LABOR STANDARDS ACT
INTRODUCTION
INTRODUCTION
- Enactment: Since it was first enacted on May 10, 1953, the Labor Standards Act has been amended nine times until before 1990, but there has not been an amendment of any important content.
- Amendment: Entering in an age of borderless competitions of the 1990 s, substantial amendments have been made in 1996 and 1997 in order to escape from the outdated, aged-for-forty-years tradition of the labor-management relations. The main details of the amendments include establishment of protective provisions for part-time workers, stipulation of a system for dismissals bad on administrative reasons, introduction of a system allowing midway ttlement of retirement allowance, introduction of the flexible work hour system for flexible management of work hours within the legal work hour, and introduction of the lective work hour system which allows the workers to decide their work hours autonomously. Thus, the Labor Standards Act has a frame befitting the information-oriented/internationalized age of the twenty-first century and enables improvement of productivity by increasing flexibility of the labor market. Moreover, this Act strengthens the provisions of the protection
of maternity and acceleration of woman employment through its partial amendments that have been made in 1999, and 2001, and adopts a forty hour work week system and a new system for granting a leave of abnce through its partial amendments that have been made in 2003. In 2005, matters such as methods of calculation of interest in arrear when wage is unpaid, protection vacation for female workers after abortion or stillbirth, etc. have been added.
Main Contents
- The Labor Standards Act is for guaranteeing a basic livelihood for workers by prescribing the minimum standards for working conditions which shall be included in the contents of an employment contract into which an employee and his employer enter. Main contents include establishment of the uniform standards relevant to the formation/contents/modification and completion of an employment contract, invalidation of the employment contract in question when the established standards are violated, and, at the same time, imposition of sanctions on the employer who is in violation of the standards. (This Act is compod of twelve Chapters, one hundred sixteen Articles and the Addenda.)
venstars- Chapter I provides that the Labor Standards Act applies in general only to work-places where at least five workers are employed, and only certain
provisions of this Act apply to work-places where no more than four workers are employed.
- Chapter II provides for the effect of an employment contract and the term of an employment contract, etc., for example, invalidating an employment contract which ts working conditions that fail to meet the standards provided by this Act, prohibits such personnel management measures as a dismissal lacking a proper cau, and requires payment of retirement allowance when a worker who has been in the employment continuously for at least one year retires.
- Chapter III prescribes matters relevant to payment of wages, for example, that wages shall be paid directly to workers.
- Chapter IV ts the legal work hour per week at forty hours and prescribes paid vacation per week and per year to which a worker is entitled.
- Chapter V provides for employee protection for minors and women by, for example, generally prohibiting employment of workers under the age of fifteen and requiring maternity, miscarriage or stillbirth leave for women.
- Chapter VIII prescribes matters relating to accident compensation for workers who meet accidents while on duty.
- Chapter IX prescribes matters relevant to preparation/modification of rules of employment, Chapter X prescribes protection of dormitory life of workers, Chapter XI prescribes the authority and duties of labor inspectors who supervi working conditions at a work-place, and Chapter XII provides for penalty to persons who violate this Act.
- Main contents of amendments made in 2001 are as follows: 1) An employer shall not employ the women in pregnancy or for whom one year has not pasd after childbirth and tho under the age of eighteen in any work detrimental to morality or health, or any dangerous work. 2) An employer shall grant a pregnant woman 90 days maternity leave before and after childbirth, on condition that the period of leave after childbirth shall be 45 days or more and first 60 days during the leave shall be a paid one. And the main contents of amendments made in 2003 t the legal work hour per week at forty hours, reduced from the previous forty-four hours, and 2) abolish the system of a monthly paid leave, change the existing menstruation leave to unpaid leave, and adjust an annual paid leave. In 2005, the provisions related to retirement allowances are transferred to the Guarantee of Workers" Retirement Benefits Act, the protection of women employees shall be strengthened by granting a miscarriage or stillbirth leave to them.
LABOR STANDARDS ACT
Act No. 5309, Mar. 13, 1997
Amended by Act No. 5473, Dec. 24, 1997
Act No. 5510, Feb. 20, 1998
Act No. 5885, Feb. 8, 1999
Act No. 6507, Aug. 14, 2001
Act No. 6974, Sep. 15, 2003
Act No. 7379, Jan. 27, 2005
Act No. 7465, Mar. 31, 2005
Act No. 7566, May 31, 2005
CHAPTER I GENERAL PROVISIONSma是什么意思
CHAPTER I GENERAL PROVISIONS
Article 1 (Purpo)
Article 1 (Purpo)
The purpo of this Act is to establish the standards for the working conditions in conformity with the Constitution, thereby curing and improving the fundamental living standards of workers and achieving a well-balanced development of the national economy.
