“The Guidelines Without Legal Binding Force Are Meaningless”
On the 2nd, the People Power Party announced plans to pursue supplementary legislation for the Yellow Envelope Act, driven by the ruling party alliance and passed previously. This legislation aims to clarify the scope of employers and the subjects of disputes.
During a policy meeting held at the National Assembly in Seoul, Representative Kim Do-eup of the People Power Party stated, “There are warnings that the law could become a ‘law encouraging illegal strikes’ if its current form is maintained.” He expressed concerns about the ambiguous definitions of employer scope and labor dispute subjects, which could lead to significant confusion in industrial settings.
Kim pointed out that subcontracted workers at companies like Samsung Electronics, Naver, and Hanwha Ocean are now demanding negotiations with the main headquarters. He criticized this situation, noting that if primary companies are forced to negotiate with trade unions from numerous partner firms, and issues like managerial layoffs or restructuring are acknowledged as subjects for negotiation, corporate operations could essentially come to a standstill.
He further criticized the government’s attempt to create a manual, stating that guidelines without legal binding cannot resolve uncertainties, comparing it to “fixing the barn after losing the cow.”
Emphasizing the need for supplementary legislation, Kim explained that companies would inevitably be reliant on court rulings, prolonging chaos.
The proposed supplementary law by the People Power Party includes clear definitions of employer scope and dispute subjects, allowing replacement workers during strikes, prohibiting workplace occupation, refining criminal penalty regulations, and ensuring minimal defense rights. They aim to push for these changes in the upcoming regular parliamentary session.