The Ministry of Labor (MOL) amended the Enforcement Rules of Labor Union Act on October 8th, 2014 to prevent employers from influencing the normal functioning of labor unions by terminating cadre members of labor unions. Besides specifying affairs associated with the forming of labor unions, the MOL added a provision that allows employees to retain their status as a cadre member of a labor union after their employer terminates their employment, and continue to handle affairs of the labor union, thereby deterring employers from any unfair labor practices.
Over 3 years have passed since the Enforcement Rules of Labor Union Act were enacted in coordination to the amendment to the Labor Union Act on May 1st, 2011. Although the enforcement rules supplement its mother law, there are still several provisions that need to be clarified. In order for the law to cohere with practices of labor unions and to achieve consistency in law enforcement, key points of this amendment are as follows:
- Specified that corporate labor unions of factories and sites shall have independent personnel, budget and accounting systems.
- Limited the scope of organizational coverage of regional confederated labor union organizations to special municipalities and counties (cities).
- Set forth clear standards for increasing the number of directors in a labor union.
- Allowed cadre members or members of labor unions, who were terminated by their employer, to retain their status as cadre member or member in accordance with provisions in the union charter or by the resolution of the general assembly or representatives meeting.
- Specified that besides gaining the member’s approval for deducting dues, other considerations include the resolution of the general assembly or representatives meeting, stipulations of the union charter, collective agreements, and agreements between labor unions and employers or customs. Furthermore, where employees and employers reached an agreement for deducting dues before the Labor Union Act was enacted on May 1st, 2011, the employers do not need to regain approval from the employee.
- Added labor union election affairs to the scope of labor union affairs that employees may request official leave, which originally included matters of the labor union, participating in activities or meetings specified by the government, and participating in activities or meetings of the confederated labor union organization.
This amendment to the Enforcement Rules of Labor Union Act sets forth clear standards for forming a corporate labor union, reduces dispute and even conflict between labor unions, prevents employers from influencing the normal functioning of labor unions by terminating cadre members and regular members of the labor union, deters employers from engaging in unfair labor practices, and clearly specifies the scope of employers deducting dues, reducing any conflict that may result from this practice. The MOL believes that this amendment enables the Labor Union Act to be more effectively enforced and protects workers’ right to organize, further contributing to the normal functioning of labor unions, and allowing workers to truly enjoy the three basic labor rights.
- News From：Department of Employment Relations
- Publish Date：2014-11-26
- Hit Rate：120510