Collective Bargaining Agreement Korea

Collective Bargaining Agreement Korea

“This agreement is historic and will make a big difference to local workers,” said Brother Kim Kyu-Nam, president of the CMF Korea Union. Detached workers: The Dispatched Workers Act regulates the use of workers in another company by “sending workers.” Under the Dispatched Workers Act, the shipment of workers refers to a system in which a shipping company (“Dispatching Company”), while maintaining the working relationship with its employee, pushes its employee to work for another company (“receiving company”) under the supervision and management of the receiving company, in accordance with a transit agreement between the two companies. In addition, a distinction is made between outsourcing work (when the employee is sent to a client company`s site to perform the outsourced work) and sending employees, depending on whether the employee is supervised or ordered by his or her own employer or client company. If the employee is designated or supervised directly by the client company to perform his or her work, he or she is considered a seconded worker under the Mail Order Workers Act. The Dispatched Workers Act prohibits companies from including seconded workers in direct production processes and can only hire seconded workers in 32 specific business functions, such as computer expert services, tour guide services and security services. Any employer who dethrones or uses a seconded worker in violation of the Detached Workers Act is subject to a criminal penalty. In addition, the law requires the recipient company to directly employ the seconded worker as an employee of the recipient company when a receiving company employs a seconded worker over 2 years of age or in violation of the Detached Workers Act (unless the seconded worker objects to such employment or if there are legitimate grounds, as stipulated in the presidential decree). The conditions of employment of these workers are then in accordance with the employment rules applicable to ordinary workers of this host company engaged in the same or similar activities. If the company does not have regular staff with the same activity, the host company must at least make available to the seconded worker/new worker the working conditions that existed before the full employment of the company.

Failure to comply with these restrictions may be punished by criminal sanctions. The law prohibits the host society from discriminating against seconded workers in relation to their own workers who engage in the same or similar activities in their company. This prohibition of discrimination applies to workers posted at any time, including the two-year period before a seconded worker is entitled to treatment as a worker of the host company. Detached workers who are discriminated against may apply to the CRA for remedial measures comparable to the procedures described above for temporary and part-time workers. “Stress among bankers has led to an increase in rates of chronic disease, depression and death by suicide. Bank employees recorded the second highest rate of occupational diseases after the construction industry in Korea.


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