LABOR CASES

Collective Bargaining and Collective Agreement

Collective Agreement (Sample)


Collective Agreement (Sample)
Preamble
XXXX Ltd. (hereinafter referred to as "the Company") and XXXX Labor Union hereby enter into this Collective Bargaining Agreement (hereinafter referredto as "the Agreement") and covenant to observe and fulfill the Agreement in good faith on a mutual basis, in order to contribute to the improvement of the political, social, economic and cultural status of Union members, as well as promote industrial peace through clarification, stabilization and democratization of the workplace, and by improving the working conditions and respecting mutual basic rights and duties according to the fundamental principles of the Constitution and Labor Law.
Chapter 1. General Rules
Article 1 (Scope of Application)
This agreement shall apply only to Union members of the Company.
Article 2 (Recognition as a Sole Bargaining Body) -deleted
Article 3 (Effectiveness of the Agreement)
1. Any and all provisions of this Agreement, which establish standards lower than those under relevant legislation shall be null and void, and the parties shall comply with the relevant legislation.
2. Even after expiration of the effective period of this agreement, if negotiations for its renewal are in progress, this agreement shall remain in force.
3. Any labor contract and conditions not included in this agreement shall be in accordance with relevant legislation.
Article 4 (Restrictions Against Degrading Existing Working Conditions)
1. Regardless of the termination or renewal of this agreement, or omission in the agreement or for any other reasons, the Company shall not degrade any working conditions which the Union has either already secured or implemented.
2. The Company shall function on the principle of equal treatment and shall not disadvantage Union members in working conditions or other valuables without justifiable reason.
Article 5 (Criteria for Union Membership) Every employee of the Company shall have a free right to be a member of the Union in accordance with the regulations of the Union.
Chapter 2. Union Activities
Article 6 (Freedom of Union Activity) The Company shall ensure to accord Union members with freedom in engaging in Union activities, and it shall not intervene with the operation of the Union for any reason. The Company shall not discriminate in any way against any Union members for their involvement in legitimate Union activities.
Article 7 (Union Activity during Working Hours)
1. In principle, Union activities shall be performed outside of working hours.
2. Where a non full-time Union officer or Union member needs to perform any Union activity during working hours, such activity shall be performed after prior consultation with the Company either orally or in writing.
3. Non full-time Union officers shall be permitted to spend 3 working hours each week on Union activities. However, for delegate members of KMWU and Daejeon- Chungbuk district, 5 working hours per month shall be permitted for Union activities.
5. Four (4) hours per quarter shall be permitted for use in educating Union members. These hours can also be banked up and used as an accumulated total within a calendar year.
6. During Company training programs for newly hired technicians, 2 hours shall be allocated for the Union to provide orientation for them as new union members.
7. With regards to Article 7(5), the Union shall notify the Company at least one week before the planned session, either orally or in writing, and determine the time, date, and place for the session after consulting with the Company.
8. Time spent for Union activities during working hours, as described in aforesaid Paragraphs, shall be considered as working hours.
Article 8 (Publicity and Public Relations Activity within the workplace) The Company shall install a bulletin board for exclusive use by the Union, and the Union shall be allowed free posting/distribution of its publicity and public relations activities and other necessary matters. In-house broadcasting may be used after consulting with the Company.
Article 9 (Full-Time Union Officers)
1. The Company shall allow 2 full-time Union officers plus a chairman of the Unit Union.
2. If the workload of the Union increases to a level where the proper performance of Union activity becomes affected, the number of full-time Union personnel may be reviewed and adjusted through discussions with the Company.
Article 10 (Treatment of Full-time Union Officers)
1. During the period when such full-time Union officers are providing service to the Union, he/she shall continue to adhere to the various Company regulations, and such service period shall be considered as part of his/her continuous service period with the Company.
2. In the event the full-time service ceases, he/she shall be reinstated to his/her original position or to a similar job, and no unfavorable treatment shall be given to such officers.
Article 11 (Recognition of Public Position)
1. The Company shall support the assumption of a public service role by Union members, and the Company shall, upon receipt of such a request by Union members, allow time required for the involvement in such public service activities.
2. "Public service role" refers to activities which are recognized by upper organizations of labor unions, labor-management conference groups, and other recognized associations.
Article 12 (Collection of Union Dues)
1. The Company shall deduct monthly Union dues from the monthly wages of its Union employees, and Union dues shall be handed over to the Union within 3 days of the deduction, along with the details of the deduction.
2. The Company shall hand over to the Union any levy to be imposed and deducted, in accordance with the resolution of the Union.
3. The Company may request information with regards to such deductions.
Article 13 (Provision of Facilities) Upon request of the Union, the Company shall do its best to provide part of the premises and/or furniture necessary for the activities of the Union.
Article 14 (Provision of Convenience to Inspect Documents and Data) Upon request of the Union, the Company shall do its best to provide information with regards to Union members, wages, working conditions, employment plans (Personnel policies, manpower supplement plans, recruiting or training) as well as information with regards to work safety; business results and business plans, such as financial indicators; general financial matters of the Company; and other documents and data concerning labor union activities. However, if the Company classifies them as confidential, the Union shall maintain such confidentiality.
Chapter 3. The Company's Social Responsibility and Principles of Management
Article 15 (The Company's Social Responsibility and Principles of Management)
1. The Company shall do its best to fulfill its social responsibilities, make efforts to contribute to regional cultural development, welfare enhancement, environmental protection, and to support local agricultural products, instill pride in its employees, and raise its reliability in the industry.
2. The Company shall create principles to maintain transparency in managing the Company towards progressive development and national industrial growth. When the Union inquires about important matters regarding the business, the Company shall explain to the Union those matters and the Union, in turn, shall ensure to maintain the confidentiality of such matters.
Chapter 4. Personnel Affairs
Article 16 (Principle of Personnel Management) The Company shall do its best to fairly and reasonably apply personnel management policies to Union members without discrimination.
Article 17 (Rewards) Where necessary, the Company shall, based on separately defined stipulations, award

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call (+82) 2-539-0098 or email bongsoo@k-labor.com

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