ACT ON EQUAL EMPLOYMENT AND SUPPORT FOR WORK-FAMILY RECONCILIATION [See entire ACT]
CHAPTER Ⅳ Prevention and Settlement of Disputes
- Article 23 (Assistance for Counseling Services)
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(1) The Minister of Employment and Labor may, within budgetary limits, partially subsidize necessary expenses incurred by private organizations in conducting counseling services on discrimination, sexual harassment on the job, protection of motherhood and work-family balance, etc.
(2) Matters necessary for the requirements for selecting organizations, criteria and procedures for subsidization, interruption of subsidization, etc under paragraph (1) shall be prescribed by Ordinance of the Ministry of Employment and Labor.
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]
- Article 24 (Honorary Supervisors for Equal Employment)
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(1) The Minister of Employment and Labor may, in order to promote equal employment for both genders at the business place, commission a person from among the employees belonging to the relevant business place, who is recommended by both labor and management, as the honorary supervisor for equal employment (hereinafter referred to as the "honorary supervisor").
(2) The honorary supervisor shall perform the following duties:
1. Counseling and advice to employees becoming victims upon occurrence of discrimination or sexual harassment on the job at the relevant business place;
2. Participation in autonomous inspections and guidance of the status of equal employment at the relevant business place;
3. Recommendations to the employer on improvement of the matters involving violations of statutes or regulations, and report thereon to the supervisory agency;
4. Publicity and enlightenment concerning the equal employment system for both genders;
5. Other duties determined by the Minister of Employment and Labor in order to realize equal employment for both genders.
(3) No employer shall take any disadvantageous personnel measures against the relevant employee on grounds that such employee has duly performed duties as an honorary supervisor.
(4) Matters necessary for the commissioning, decommissioning, etc. of honorary supervisors shall be prescribed by Ordinance of the Ministry of Employment and Labor.
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]
- Article 25 (Voluntary Settlement of Disputes)
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When any employee files a report on grievance of the matters under Articles 7 through 13, 13-2, 14, 14-2, 18 (4), 18-2, 19, 19-2 through 19-6, 21 and 22-2, the employer shall strive for voluntary settlement thereof, such as entrusting the settlement of grievances to the labor-management council established in relevant business place under the Act on the Promotion of Employees' Participation and Cooperation.
[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]
Enforcement Ordinance
- Article 18 (Report on Grievances)
Article 18 (Report on Grievances)(1) A report on grievances under Article 25 of the Act shall be made orally, in writing, by mail, telephone or fax, via the Internet, etc.
(2) Upon receipt of a report on grievances under paragraph (1), an employer shall, in person, handle such grievances within 10 days from the date of receiving the report, or entrust the handling to the labor-management council established under the Act on the Promotion of Employees' Participation and Cooperation unless there is a compelling reason not to do so. In the former case, he or she shall notify the relevant employee of the results of handling the grievances; in the latter one, of the fact of entrustment.
(3) Each employer shall prepare and keep the ledger of acceptance and handling of grievances, and retain the relevant documents for three years.
(4) The ledger of acceptance and handling of grievances under paragraph (3) shall be prepared and kept by means enabling the electronic processing unless there is any compelling reason to believe that electronic processing is impracticable, and the relevant documents under that paragraph may be prepared and retained by electronic means.
- Articles 26 through 29 Deleted.
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- Article 30 (Burden of Proof)
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In settling disputes related to this Act, the burden of proof shall be borne by the employer.
[This Article Wholly Amended on Dec. 21, 2007]
