MOEL Interpretation

L-M Council Act

General Provisions


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6.The company generally forms an organization called the “Hanmaeum Council” and sets up an election management committee for the purpose of operating the labor-management council. We actually want to join a union, but what exactly is a labor-management council?
5.Does the term “worker” in Article 6(2) of the Act on the Promotion of Worker Participation and Cooperation have the same meaning and scope as the term “worker” in Article 2(1) of the Labor Union and Labor Relations Adjustment Act? Does “majority of workers” in Article 6(2) of the Act on the Promotion of Worker Participation and Cooperation refer to the majority of employees eligible to join a union under a collective agreement?
4.Our union is a nationwide industrial union composed of individual enterprise-level workplace branches. We have questions regarding the terms “majority of workers” and “majority of workers of the same type who are regularly employed” as used in Article 9 of the Labor Standards Act, Article 35 of the Labor Union and Labor Relations Adjustment Act, Article 6 of the Act on the Promotion of Worker Participation and Cooperation, and Article 5 of the Act on the Protection of Dispatched Workers Question: - The meaning of “majority of workers” and “majority of workers of the same type who are regularly employed” under the above laws. - Whether part-time workers performing auxiliary tasks, dispatched workers employed by another company but working in our company, and contract employees paid according to results from a partner company fall within the definition of workers or majority of regularly employed workers of the same type under the relevant laws. - Article 6(2) of the Act on the Promotion of Worker Participation and Cooperation provides that worker representatives are elected by workers, and if a union representing a majority of workers exists, the union and its designees serve as representatives. If a collective agreement specifies that “the labor-management council shall be formed by the company and the union (branch), designating mutual representatives as committee members, and designees of the (worker) representative shall be (worker) committee members,” does this clause apply differently for branches where the branch does or does not represent a majority of regular employees? If a branch’s union members do not constitute a majority, is this clause invalid, requiring new worker representatives to be elected from the full workforce?
3.In workplaces where a union exists and a collective agreement has been concluded, most matters that would be handled by a labor-management council are already included in the collective agreement. Therefore, shouldn’t an exception be recognized for establishing a labor-management council in workplaces with a union?
2.Regarding the establishment of a labor-management council at ○○ Corporation, what is the scope of “workers” and “employers” when determining whether a majority union exists?
1.The representative director is an ex officio employer member of the labor-management council, but due to being busy, has not attended a single council meeting for a year, making smooth operation difficult. Can sanctions be imposed if the representative director continues not to attend the labor-management council?
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