Sharing of expertise
Question 147: The Labor Code allows female Employees to return to work at least 4 months after the maternity leave. If both Employers and Employees agree on such return on the basis of certification by the competent medical examination and treatment establishment that the early return to work does not harm Employees’ health, may female Employees get back to work earlier than 4 months?
Article 157.4 of the Labor Code clearly stipulates that before the expiration of the maternity leave period of 6 months, but if necessary and as certified by the competent medical examination and treatment establishment early working is not harmful to female Employees’ health and as agreed by Employers, female Employees may return to work after…
Question 146: Are foreign female Employees who take maternity leaves entitled to social insurance benefits if they have fully paid HI premiums? Must Employers pay maternity allowances to foreign female Employees? If foreign female Employees return to work after a maternity leave of 4 months, must Employers pay 2 months’ salary for the period when they return to work early?
1.Are foreign female Employees who take maternity leaves entitled to SI benefits if they have fully paid HI premiums? Pursuant to the Law on SI, the condition on which female Employees are entitled to the SI benefits is they have paid SI premiums for at least full 6 months within a period of 12 months…
Question 145: What are the union dues paid by Employees as union members? How will any violation of the regulation on paying union dues be handled? Is there any exemption from or reduction of union dues?
1.Levels of trade union due for Employees as union members? 1.1. Levels of trade union due Employees as union members must pay union dues when the grassroots trade union at their workplace has been established. The union due levels for Employees as union members are specifically stipulated as follows[1]: For Employees as union members Employees…
Question 144: What should the Employer do to encourage Employees to join the grassroots trade union?
The grassroots trade union acts as the representative to protect lawful rights and interests of its trade union members and Employees; participates, negotiates, signs and monitors the execution of the CLA, salary scale and table, labour norms, regulations on payment of salary and bonus, IRLs, democratic regulations in the enterprise, agency or organisation; participates in…
Question 143: May Employers take LD action against Employees’ violations of the general principles set out in the ILR?
Pursuant to the Labor Code, Employers are banned from imposing LD on Employees who shows the violating acts that are not specified in the ILRs[1]. Accordingly, in order to impose LD on Employees, Employers must have their ILR clearly providing for Employees’ violations that will be subject to LD as well as the corresponding forms…
Question 142: Are Employees required to sign commitments upon their job commencement as a basis for LD action in case of their subsequent violation?
Labour laws do not force Employees to sign commitments with Employers such as maintenance of the corporate properties, failure to sexually harass in the workplace upon their job commencement. However, if Employers intend to apply disciplinary measures to Employees when they breach these commitments, such commitments and remedies as permitted by the law should be…
Question 141: Can Employers impose disciplinary actions on Employees who have bad working attitudes, performance or effectiveness? Can Employers also unilaterally terminate LCs with Employees for this reason?
1.Can Employers impose disciplinary actions on Employees who have bad working attitudes, performance or effectiveness? Pursuant to Article 118 of the Labor Code, labour disciplines are construed as the regulations that require Employees to comply with the working time and technology, the management of business and production as specified in the ILRs. The ILRs, which…
Question 140: Can Employers apply labour discipline in the form of oral reprimand?
Pursuant to Article 125 of the Labor Code, labour discipline can be applied in the following forms: (i) reprimand; (ii) extension of the salary increase period to no more than 06 months; removal from office; and (iii) dismissal. When applying these forms of labour discipline, Employers must comply with the regulations and procedures on application…
Question 139: With respect to the disciplinary action of dismissal, must Employers prescribe in their ILRs the acts that can be considered as a violation of Article 126.1 of the Labor Code?
Pursuant to Article 126.1 of the Labor Code, Employers may impose the disciplinary action of dismissal on Employees who commit the acts of theft, embezzlement, gambling, deliberately injuring others, using drugs in the workplace, revealing trade secrets, technological secrets, infringing the Employer’s intellectual property rights, causing serious damage or threatening to cause extremely serious damage…
Question 138: When Employers temporarily suspend Employees’ jobs for over 15 days? Are Employers required to make salary advance during suspension if Employees do not request any such advance?
1.When Employers temporarily suspend Employees’ jobs for over 15 days? Pursuant to Article 129 of the Labor Code, Employers are entitled to temporarily suspend Employees’ jobs if they consider the violation includes complicated circumstances and Employees’ job continuation will prevent any verification; and the suspension is only carried out after consultation with the grassroots trade…