Trade Union and Labour Relations Adjustment Act

The Trade Union and Labour Relations Adjustment Act governs collective labour relations in South Korea. Originally enacted in 1997, the Act protects the right to organise and engage in collective bargaining, regulates the formation and activities of trade unions, and provides mechanisms for resolving labour disputes. The Act establishes the framework for collective agreements, industrial action, and dispute resolution through the Labour Relations Commission.

Legal area: Law governing the relationship between employers and employees.

Year enacted: 1997

Full text: https://elaw.klri.re.kr/eng_service/law_view.do?hseq=south-korea-trade-union-labour-relations-act

Key Provisions

• Chapter I: General provisions (purpose, definitions)
• Chapter II: Trade unions (formation, membership, activities)
• Chapter III: Collective bargaining and collective agreements
• Chapter IV: Industrial action (right to strike, restrictions)
• Chapter V: Labour Relations Commediation (dispute resolution)
• Chapter VI: Unfair labour practices
• Chapter VII: Labour-Management Council (workplace consultation)

Significance

The Trade Union and Labour Relations Adjustment Act establishes the framework for industrial relations in South Korea. The Act has been amended to address the declining union density and the growing non-regular workforce. The Act’s provisions on unfair labour practices aim to protect workers’ organising rights. South Korea’s labour relations have evolved significantly since democratisation, with collective bargaining playing an important role in wage determination. The Act has been tested by disputes over the scope of essential services and the limits of industrial action.