Article 2 (Standards of Working Conditions)
Article 2 (Standards of Working Conditions)
The working conditions prescribed by this Act shall be the minimum standards for employment, and the parties to labor relations shall not lower the working conditions below the above mentioned standards under the pretext of compliance with this Act.
Article 3 (Establishment of Working Conditions) Article 3 (Establishment of Working Conditions)
fidlerArticle 4 (Obrvance of Working Conditions)
Article 4 (Obrvance of Working Conditions)瑜伽课程培训
Both workers and employers shall comply with collective agreements, rules of employment, and terms of labor contracts, and each of them shall be obliged to do so in good faith.
Article 5 (Equal Treatment)
Article 5 (Equal Treatment)
An employer shall neither discriminate against workers on the basis of gender, nor take discriminatory treatment in relation to the working conditions on the ground of nationality, religion, or social status.
Article 6 (Prohibition of Forced Labor)
Article 6 (Prohibition of Forced Labor)
An employer shall not force a worker to work against his own free will through the u of violence, intimidation, confinement, or any other means by which mental or physical freedom of workers might be unduly restricted.
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Article 7 (Prohibition of Violence)
Article 7 (Prohibition of Violence)stop的用法
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Article 8 (Elimination of Intermediary Exploitation) Article 8 (Elimination of Intermediary Exploitation)
No person shall intervene in the employment of another person for making a profit, nor gain benefit as an intermediary, unless otherwi prescribed by any Act.
Article 9 (Guarantee of Exerci of Civil Rights)
Article 9 (Guarantee of Exerci of Civil Rights)
An employer shall not reject a request from a worker to grant time necessary to exerci the franchi or other civil rights, or to perform official duties, during work hours: Provided, That the time requested may be changed, unless such change impedes the exerci of tho rights or performance of tho official duties.
Article 10 (Scope of Application)
Article 10 (Scope of Application)
园丁的意思(1) This Act shall apply to all business or workplaces in which not less than five workers are ordinarily employed: Provided, That this Act shall neither apply to any business or workplace in which only relatives living together with its employer are engaged, nor to rvants hired for the employer s domestic works.
(2) With respect to a business or workplace in which not more than four workers are ordinarily employed, some of the provisions of this Act may apply under the conditions as prescribed by the Presidential Decree.
Article 11 (Scope of Application)
compare是什么意思Article 11 (Scope of Application)
This Act and the Presidential Decree promulgated in accordance with this Act shall apply to the State, the Seoul Special Metropolitan City, each Metropolitan City, each Do, Si, Gun, Gu, Eup, Myeon, Dong or other equivalents.
Article 12 (Obligations of Report and Appearance)
Article 12 (Obligations of Report and Appearance)
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An employer or worker shall, without delay, report on matters required, or shall appear, whenever the Minister of Labor, the Labor Relations Commission, or a labor inspector requests to do so in relation to the enforcement of this Act.
Article 13 (Publicity of Main Points of Act and Decree, etc.)
Article 13 (Publicity of Main Points of Act and Decree, etc.)
(1) An employer shall acquaint workers with the main points of this Act, the Presidential Decree promulgated pursuant hereto, and the rules of employment, by posting or keeping them at each workplace at all times.
(2) An employer shall post or keep the provisions relating to dormitories of the Decree as referred to in paragraph (1) and the dormitory rules, at the dormitory, to acquaint workers accommodated therein with them.
Article 14 (Definition of Worker)
Article 14 (Definition of Worker)
The term worker ud in this Act means a person, regardless of being engaged in whatever occupation, who offers work to a business or workplace for the purpo of earning wages.
Article 15 (Definition of Employer)
Article 15 (Definition of Employer)
The term employer ud in this Act means a business owner, or a person responsible for management of the business or a person who acts on behalf of a business owner with respect to matters relating to workers.
Article 16 (Definition of Work)
Article 16 (Definition of Work)
Article 17 (Definition of Labor Contract)
Article 17 (Definition of Labor Contract)
The term labor contract ud in this Act means a contract which is entered into in order that a worker offers work for which the employer pays its corresponding wages.
Article 18 (Definition of Wages)
Article 18 (Definition of Wages)
The term wages ud in this Act means wages, salary and any other kind of money or valuables, regardless of its titles, which the employer pays to a
