Labor Relations

  • Last Modify Date:2015-06-24

1.

What is a labor union?
 

A labor union shall be a juristic person. The purposes of a labor union shall be to protect the rights and interests of workers, to advance the knowledge and skill of workers, to develop productive enterprises and to ameliorate the livelihood of workers. A labor union is formed by a group of workers based on laws and regulations.

2.

Who is the competent authority of a labor union?
 

The competent authority over a labor union shall be the Ministry of Interior 
where the Central Government is concerned, the provincial (municipal) government where a province (municipality) is concerned, and the county (municipal) government there a county (municipality) is concerned, provided, that business undertaken by a labor union shall be directed and supervised by the competent authority over said business in accordance with law.

3.

What are the functions of labor union?
 

To conclude, revise, or abolish a collective agreement; To render vocational assistance to its members; To undertake savings project for its member; To organize producers', consumers', or credit and other cooperative societies; To undertake medical and sanitary services for its members; To undertake workers' education and nursery projects; To establish libraries, newspaper and magazine societies; And to print and issue publications; To undertake entertainment activities for its members; To conciliate disputes between labor and management; To conciliate disputes among the labor unions, or among the members thereof; To investigate the livelihood of a worker's family, and to compile labor statistics; To make recommendations on enactment, revision or repeal of labor laws or regulations; To expedite the improvement of labor conditions and the promotion of the welfare of its members; To undertake matters which are conformity with the purposes as defined in Article 1 of Labor Union Law, and matters which are provided for in other laws.

4.

What are the two types of labor disputes?
 

The term "labor disputes" referred to in this Law denotes either rights disputes or adjustments disputes.
Right disputes concern those between workers and employers collective agreements, or labor contracts.
Adjustment disputes arise between workers and employers when they cannot agree whether to continue or to change the terms of the conditions of work.

5.

What is the handling procedure for rights disputes and adjustment disputes respectively?
 

Rights disputes shall be settled by conciliation procedures. If the conciliation fails, rights disputes shall be settled by the jurisdictional procedures or directly pursue the jurisdictional procedures without going through conciliation procedures.

Adjustment disputes shall be settled by conciliation, if the conciliation fails, the parties can enter into arbitration procedures; or with the consent of both parties, directly pursue the arbitration procedures without going through conciliation procedures. The competent authority is entitled to force into arbitration procedures for serious adjustment disputes.

6.

What is the effect of conciliation?
 

When the conciliation is successfully concluded, the agreement is deemed as 
a contract between the parties to the dispute; and in case one of the parties is a workers' organization, as a collective agreement between the parties.

In case one of the parties of the dispute refuses to carry out its obligations after conciliatory or arbitration procedures have been successfully concluded, the other party may request the competent law court law court to initiate compulsory execution measures without charging either decision or executive fees concerned.

7.

What is Collective Agreement? How do the representatives of singing the Collective Agreement generate? How does the agreement come into effect?
 
  1. The term "collective agreement"' as used in this Law refers to a written 
    contract, concluded between an employer or an incorporated organization of 
    employers on one hand and an incorporated organization of workers on the other hand for the purpose of specifying labor relations.
  2. There are three ways to generate the representatives: (1)follow the regulations of labor union or employer association charters.(2)follow the resolutions reached in the member convention or representative convention.(3)consigned by individual or written documents of all members of the association.
  3. Upon signing of the collective agreement, one of the two parties or both parties shall seek the approval of the competent authority. Collective agreement comes into force starting from the subsequent day of the approval.

8.

What is the purpose of holding employer-employee meetings? How frequently shall such meeting be held?
 

The purpose of employer-employee meeting is to negotiate labor relations, promote labor cooperation, and enhance productivity. In principle, employer-employee meeting shall be held once every month; emergent meetings can be held when needed.

  • News From:Department of Employment Relations
  • Publish Date:2015-04-21
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