Minister Kim Young-hoon: “Subcontractor unions to be guaranteed effective bargaining rights… Separate negotiations for primary and subcontractor unions”

Advance Notice of Amendment for Yellow Envelope Act’s Enforcing Decree, ‘Kim Young-hoon, the Minister of Employment and Labor, announced on the 24th that “in accordance with the intent of the revised Trade Union Act, which ensures practical bargaining rights for subcontracted workers, we have prepared an amendment to the enforcing decree that includes procedures for establishing a stable bargaining system to support this, such as the unification of bargaining channels.”‘,
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, ‘Minister Kim stated during a briefing on the “Trade Union Act’s Enforcing Decree and Enforcement Rules Legislative Notice” at the Seoul Government Complex, “We have focused on reducing uncertainty in the field and helping with the stable establishment of the system by maximizing the principle of labor-management autonomy.” The revised Trade Union and Labor Relations Adjustment Act, also known as the Yellow Envelope Act, was amended last September and will take effect on March 10 next year.’,
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, ‘As the basic purpose of the revised Trade Union Act, Minister Kim presented “the expansion of the recognition of employer status for subcontracted workers” and “guaranteeing practical bargaining rights.” He explained, “Changing the outdated system where subcontracted workers couldn’t even communicate with the prime contractors, who actually determine their working conditions, is the core of this revision,” and described it as “a law that creates a foundation for sustainable growth through participatory and cooperative labor-management relations.”‘,
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, ‘As a key aspect of this enforcing decree amendment, Minister Kim highlighted the regulations on “separation of bargaining units and unification of bargaining channels.” He stated, “When multiple subcontractor unions with recognized employer status exist, if labor and management voluntarily agree on a bargaining method, the government will support it to the fullest. If no agreement is reached, we will proceed with the unification of bargaining channels based on the prime contractor’s business site while operating the system to separate bargaining units according to the situation on the ground to ensure the substantial bargaining rights of subcontractor unions.”‘,
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, ‘He particularly clarified that “since the scope of working conditions and interests differ between prime contractor unions and subcontractor unions, bargaining units should be separated in principle.”‘,
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, ‘The amendments also include granting the prime contractor an obligation to bargain as an employer if the labor commission recognizes its substantial control over certain working conditions. Minister Kim stated, “We will minimize unnecessary disputes over employer status before bargaining in the future,” and added, “We will also respect the autonomy of negotiations between prime and subcontractor unions regarding issues outside the labor commission’s judgment scope.”‘,
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, ‘In cases where the labor commission recognizes employer status but the prime contractor fails to enter negotiations without legitimate reasons, the government plans to facilitate bargaining through guidance and unfair labor practice measures via local employment and labor offices.’,
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, ‘Minister Kim stated that the amendment specifies criteria for the separation of bargaining units. He explained, “We have stipulated that various factors such as the scope of the union organization, the commonality of interests, and the appropriateness of interest representation should be comprehensively considered.”‘,
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, ‘Additionally, he mentioned, “A provision to extend the decision period has been newly established so that the labor commission can thoroughly review during the deliberation process, such as publicizing bargaining demands,” and stated, “To prevent repeated employer status disputes between prime and subcontractors, a ‘Committee for Supporting Employer Status Determination’ (provisional name) will also be established.”‘ Composed of experts, this committee will support labor and management by providing judgments on the scope of employer status before and after bargaining, enhancing predictability in negotiations.’,
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, ‘Minister Kim emphasized, “The role of the labor commission is crucial for the stable operation of prime-subcontractor negotiations,” and mentioned that they are meticulously preparing for the system’s implementation by increasing commission manpower and ensuring participation in the field.’,
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, “To reduce confusion in the field before the law’s implementation, the government plans to announce three major practical guidelines within the year: ‘Guidelines for Employer Status Determination,’ ‘Guidelines for the Scope of Labor Disputes,’ and ‘Negotiation Procedure Manual.'”,
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, ‘Minister Kim emphasized their efforts to enhance predictability in the field by incorporating the determination criteria and specific cases tailored to the new employer definition into the guidelines and to specify the standards for judging ‘business management decisions affecting working conditions’ in the scope of labor disputes. The negotiation procedure manual will provide detailed information on the separation of bargaining units between prime and subcontractors, as well as the unification of bargaining channels.’,
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, ‘The government plans to collect labor and management opinions after expert discussions starting in early December and announce the final plan within the year.’,
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, ‘Minister Kim expressed his stance to actively embrace various opinions raised during the legislative notice period. He acknowledged concerns not only about the separation between prime contractor and subcontractor unions but also regarding separation between different subcontractor unions and stated, “We will sufficiently discuss with the field and experts and reflect reasonable solutions in line with the legislative intent in the amendment.”‘,
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, ‘Finally, he remarked, “This amendment of the enforcing decree is just the beginning,” and “We will create a new bargaining order of dialogue and compromise together with labor and management to achieve labor-management coexistence and bridge the gap.”‘,
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