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 documented at least in Employers’ ILRs. In principle, Employers can only discipline Employees if they have committed a violation specified in the ILRs (that have been registered)[1]. Accordingly, when new Employees are engaged in any job, the essential thing is that Employers just requires them to sign after having read and understood the ILRs and then comply with them. Note that these commitments must be consistent with the current labour laws. This alternative is feasible if the number of Employees is small and a human resources department may appoint a person to have these commitments signed and keep them for use when necessary.

For job positions where Employees are at a high risk of violation or for the management level, depending on the specific nature of each job, Employees will be required to sign additional commitments with more detailed content and under higher levels of sanction than other regular Employees due to their specific job positions.

In addition, the said commitments may be included in LCs. However, due to any too long commitment and/or security of the commitment information, the parties cannot record such commitment and confidential information in LC because this will change the LC format. Instead, an appendix to LC will be made and signed at the same time with the LC.

[1]Article 128.3 Labor Code