Samsung Electronics has issued a notice stating that safety protection facilities must remain operational even during strikes or assemblies, emphasizing that 2,031 staff members from 143 different parts are prohibited from participating in such activities, and that union cooperation is necessary. This comes as the Samsung Electronics union hinted at mobilizing essential personnel for the strike or assembly, prompting a response from the company. The union argues that maintaining safety protection facilities is a matter for negotiation, not an imposition, and opposes the company’s stance on what these facilities entail.
On April 20th, Samsung Electronics internally circulated the notice indicating that, under Article 42, Section 2 of the Trade Union Act, safety protection facilities must operate normally even during strikes or assemblies, highlighting that necessary personnel cannot partake in such events. According to Article 42, Section 2, unions cannot halt, abolish, or disrupt the normal maintenance and operation of safety protection facilities due to industrial action. Violating this can hold both the union and individual members accountable for unlawful actions. The union claims that Samsung Electronics is not an essential public interest establishment that would threaten the public’s daily life or the national economy, arguing that their actions don’t pertain to Article 42, Section 2.
Samsung Electronics regarded the union’s assertions as potential catalysts for illegal activities. Citing a Supreme Court precedent (2020Na12248), the company explained that even in ordinary businesses, safety protection facilities must operate normally during industrial actions. Additionally, Samsung Electronics stated that the normal operation of safety protection facilities is specified in their collective agreement, Article 93, and must be adhered to, clarifying that maintaining normal operations means keeping weekday and holiday levels of operation and that they imposed no other restrictions on union activities for this purpose.
With threats of massive losses looming from a potential large-scale strike set for May 21st to June 7th, the Samsung Electronics’ joint strike headquarters has warned of inflicting significant financial damages on the company, potentially ranging from 20 to 30 trillion won, if essential personnel were indeed to participate in the strike and assembly.
The union and company face a significant gap in defining the range of ‘essential personnel.’ On April 17th, Samsung Electronics communicated with the union about the necessity of maintaining operations with specific personnel, identifying 2,031 out of 2,518 employees in vital parts of the Global Manufacturing & Infrastructure and Artificial Intelligence centers as essential. The union, however, contended that determining ‘designated workers’ is elective and determined through negotiation, not mandatory by law.
According to a legal review by Maru, a legal firm, a specialized emergency response team reserved for firefighting, emergency facilities, and chemical incident prevention is needed even during strikes or assemblies. However, staff outside these realms may be partially recognized or excluded as designated workers.
Industry concerns are escalating over irreparable damage if essential personnel join strikes, disrupting production and potentially leading to safety incidents like chemical leaks or fires, particularly given the intricate resumption procedures for semiconductor facilities after power interruptions. Samsung Electronics has also sought a court injunction on April 16th to prohibit illegal union strikes via the Suwon District Court.