MOEL Interpretation

L-M Council Act

Operation of the Labor-Management Council


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60.○○ Corporation agreed to discuss issues concerning dismissed employees at the Q3 1995 labor-management council during collective bargaining. The union subsequently requested the holding of the Q3 council, but the company refused, arguing that one of the council’s worker representatives was a dismissed employee and requested a replacement. The union claimed that under the Labor Union Act, Article 3(4) (note), since the dismissed employee is contesting the validity of the dismissal, the company’s refusal is unjust. ▶ In this case, can the company refuse to hold the council because a dismissed (or automatically retired) employee is included as a worker representative?
59.For a labor union composed of approximately 130 unit branches, each branch currently conducts its own labor-management council. Regarding the main union observing these councils as an observer, can the employer refuse entry to individuals who are not members of the relevant branch, such as dismissed employees or members of the main union, who wish to observe? Even if the main union intends to observe for the purpose of supporting labor-management council operations without speaking, can the employer prevent them from entering the meeting room, including actions like entering the room and offering advice without making formal remarks?
58.1. If the labor-management council cannot be held because employee representatives have resigned, withdrawn, or by-elections have not been held, can the employer unilaterally handle council agenda items? 2. Does failing to hold a regular labor-management council meeting due to the absence of employee representatives constitute a legal violation?
57.The company intends to handle relatively unimportant items, such as reporting matters, by sending the agenda to council members via email for review and asking if they have any opinions, then treating it as a meeting held and obtaining signatures later. The company proposes to use this method for 1–2 out of the total 4 required meetings. Is using a written resolution in this manner legally acceptable to count as part of the four mandatory meetings?
56.After holding a labor-management council meeting, the company drafted detailed meeting minutes based on the recorded content, including important agenda items, matters for consultation, and decisions. The minutes were sent to the union for review, and the union was asked to request corrections or additions if there were any objections. However, the union refuses to sign, claiming that the minutes are summarized and demanding a full transcript of the meeting without omitting a single word. In this case, is it permissible for the company to prepare and keep the minutes without the union’s signature?
55.Among the materials requested by worker representatives, some relate to business or trade secrets. It is stipulated that such materials do not have to be provided in advance. Specifically, what is included in this scope?
54.If 2 of the 3 employer representatives are unable to attend a labor-management council meeting due to unavoidable reasons, can consultation and voting rights be delegated to another person (including attending employer representatives) to hold the council meeting and make decisions?
53.Article 12(1) of the Act on Worker Participation and Cooperation Promotion stipulates that the council must hold regular meetings every three months. If the last labor-management council meeting in 2018 was held on December 19, 2018, and the first meeting in 2019 was held on March 27, 2019: Does “every three months” strictly mean within 3 months (i.e., from 2018.12.19 to 2019.3.18), and therefore does this constitute a violation of Article 12 of the Act?
52.If a regular labor-management council meeting was held before June 2019, and the regular meetings were held again in July and December 2019, does this violate the obligation to hold regular meetings under Article 12(1) of the Act on Worker Participation and Cooperation Promotion?
51.◉ Can an exception be made in the council rules regarding the notice period for convening a temporary meeting? Example: The chairperson must notify each member of the meeting's time, location, and agenda at least 7 days prior to the meeting. However, in cases of urgent temporary meetings, exceptions may be allowed.
50.◉ At the workplace, after the labor-management council meeting, both the meeting minutes and stenographic records are prepared and kept. However, in cases where the meeting runs for a long time and the amount of stenographic records becomes excessive, the workplace is considering replacing the stenographic records with a transcript. The question is whether this is permissible.
49.◉ There is a conflict between a specific employer representative and the labor union, and the worker representatives (appointed by the majority union) requested the disqualification of that specific employer representative. They informed the employer that they would not attend the regular meeting if their request was not accepted. ◉ Afterward, none of the worker representatives attended the regular meeting, and as a result, the meeting was not validly established. Can the employer be held responsible for the failure to hold the regular meeting?
48.◉ Our company operates a labor-management council with 5 representatives from each side (labor and management), as it is a multiple-union workplace without a majority union. ◉ In May 2020, the term of office of the council members expired, and 2 of the worker representatives resigned. Currently, only 3 worker representatives remain. However, there are differences between the unions regarding the criteria for electing new worker representatives, so the new worker representatives have not been elected. As a result, the worker representatives who have completed their term under Article 8(3) of the Worker Participation and Cooperation Promotion Act (the Act) continue to serve in their roles. Recently, one of the current 3 worker representatives expressed the intention not to participate in the labor-management council unless new worker representatives are elected soon. However, there is a disagreement between labor and management regarding the quorum for decision-making, as outlined below: Management: The quorum should be determined based on the number of members specified in the council’s regulations. Labor: The quorum should be determined based on the number of members present at the time of the meeting.
47.◉ If the employer's representative refuses to disclose the minutes of the labor-management council meeting, does that make it impossible to disclose them?
46.◉ If a labor union, citing past cases where multiple companies held a unified labor-management council, demands the holding of a unified labor-management council that integrates dozens of other companies (legally separate corporations or employers, including our company), can the company refuse the request on the grounds that each company should hold its own separate labor-management council?
45.◉ If a specific division (Plant A) is spun off and becomes a “two companies, one union” structure, can the existing labor union represent both companies and operate a single labor-management council?
44.◉ If a labor-management council was established when the number of employees reached 30 or more, but the workplace later falls below 30 regular employees, how long must the labor-management council continue to operate?
43.◉ At Workplace A, “organizational changes” were designated as a consultative item for the labor-management council, and discussions were held; however, the opinions of labor and management were opposed, and no result was reached regarding the consultative item
42.◉ In order to boost employee morale and foster unity, we plan to organize and operate workplace clubs. We intend to submit “Proposal for Formation and Operation of Clubs” as an agenda item for the labor-management council in the second quarter of this year. Can this item be considered a labor-management council agenda under Article 20(1), Items 13 and 17 of the Act on the Promotion of Worker Participation and Cooperation?
41.◉ Article 19 of the Act on the Promotion of Worker Participation and Cooperation (Worker Participation Act) lists “employee recruitment, placement, and training” as consultative matters. However, Article 20, which lists matters subject to formal decision, does not specifically mention “employee recruitment and placement.” ◉ Therefore, while there is a need to consult on “employee recruitment and placement” in the labor-management council, formal decision-making is not mandatory, and since this pertains to management rights, is it permissible for the employer to make the final decision?
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