Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Workers' Representatives Convention, 1971 (No. 135) - Republic of Korea (Ratification: 2001)

Other comments on C135

Observation

2021
2014

Direct Request

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The Committee notes the observations from the Federation of Korean Trade Unions (FKTU), the Korean Confederation of Trade unions (KCTU) and the Korea Enterprises Federation (KEF), which were received with the Government’s report on 8 September 2021, as well as the Government’s reply to them. The Committee recalls that it previously noted the observations received on 1 September 2014 from the International Trade Union Confederation (ITUC) alleging violations of trade union rights in practice, including anti-union dismissals affecting the Korean Government Employees Union and the Korean Railway Workers’ Union. The Committee takes note of the Government’s reply thereto, in particular the information on the process of resolution of the conflicts in both cases and the reinstatement of dismissed union members.

Article 2 of the Convention. Facilities granted to workers’ representatives. In its previous comments, the Committee had questioned a number of provisions of the Trade Union and Labour Relations Adjustment Act (TULRAA) prohibiting as an unfair labour practice the payment of wages by an employer to full-time trade union officials, and had requested the Government to take measures to amend them in a way which allowed the parties to determine through free and voluntary negotiation the issue of the payment of wages to full-time trade union officials. The Committee notes with interest that the TULRAA was amended on 5 January 2021 with the deletion of such provisions. Additionally, the Time-off System Deliberation Committee was transferred to the Economic, Social and Labour Council (ESLC), where members representing public interest are not recommended by the Government, thus strengthening the representation of the labour and management in the determination of the time-off system. The Time-off System Deliberation Committee decided that the time-off limit would vary according to the size and geographical distribution of a trade union. Each workplace would ultimately fix the wage within the set time-off limit. The Committee notes the observations of the KEF indicating that, with the revised TULRAA, the union activities subject to the paid time-off are now determined by collective bargaining agreements. Those activities include consultation and negotiation with employers, grievance settlement, and industrial safety activities prescribed by the TULRAA and other labour laws, as well as affairs of maintaining and managing a trade union to develop healthy labour management relations.

The Committee further notes the observations from the FKTU and the KCTU raising some concerns in relation to the operation of the time-off system despite the recent amendment of the TULRAA enabling trade union officers to perform trade union duties during a pre-determined maximum working hours without loss of wage. The trade unions regret in particular the imposition of a maximum time-off limit, and the fact that paying wages exceeding this maximum time-off limit may be punished as an unfair labour practice according to the law. In the trade unions’ view, as such, the system still goes against the principle of autonomous decision and self-regulation by labour and management. In addition, the KCTU points out that recent changes on legislation, notably on safety in the workplace or on the prohibition against harassment at the workplace, has widened the scope of activities of workers’ representatives. Consequently, the time-off system should be redesigned to take into account activities that should be performed during working hours by workers’ representatives. In conclusion, in the trade unions’ view, the system needs to be improved to let labour and management freely and voluntarily determine the maximum time-off limit.

While noting the positive developments in this regard, the Committee invites the Government to continue to consult with the most representative workers’ and employers’ organizations on ways to improve the time-off limit system, including on the concerns raised by the FKTU and the KCTU, so that: (i) the facilities afforded to workers’ representatives enable them to carry out their functions promptly and efficiently; and (ii) the capacity of the social partners to freely determine through collective bargaining the facilities granted to workers’ representatives is fully recognized . The Committee requests the Government to provide information on any developments in this respect. In the meantime, the Committee requests the Government to provide practical information on the manner in which the maximum time-off limits are applied under the new system, on the number of complaints of unfair labour practices for payment of wage exceeding the maximum time-off limit, and the sanctions imposed.

Furthermore, the Committee notes that, according to the FKTU, the workers’ representative system is characterized by the absence of regulations and sanctions concerning the method and procedure for the election of workers’ representatives, the legal status and authority of workers’ representatives, or concerning employers’ interference in elections and activities of workers’ representatives. The FKTU indicates that the Government and the social partners have agreed to improve the related laws and institutions under the Committee for the Improvement of Laws, Measures, and Practices for Labour Relations Development under the Economy, Society, and Labour Council. The Committee notes, from the Government’s report, that it is committed to sustain its efforts to strengthen the protection of the rights and protection of workers’ representatives, including through the Tripartite Agreement on Improving the Workers’ Representative System (19 February 2021). The Government asserts in particular that a bill reflecting the results of discussion has been submitted and that the new legislation will include matters regarding the election of workers’ representatives via direct, secret, and unsigned voting, the recognition of hours dedicated to union activity as working hours, and establishing a three-year term for workers’ representatives. Welcoming the indication that a new legislation will specify the facilities and protection afforded to workers’ representatives and hoping that such legislation will enable them to carry out their functions promptly and efficiently, the Committee requests the Government to continue providing information on any developments in this regard.

Lastly, the Committee notes with interest the ratification of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), registered in April 2021. The Committee is hopeful that the ratification of these fundamental Conventions will contribute positively to the implementation of the present Convention.