement Ordinance

Enforcement Ordinance

Enforcement Ordinance

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

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