Labor Law Q&A details

Chapter 13 Labor Union

Differences in Effect between Collective Agreements and Labor-Management Council Resolutions

In an upcoming labor-management meeting, I would like to ask the company about education and training programs for its employees and pass a resolution. What is the difference between a labor-management council resolution and a collective agreement, and what can be done if the company fails to implement the resolution?

A business or workplace employing at least 30 workers shall establish a labor-management council and hold regular meetings for it. A quorum will exist when a majority of the workers and the employer’s representatives are present, and resolutions will be decided by two-thirds vote of the attending committee members.
The collective bargaining relationship is designed for labor unions to negotiate with employers to improve working conditions, protect union activities and conclude a collective agreement. Penalties shall be imposed for violations of certain provisions of the collective agreement under the Trade Union and Labor Relations Adjustment Act, and the right will exist to enter a civil claim in any agreement made under the Collective Agreement.
On the other hand, labor-management councils are where labor and management are to work, consult and make decisions together in good faith to improve productivity and worker welfare through participation and cooperation. Decisions made by the labor-management council do not directly determine the working conditions of individual workers, as those are covered by labor contracts, employment rules, and collective agreements. However, the principle of good faith is necessary to ensure the fulfillment of each party’s obligations, so violating agreements or decisions made by the labor-management council is subject to legal penalty.

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

    • 맨앞으로
    • 앞으로
    • 다음
    • 맨뒤로