Rules of Operation for the Labor-Management Council (Sample)
Established on July 4, 2XXXx
Preamble
These rules are established by a bilateral agreement between Labor and Management so that the Company and Company Workers can operate a Labor-Management Council efficiently on the basis of trust, cultivate fair Labor-Management relations, contribute to the healthy growth of the Company, and improve the social & economic status of workers.
Chapter 1. General Rules
Article 1 (Purpose) These rules are for the purpose of regulating conditions necessary to a Labor-Management Council established in, Ltd(hereinafter referred to as "the Company").
Article 2 (Establishment and Operation) A Labor-Management Council of the Company (hereinafter referred to as "the Council") shall be established at the Incheon plant where the Company's office is located.
Article 3 (Good Faith Obligation) Workers and Employers shall consult with each other in faith and mutual trust.
Chapter 2. Establishment of the Council
Article 4 (Composition) ① The Council shall be composed of representatives of the employees, (hereinafter referred to as "Employee Representatives") and representatives of the employer (hereinafter referred to as "Employer Representatives"). There shall be no fewer than 3 and no more than 10 members in the Council. ② When an Employee Representative or Employer Representative drops out, the replacement should be or commissioned according to both Presidential Decree and these Rules within 30 days.
Article 5 (Election of Employee Representatives) ① By means of the Act, Article 6-②④ Representatives shall be elected by direct, secret, and unsigned vote of a majority of the workers. ② Anyone who applies to be an Employee Representative must be an employee of the Company and have more than five recommendations.
Article 6 (Commission of Employer Representatives) Employer Representatives shall be recommended commissioned by the Employer, or someone chosen by the Employer with the authority to do so, and the Representative Director.
Article 7 (Term of Office of Representatives) ① The term of office of representatives shall be three representatives may be re-elected or re-commissioned. ② A representative shall continue to perform his/her duties until his/her successor has been elected or even though the term of his/her office may have expired. ③ The term of office for a representative elected or commissioned to fill a vacancy shall be the term of the predecessor.
Article 8 (Chairman) ① There shall be a chairman of the Council, and the chairman shall be elected from among its members. When exceptions are necessary, Employee Representatives and Representatives shall elect their own choice of chairman, and may rotate the chairmanship. In such cases, the chairman shall perform his/her duties until the next conference is held. ② The chairman shall represent the Council and shall preside over and manage the affairs thereof.
Article 9 (Administrative secretary) ① The Employee Representatives and Employer Representatives shall each have one secretary to handle the recording of Council affairs and other clerical matters of the Council. ② An administrative secretary for each side shall be elected by each party.
Article 10 (Status of Members) ① Members shall not work exclusively for the Councilshall not be compensated for their services to the Council. ② The employer shall not take disadvantageous action against Employee Representatives in connection with the performance of their duties as members of the Council. ③ The time spent by Employee Representatives at Council meetings shall be considered as hours devoted to work.
Chapter 3. Operation of the Council
Article 11. (Meetings) ① There are two kinds of Council meetings: regular meetings and extraordinary meetings. ② The Council shall hold regular meetings once every three months. ③ The Council may hold an extraordinary meeting when either an Employer Representative asks it or when a majority of the Employee Representatives ask for it.
Article 12. (Calling Meetings) ① The chairman shall call for and preside over meetings of the Council.② The chairman shall notify each member of the date, time, place, agenda, etc. seven days prior to the meeting. Exceptions to this would be for urgent cases requiring an extraordinary meeting.
Article 13. (Quorum) A meeting shall open with the presence of a majority of each of the Employee Representatives and the Employer Representatives, and decisions shall be made by a vote of two-thirds or more of the members present.
Article 14. (Open Meetings) Council meetings shall be open to the public: however, they may be closed to the public upon resolution of the Council.
Article 15. (Maintaining Confidentiality) Members of the Council shall not divulge any matters revealed at a Council meeting. The scope of confidentiality shall be decided at each meeting.
Article 16. (Keeping of Minutes) The Council shall draw up and keep minutes recording the following information:
1. Date, time and place of each meeting;
2. Members present at each meeting;
3. Content of consultations and matters agreed upon at each meeting; and
4. Other matters discussed at each meeting.
Chapter 4. Functions of the Council
Article 17. (Matters Subject to Consultation)
① The Council shall make it a principle to consult the following items:
1. The improvement of productivity and the distribution of results:
A. Introduction & improvement of machines․ facilities;
B. Activities per Production Department;
C. Methods for measuring productivity;
D. Improvement of production-related organization;
E. Establishment and revision of job rules;
F. Introduction of new technology․& methods;
G. Working and recess hours;
H. Disposition of machines, tools, etc.; and
I. Other matters concerning the improvement of productivity.
2. Workers' employment, disposition, education & training:
A. On-the-job-training inside the workplace;
B. Training & instruction and training tours;
C. Operation of the attached school and attendance of special classes; and
D. Other matters concerning worker education and training.
3. Handling worker grievances:
A. Procedures for handling grievances (Report procedures, handling place & time, etc.);
B. Dealing with complicated grievances, or grievances that are beyond the scope of authority for the grievance-handling team; and
C. Other matters concerning the handling of worker grievances.
4. Safety&improvement of the working environment, and maintenance of worker health
A. Improvement of the working environment, such as ventilation, noise levels, light, temperature, dust, environment beautification, etc.;
B. Working uniform and protective tools; and
C. Fire alarm training.
5. Improvement of the institution towards rational operation of personnel and management of labor:
A. Basic rules about personnel;
B. Criteria for job appraisals;
C. Criteria for disposition and movement and D. Other matters concerning improvement of personnel and management of labor
6. General principles of employment adjustment, such as movement of personnel from one position to another․retraining․dismissal, etc. due to the business environment or new technology.
7. Operation of working and recess hours
8. Improvement of wage payment methods․ structure, composition, etc.
9. Introduction of new machines․ technology, or improvement of the working process.
10. Establishment or revision of working rules
11. Assistance to workers in the form of property accumulation, such as company stock ownership.
12. Enhancement of welfare of the workers：
A. Installation․operation of welfare facilities and a welfare system, such as dormitories, cafeterias, booths, entertainmen