This is an AI translated post.
What is a work rule?
- Writing language: Korean
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Base country: South Korea
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- Life
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Summarized by durumis AI
- Employers who employ 10 or more workers on a regular basis must prepare work rules that specify working conditions and service regulations, and report them to the Minister of Employment and Labor. Failure to report may result in a fine of 5 million won or less.
- The work rules must include the 12 items specified in Article 93 of the Labor Standards Act, and other items may be added at will within the scope of not violating laws or collective agreements.
- While the preparation of work rules is the right of the employer, the changes that are disadvantageous to workers shall take effect only with the collective consent of the workers. Currently, online reporting and changes are possible.
What is the Employment Rules of the Republic of Korea?
In the employment contract relationship between the company and the employee, it refers to the rules that the employer unilaterally writes about working conditions or service discipline and applies to employees in common.
The name of this employment rule does not have to be 'employment rule', and if it only contains the content related to the rules within the company or the working conditions, the form of the name is not considered.
Therefore, even if you set the name as 'Company Internal Regulations', 'OOO's Work Manual', 'OOO's Labor Regulations', it doesn't matter.
Obligatory Matters
- If there are 10 or more regular workers, the employer (= employer) must write the employment rules and report them to the Minister of Employment and Labor. (Labor Standards Act Article 93)
- The place standard for writing the employment rules should be considered on a business unit basis, but depending on the type of business, even if there are 9 or fewer workers in each of several workplaces, if the total number of people is 10 or more, they are obliged to write it.
- Also, in one workplace, labor and office work can be divided and employment rules can be written for each, or they can be written in a lump sum. That is, if you want to give special treatment to some workers, you can apply different employment rules (by job type, by work).
Fines for Non-Reporting
If you fail to report the employment rules, you will be fined up to 5 million won under Article 116 (1) (2) of the Labor Standards Act.
- Of course, someone has to report to the Ministry of Employment and Labor that there are no employment rules to impose a fine. In other words, most of the time, it is reported by an internal employee of the company or by an employee who quits.
Items to be Written
- There are items that must be written in the employment rules, and items that can be written arbitrarily.
- Items that must be written: It is stipulated in 12 items in Article 93 of the Labor Standards Act.
- Items that can be written arbitrarily: Any item can be included within the scope of not violating laws or collective agreements.
Opinion Hearing of Workers
The right to write or change employment rules is in principle with the employer (= employer), so unless otherwise specified in a collective agreement or labor-management council, the employer can create or change it on their own.
Occurrence Time and Effectiveness
The company has an obligation to post or place the employment rules at each workplace and inform the workers. (Labor Standards Act Article 14)
- Once this is known, it takes effect.
- However, in the case of unfavorable changes, it takes effect only after obtaining the collective consent of the workers, and if there is a separate clause in the employment rules regarding the effective date, it is based on that.
It has effect even if the procedures such as hearing the opinions of workers are not taken. (Supreme Court Precedent 1989.05.09, 88da4277)
How to Register Employment Rules
In the past, there was only the method of sending it by mail to the district office in each region, but now it is possible to report the initial registration and change registration online.
1. Access the Employment and Labor Ministry Citizen's Portal.
2. Click [Application] → [Form Application].
3. Search for [Employment Rules] in the search bar and click [Apply] in the [Employment Rules Report] section if it is an initial report.
4. Click [Apply] in the [Employment Rules Change Report] section if it is a change report.
5. You need to log in. If you haven't signed up, sign up and proceed.
6. Most of it is easy to write, but 'Type of Business' can be confusing. Write the representative 'item' on your business registration certificate. Ours is 'System Software Development and Supply'.
7. In 'Number of Workers', write the total number of people in 'Total', and if there are labor union members, write the number. In "Female [ ]", write the number of female workers.
8. At first, I also wondered what 'Female' meant, but on the paper application form, the number of men and women is written separately.
3 Required Documents
There are 3 required documents.
- Employment rules
- Hearing notice proving that more than half of the workers were heard
- Consent form proving that more than half of the workers have consented (It is submitted when the change is unfavorable to the worker, but it is not submitted for the new one)
The required documents are difficult. When you search the documents on the internet, only hwp files come out, so you have to install the Hangeul program, which is cumbersome. So, I am sharing a link to Google Docs in Google Drive.
[File] → [Make a copy]Edit it and then make it a PDF file and submit it.
And in the case of employment rules, I upload the standard made by the Ministry of Employment and Labor in April 2022. Then, refer to the content on the right side, and modify the content on the left side. Then, copy the content on the left side, create a new Google document, and paste it. Then, after refining the Google document file, convert it to PDF and report it.
