Article 1 (Purpose)

The purpose of this Act is to maintain and improve the working conditions and to improve the economic and social status of workers by securing the workers’ rights of association, collective bargaining and collective action pursuant to the Constitution, and to contribute to the maintenance of industrial peace and to the development of the national economy by preventing and resolving labor disputes through the fair adjustment of labor relations.

Enforcement Ordinance

Article 2 (Definitions)

The terms used in this Act are defined be as follows:

1. The term "worker" means any person who lives on wages, a salary, or any other income equivalent thereto, regardless of the person's occupation;

2. The term "employer" means a business owner, a person responsible for the management of a business or a person who acts on behalf of a business owner with regard to matters concerning workers in the business;

3. The term "employers’ association" means an organization of employers which has powers to adjust or control its members in connection with labor relations;

4. The term "trade union" means an organization or associated organizations of workers, which is formed in voluntary and collective manner upon the workers’ initiative for the purpose of maintaining and improving their working conditions and enhancing their economic and social status: Provided, That an organization shall not be regarded as a trade union in cases falling under any of the following subparagraphs:

(a) Where an employer or other persons who always act in the interest of the employer is allowed to join it;

(b) Where most of its expenditure is supported by the employer;

(c) Where its activities are only aimed at mutual benefits, moral culture and other welfare undertakings;

(d) Where those who are not workers are allowed to join it

(e) In case where its aims are mainly directed at political movements;

5. The term "industrial disputes" means any controversy or difference arising from disagreements between a trade union and an employer or employers’ association (hereinafter referred to as "parties to labor relations") with respect to the determination of terms and conditions of employment as wages, working hours, welfare, dismissal, and other treatments. In such cases, the disagreements refer to situations in which the parties to labor relations are no longer likely to reach an agreement by means of voluntary bargaining even if they continue to make such an attempt;

6. The term "industrial actions" means actions or counter-actions which obstruct the normal operation of a business, such as strikes, sabotage, lock-outs, and other activities through which the parties to labor relations intend to accomplish their claims.

Article 3 (Restriction on Claims for Damages)

When an employer has suffered damages due to collective bargaining or industrial action under this Act, he shall not claim damages against a trade union or workers.

Article 4 (Justifiable Activities)

Article 20 of the Criminal Act shall apply to justifiable activities which are conducted to achieve the purpose of Article 1 as collective bargaining, industrial action and other activities by trade unions: Provided, That acts of violence or destruction shall not be construed as justifiable for any ground.