Current legislation does not provide any entitlement of employees to be represented at the board level. This movement has not progressed much as of yet and are currently limited to public institutions only. If so, on what grounds is discrimination prohibited? Employees are protected by the general principle of equality under the Constitution and other employment-related legislation.
Additional statutes prohibit discrimination of employees based on their age, nationality, employment status or disability status: fixed-term or part-time employees the Act on the Protection, Etc. Direct discrimination where employers treat two distinct groups e. Indirect discrimination where employers set policies that apply to everyone but are disadvantageous only to a certain group of employees in effect is explicitly prohibited by a few of the legislation discussed above e.
Subject to penalties, employers shall: conduct sexual harassment prevention training annually; process and investigate all complaints regarding sexual harassment; take appropriate protective measures for victims such as changing their work location, providing paid leave, etc.
Can employers settle claims before or after they are initiated? By filing a civil lawsuit, an employee may seek monetary compensation for any monetary loss caused by the unlawful discrimination.
If the employee files for a correction order to the LRC, the employee may seek an order for reformation of the relevant policy that the discrimination was based and also claim the difference in wages resulting from the discrimination.
The Act on the Protection, Etc. A whistle-blower both in the public and private sectors is legally protected by the Protection of Public Interest Reporters Act e. According to the LSA, the minimum maternity leave is a total of 90 days days for multiple birth with a minimum of 45 days provided after the childbirth 60 days for multiple birth. Maternity leave is paid leave either through the employer or it is subsidised by the government.
Also, women are protected against termination during pregnancy and up to 30 days following childbirth. The employer shall grant the leave unless it is impossible to employ a substitute employee or the normal operation of its business is significantly impeded.
The remaining period of the childcare leave discussed above shall be added to the working hours reduction period. Whether the asset transfer is construed as a business transfer is determined by the Korean courts on a case-by-case basis and is focused on whether the asset is fundamental to the business of the company such that the asset transfer brings about transfer of the business as an ongoing concern.
How does a business sale affect collective agreements? In cases where an employee refuses to transfer with the business or there is a disagreement on the terms of the transfer to the buyer, an employee retains the right to remain employed with the seller unless the seller can legally terminate the employee.
How long does the process typically take and what are the sanctions for failing to inform and consult? However, the law sets no penalty for violation of such duty. In order for a redundancy-based termination to be valid, all of the following must be satisfied:. No, employees transferring to the buyer as part of a business transfer are entitled to retain the same terms and conditions of employment applicable prior to the transfer unless agreed otherwise.
How is the notice period determined? All employees must be given 30 days of advanced, written notice or 30 days ordinary wages in lieu of such notice unless:. In what circumstances is an employee treated as being dismissed? Is consent from a third party required before an employer can dismiss?
Under the LSA, an employer with five or more employees may not dismiss an employee without just cause, which is generally a very high standard for employers to satisfy. The burden of proof rests with the employer to show just cause, if contested. However, consent from a third party is not required prior to dismissal. In addition, an employer cannot dismiss an employee during, or within 30 days following, a maternity leave or any period of leave for medical treatment due to an industrial injury or disease.
Are employees entitled to compensation on dismissal and if so, how is compensation calculated? While there is no compensation owed to an employee specifically for dismissal, any employee with at least one year of employment is entitled to a retirement benefit regardless of the reason for separation.
The current default retirement benefit is a corporate pension, or statutory severance if no such pension is in place. What are the remedies for a successful claim? Any employee who has been dismissed may claim wrongful termination, where a successful employee is entitled to reinstatement and back pay.
Employers can settle dismissal claims with the employees before or after the claims are filed. If the mass dismissal is for business-related reasons, all the requirements detailed in question 5. Federal government websites often end in. The site is secure. The U. Department of Labor DOL administers and enforces more than federal laws. These mandates and the regulations that implement them cover many workplace activities for about million workers and 10 million workplaces.
Following is a brief description of many of DOL's principal statutes most commonly applicable to businesses, job seekers, workers, retirees, contractors and grantees.
This brief summary is intended to acquaint you with the major labor laws and not to offer a detailed exposition. For authoritative information and references to fuller descriptions on these laws, you should consult the statutes and regulations themselves.
The Fair Labor Standards Act prescribes standards for wages and overtime pay, which affect most private and public employment. The act is administered by the Wage and Hour Division. It requires employers to pay covered employees who are not otherwise exempt at least the federal minimum wage and overtime pay of one-and-one-half-times the regular rate of pay.
