RESOLUTION OF LABOR DISPUTES

I. Legal basis

  • Labor Code 2019

II. Resolution of labor disputes

1. What is a labor dispute?

Labor dispute is a dispute about rights, obligations, and interests that arises between parties during the process of establishing, implementing or terminating labor relations; Disputes between employee representative organizations; Disputes arising from relationships directly related to labor relations.

Labor disputes include:

a) Personal labor disputes

  • Between employees and employers; 
  • Between workers and businesses and organizations sending workers to work abroad under contracts; 
  • Between the sub-hired employee and the sub-hiring employer;

b) Collective labor disputes over rights or interests 

  • Between one or more employee representative organizations and the employer or one or more employer organizations.

2. Principles for resolving labor disputes

Resolving labor disputes must comply with the following principles:

  • Respect the parties’ right to self-determination through negotiation throughout the process of resolving labor disputes.
  • Appreciate the resolution of labor disputes through conciliation and arbitration on the basis of respecting the rights and interests of both disputing parties, respecting the common interests of society, and not violating the law.
  • Openly, transparently, objectively, promptly, quickly and legally.
  • Ensure the participation of representatives of the parties in the process of resolving labor disputes.
  • The resolution of labor disputes is carried out by agencies, organizations, and individuals with authority to resolve labor disputes after the request of the disputing party or at the request of competent agencies, organizations, and individuals. jurisdiction and consent of the disputing parties.

Labor Disputes

3. Rights and obligations of both parties in resolving labor disputes

When resolving labor disputes, the parties have the following rights:

  • Directly or through a representative to participate in the resolution process;
  • Withdraw request or change request content;
  • Request a change in the person resolving the labor dispute if there is reason to believe that person may not be impartial or objective.

The parties have the following obligations:

  • Provide complete and timely documents and evidence to prove your request;
  • Comply with the agreement reached, the decision of the Labor Arbitration Board, and the judgment and decision of the Court that have come into legal effect.

4. Responsibilities of agencies and organizations in resolving labor disputes

Responsibilities of agencies and organizations in resolving labor disputes are prescribed as follows:

  • State labor management agencies are responsible for coordinating with employee representative organizations and employer representative organizations to guide, support and assist the parties in resolving labor disputes.
  • The Ministry of Labor, War Invalids and Social Affairs organizes training to improve the professional capacity of labor conciliators and labor arbitrators in resolving labor disputes.
  • When requested, the specialized labor agency under the People’s Committee is the focal point to receive requests to resolve labor disputes and is responsible for classifying, guiding, supporting and assisting the parties in resolving labor dispute.

Within 05 working days, the agency receiving the request to resolve the labor dispute is responsible for transferring the request to the labor conciliator in cases where labor conciliation procedures are required and forwarded to the Labor Union. Arbitration Council in case the Arbitration Council is required to resolve the matter or instruct it to be sent to the Court for resolution.

5. Forms of labor dispute resolution

a) Internal resolution:

    • Direct negotiation: The two sides negotiate to find a solution.
    • Resolved through trade unions: The trade union will act as a mediator.

b) Resolved through state agencies:

    • Complaints: The employee submits a complaint to the employer or competent authority.
    • Denounce: In case the employer violates the law, the employee has the right to report it to the authorities.
    • Lawsuit: When other forms of resolution fail, the employee has the right to sue in court.

III. About Us, Hankuk Law Firm

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■ Hankuk Law Firm – Introduction

The goal of the legal services provided by HANKUK LAW FIRM is to support businesses, investors, and people. Our organization employs skilled Korean lawyers, partners, and professionals to provide legal services to businesses related to corporations and litigation.

To support the startup process, our lawyers and staff provide a wide range of services, including business law consulting, tax and immigration law consulting, real estate services, business consulting, marketing and communications, human resources, product distribution, franchise options, etc. We provide expert advice on every aspect of your business needs.

To protect the legitimate rights and interests of our clients and achieve the best results, we provide legal advice and participate in civil lawsuits related to business, labor, marriage, family, and inheritance.

■ Contact us now

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For reliable and effective legal advice, please contact HANKUK LAW FIRM now. We are committed to providing you with the best possible answers and our team of experienced lawyers has extensive knowledge in many legal fields. We are always here to provide the most competent and dedicated support, whether you are dealing with contractual issues, commercial disputes or need guidance on foreign investment. HANKUK LAW FIRM is honored to have assisted hundreds of domestic and international clients in skillfully resolving complex legal issues as their trusted legal partner. Do not let legal issues hinder your success. Let us accompany you towards legal achievement and comfort. For prompt guidance and support to ensure your rights are always maintained at the highest standards, contact HANKUK LAW FIRM now.

■ Contact Hankuk Law Firm:

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Telephone: (English) 0369.77.11.46

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