ACT ON THE PROMOTION OF WORKER PARTICIPATION AND COOPERATION [See entire ACT]

CHAPTER Ⅳ Functions of Council

Article 20 (Matters for Consultation)

(1) Matters requiring consultation by a council shall be as any of the following subparagraphs:

1. Improvement of productivity and distribution of results achieved;

2. Recruitment, placement, education and training of workers;

3. Settlement of workers' grievances;

4. Safety, health and improvement of other working environment, and promotion of workers' health;

5. Improvement of personnel and labor management systems;

6. General rules of employment adjustment, such as manpower transposition, retraining and dismissal due to managerial or technological reasons;

7. Administration of working hours and recess hours;

8. Improvement of systems for payment mode, system, structure, etc. of remuneration;

9. Introduction of new machinery and technologies, or improvement of work processes;

10. Establishment or amendment of work rules;

11. Employee stock ownership plan and other assistance to increase workers' property;

12. Matters on remuneration to relevant worker for an employee invention, etc.;

13. Improvement of workers' welfare;

14. Installation of surveillance equipment for workers within a workplace;

15. Protection of motherhood for women workers and matters to help combine work and home life;

16. Prevention of sexual harrassment on the job under subparagraph 2 of Article 2 of the Equal Employment Opportunity and Work-Family Balance Assistance Act and sexual harrassment by clients, etc.;

17. Other matters regarding cooperation between labor and management.

(2) A council may pass resolutions as to matters falling under any subparagraph of paragraph (1) in accordance with a quorum referred to in Article 15.
[This Article Wholly Amended by Act No. 8815, Dec. 27, 2007]

Article 21 (Matters for Resolution)

With respect to matters falling under any one of the following sub- paragraphs, an employer shall undergo a resolution by the council:

1. Establishment of a basic plan for education and training and ability development of workers;

2. Establishment and management of welfare facilities;

3. Establishment of an in-house employee welfare fund;

4. Matters which are not resolved by the grievance handling committee; and

5. Establishment of various labor-management joint committees.

[This Article Wholly Amended by Act No. 8815, Dec. 27, 2007]

Article 22 (Matters for Report, etc.)

(1) An employer shall report or explain in good faith matters falling under any one of the following subparagraphs at a regular meeting:

1. Matters concerning overall management plans and actual results;

2. Matters concerning quarterly production plans and actual results;

3. Matters concerning manpower plans;

4. Economic and financial conditions of enterprise.

(2) Workers' members may report and explain workers' demands.

(3) In cases where an employer fails to report or explain matters under paragraph (1), workers' members may require the employer to submit material falling under any subparagraph of the same paragraph, and the employer shall comply with such requirement in good faith.

[This Article Wholly Amended by Act No. 8815, Dec. 27, 2007]

Article 23 (Public Notice of Matters Resolved)

A council shall, without delay, publicly notify workers of matters resolved by it.

[This Article Wholly Amended by Act No. 8815, Dec. 27, 2007]

Article 24 (Implementation of Matters Resolved)

Workers and employers shall implement in good faith matters resolved by a council.

[This Article Wholly Amended by Act No. 8815, Dec. 27, 2007]

Article 25 (Voluntary Arbitration)

(1) In the cases falling under any one of the following subparagraphs, a council may settle disputes by having an arbitration body within the council to be established by agreement between workers' members and employers' members, or refer such dispute to a labor relations commission or other third party for arbitration:

1. Where a council fails to pass a resolution with regard to matters for resolution referred to in Article 21; and

2. Where there is any disagreement on interpretation or implementation methods, etc. for matters resolved by the council.

(2) When an arbitration award is rendered as referred to in paragraph (1), it shall be deemed to have undergone a resolution by a council, and workers and employers shall comply with such award.

[This Article Wholly Amended by Act No. 8815, Dec. 27, 2007]

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

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