RIGHTS AND OBLIGATIONS OF EMPLOYERS

Legal basis:

  • Labor Code 2019

According to the Labor Code 2019 and related legal regulations, employers have specific rights and obligations towards employees. Understanding the rights and obligations of employers is very important to ensure stable, harmonious labor relations and compliance with the law. In the process of exercising rights and obligations, employers need to respect the rights of employees and build labor relationships based on trust and cooperation.

1. What is an employer?

Employers are defined by the 2019 Labor Code as businesses, agencies, organizations, cooperatives, households, and individuals that hire and employ workers to work for them according to agreement; In case the employer is an individual, he must have full civil capacity.

2. Rights of employers

Labor laws give employers the following rights:

  • Recruitment, placement, management, administration, and supervision of labor; reward and handle violations of labor discipline;
  • Establish, join and operate in employer representative organizations, professional organizations and other organizations according to the provisions of law;
  • Require employee representative organizations to negotiate for the purpose of signing a collective labor agreement; Participate in resolving labor disputes and strikes; dialogue and exchange with employee representative organizations on issues in labor relations, improving the material and spiritual lives of workers;
  • Temporary closure of workplace;
  • Other rights as prescribed by law. 

However, when exercising their rights, employers need to pay attention to the following issues:

  • Employers need to ensure that all rights and obligations towards employees are fully, legally and fairly implemented.
  • The employer’s decisions (e.g., dismissal, job transfer, discipline) need to be based on a clear legal basis and not violate the rights of employees.
  • In case of a dispute between the employer and employee, the parties can resolve it through conciliation, labor arbitration or court.

EMPLOYERS

3. Obligations of the employer

  • Implement labor contracts, collective labor agreements and other legal agreements; respect the honor and dignity of workers;
  • Establish mechanisms and carry out dialogue and exchanges with employees and employee representative organizations; Implement grassroots democratic regulations in the workplace;
  • Training, retraining, fostering to improve qualifications and vocational skills to maintain and change careers and jobs for workers;
  • Implement legal regulations on labor, employment, vocational education, social insurance, health insurance, unemployment insurance and occupational safety and hygiene; develop and implement solutions to prevent and combat sexual harassment in the workplace;
  • Participate in developing national vocational skills standards, evaluating and recognizing vocational skills for workers.

4. Prohibited acts in the field of labor

In addition to the rights and obligations that the State stipulates for employers, the following are prohibited acts in the labor field that employers need to pay attention to:

  • Discrimination in labor.
  • Mistreatment of workers and forced labor.
  • Sexual harassment in the workplace.
  • Taking advantage of vocational training and apprenticeship to profit, exploit labor or entice, seduce or force apprentices or trainees to engage in illegal activities.
  • Using workers who have not been trained or do not have a national vocational skills certificate for occupations and jobs that require the use of trained workers or must have a national vocational skills certificate.
  • Enticing, seducing, promising, false advertising or other tricks to deceive workers or to recruit workers for the purpose of human trafficking, exploitation, forced labor or taking advantage of employment services work, the activity of sending workers to work abroad under contracts to commit illegal acts.
  • Illegally employing minors.

In short, the rights and obligations of employers are the legal basis for maintaining a stable, fair and developed working environment. Full compliance with these regulations not only protects the rights of employees but also helps employers build a sustainable, transparent and effective organization.

5. 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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