South Korea: Industrial relations

Original and updating authors: Jung Woo Lee, Hyunyoung Seo and Jong In Jun, Yulchon LLC

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Summary

• Industrial relations are primarily governed by the Constitution and the Trade Union and Labour Relations Adjustment Act. (See General)
• Employees have a constitutional right to organise and to bargain and act collectively. (See Trade unions and recognition)
• Collective bargaining is a process where a bargaining representative union negotiates with an employer on behalf of union members to reach agreements on various matters. (See Collective bargaining and agreements)
• Employers with 30 or more employees are required to establish a Labour-Management Council (LMC). The LMC is a body that operates separately from the trade union. (See Labour-Management Councils)
• There are various rules regarding employers' obligations to inform and consult their employees. (See Informing and consulting employees - general)
• There are numerous requirements an employer must meet before it can terminate a certain portion of its employees for business reasons, known as a collective layoff. (See Informing and consulting prior to redundancies)
• There is no legal obligation for the employer to provide specific information to or consult with the trade union or employees in the event of a transfer. (See Informing and consulting prior to transfers)
• Employees have a constitutional right to act collectively and industrial action may include strikes, slow-down and picketing. (See Industrial action)
• Labour unions and their members are shielded from liability for damages resulting from lawful collective bargaining, industrial action and other union activities. (See Limitation on claims for damages against unions)