For nonagricultural operations, it restricts the hours that children under age 16 can work and forbids the employment of children under age 18 in certain jobs deemed too dangerous. For agricultural operations, it prohibits the employment of children under age 16 during school hours and in certain jobs deemed too dangerous. The Wage and Hour Division also enforces the labor standards provisions of the Immigration and Nationality Act that apply to aliens authorized to work in the U.
Safety and health conditions in most private industries are regulated by OSHA or OSHA-approved state programs, which also cover public sector employers. Employers also have a general duty under the OSH Act to provide their employees with work and a workplace free from recognized, serious hazards. OSHA enforces the law through workplace inspections and investigations. Compliance assistance and other cooperative programs are also available.
If you worked for a private company or a state government, you should contact the workers' compensation program for the state in which you lived or worked.
Department of Labor's Office of Workers' Compensation Programs does not have a role in the administration or oversight of state workers' compensation programs. The Longshore and Harbor Workers' Compensation Act , administered by The Office of Workers Compensation Programs OWCP , provides for compensation and medical care to certain maritime employees including a longshore worker or other person in longshore operations, and any harbor worker, including a ship repairer, shipbuilder, and shipbreaker and to qualified dependent survivors of such employees who are disabled or die due to injuries that occur on the navigable waters of the United States, or in adjoining areas customarily used in loading, unloading, repairing or building a vessel.
FECA, administered by OWCP, provides benefits for wage loss compensation for total or partial disability, schedule awards for permanent loss or loss of use of specified members of the body, related medical costs, and vocational rehabilitation.
The Black Lung Benefits Act provides monthly cash payments and medical benefits to coal miners totally disabled from pneumoconiosis "black lung disease" arising from their employment in the nation's coal mines.
The statute also provides monthly benefits to a deceased miner's survivors if the miner's death was due to black lung disease. Where an employer uses a fixed-term employee for over 2 years, the employee will be deemed employed for an indefinite term. That is, the employment period clause in the contract will be unenforceable, and instead, the employer will only be able to terminate him or her with just cause, like regular employees.
In addition, the Fixed-term Employees Act prohibits employers from discriminating against fixed-term and part-time employees employees who work less hours than other regular employees in terms of pay or other working conditions, in comparison with any employees of indefinite term or regular employees who handle the same or similar jobs in the relevant business or place of business. Fixed-term or part-time employees who suffer discriminatory treatment have the right to file a claim for corrective measures to the LRC.
Upon filing of such a claim, the LRC must investigate the case and may order an adjustment or corrective measure, improve wages or other working conditions, or award appropriate monetary damages.
In addition, there is a distinction between outsourcing of work when the employee is sent to the site of a client company to perform the outsourced work and worker dispatch, based on whether the employee is supervised or ordered by his or her own employer or the client company.
If the employee is ordered or supervised directly by the client company for the performance of his or her work, he or she will be regarded as a dispatched employee under Dispatched Workers Act. Under the Dispatched Workers Act, a company is prohibited from engaging dispatched workers in direct production processes and can only engage dispatched workers in 32 specified business roles, such as computer expert services, travel guide services, and security services.
Any employer who dispatches or uses a dispatched worker in violation of the Dispatched Workers Act will be subject to a criminal penalty. Failure to comply with such restrictions may be punishable by criminal sanctions. Under the Act, Receiving Company may not discriminate against dispatched workers, in comparison with its own employees engaged in the same or similar types of jobs within its business.
This prohibition of discrimination applies to dispatched workers at all times including the two-year period before a dispatched worker becomes entitled to be treated as an employee of the Receiving Company. Dispatched workers who suffer discriminatory treatment may file a claim for corrective measures with the LRC, whose procedures in this context are analogous to those applicable to fixed-term and part-time workers as discussed above.
Exceptions to the application of the LSA : The maximum work hours and overtime allowance provisions of the LSA do not apply to managerial or supervisory personnel, or part-time employees who work less than 15 hours per week. The LSA does not require an employment contract to be a contract in writing, except for an employment contract for a part-time employee. However, certain terms such as wage, working hours, annual paid leave and weekly holiday must be specified in writing, and such written terms must be provided to the employee at the time when an employment contract is entered into, and the employer must retain a copy for at least three years following termination.
However, even absent a written agreement, either side may claim the existence of a verbal or implied agreement, which will be enforceable if proven.
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