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admin, 11:47 JST, Thu 11 of Mar, 2010:
ATEK has licensed complete access to the Korean Labor Law Bible in English. ATEK members can now read the complete text of the definitive Labor Law guide.
admin, 18:09 JST, Thu 31 of Dec, 2009:
KangNam Labor Law Firm is now offering Legal Assurance for individual Employees and Micro Union for Groups of Employees. For more information please contact us at help@k-labor.com
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A Self-Auditing Guide for EmployersbyKangNam Labor Law FirmThe Standard Working Conditions2009-06-15 OverviewThe contents described here are checked frequently by the labor inspectors and given for correction orders to the companies. Employers are advised to comply with the list of items. The document is a checklist and for information purposes only. If you are unsure if your company complies, please check with your Labor Attorney. Instructions:Click on the item that you or your company have questions on and then press Send. The form will be sent to our firm and your company’s compliance score will be sent to you. If you have any questions please click on the firms letter head and send us your questions. The information you send is for the purpose of assessment only and will be held in the strictest confidence. The review service is provided without a fee the first time. Information **red fields are required Name: Number of Employees in the Firm: Address: Phone Number: Fax Number: Email Address: Company URL: Labor Standards Act`33;An employer shall make a labor contract with all employees hired directly by the company.`33;An employer shall clearly state the terms of working conditions at the time of making a labor contract.Punishable by a fine for the offense not to exceed five million WON`33;A Registry of the workers shall be made and preserved.Punishable by a fine for the offense not to exceed five million WON `33;For each minor under 18, an employer shall keep in the workplace a certificate proving his/her family relationships and written consent of his/her parent or guardian.Punishable by a fine for the offense not to exceed five million WON `33;When an employer intends to have a female aged 18 or older work at nighttime and on holiday, the employer shall obtain the consent of the female concerned.Punishable by imprisonment of up to two years, or by a fine not to exceed ten million WON `33; An employer shall not have a pregnant female, or one who is younger than 18, work at night and on holidays.Punishable by imprisonment of up to two years, or by a fine not to exceed ten million WON `33;Employees’ contractual working hours shall not exceed forty (forty-four) hours per week and eight hours per day excluding recess hours.Punishable with a fine imprisonment of up to two years, or by a fine not to exceed ten million WON `33;Extended work shall be implemented with agreement with the worker, and extended working hours shall not exceed 12 hours per week.Punishable with a fine imprisonment of up to two years, or by a fine not to exceed ten million WON `33;An employer shall additionally pay fifty percent or more of the ordinary wages for extended work, night work or holiday work.Punishable with a fine imprisonment of up to three years, or by a fine not to exceed twenty million WON `33;Wages shall be paid in full to worker in cash and at least once per month on a fixed day.Punishable with a fine imprisonment of up to three years, or by a fine not to exceed twenty million WON `33;If a worker retires, an employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment has occurred; however, the period, under special circumstances, may be extended by the mutual agreement between the parties concerned.Punishable with a fine imprisonment of up to three years, or by a fine not to exceed twenty million WON `33;An employer shall allow on the average one or more paid holiday per week to a worker who attended contractual working days per week.Punishable with a fine imprisonment of up to two years, or by a fine not to exceed ten million WON `33;When an employer works on paid holiday an employer will pay additional wages (fifty percent or more of the ordinary wages). When an employer works on paid holiday, an employer shall pay base pay, wages related to holiday work, and additional allowance respectively.Punishable with a fine imprisonment of up to three years, or by a fine not to exceed twenty million WON `33;An employer shall grant 15 days' paid leave to a worker who has registered more than 80 percent of attendance during one year. After the first year of service, an employer shall grant one day's paid leave for each two years of consecutive service.Punishable with a fine imprisonment of up to two years, or by a fine not to exceed ten million WON `33;An employer shall grant one day's paid leave per month to a worker whose consecutive service period is shorter than one year, if the worker has offered work without an absence throughout a month.Punishable with a fine imprisonment of up to two years, or by a fine not to exceed ten million WON `33;If the employer has taken measures to promote the use of paid leave, the employer shall have no obligation to compensate the worker for the unused leave.`33;An employer shall grant a pregnant female worker 90 days of maternity leave before and after childbirth. In such case, 45 days or more shall be allocated after the childbirth. The first 60 days' leave shall be with pay.Punishable with a fine imprisonment of up to two years, or by a fine not to exceed ten million WON `33;An employer shall, upon the request of a female worker, grant her one-day menstruation leave per month.Punishable with a fine not to exceed five million WON `33;No employer shall dismiss a worker without justifiable reasons. If an employer intends to dismiss a worker, the employer shall notify the worker of reasons for dismissal and the date of such dismissal in writing.In violation of the above period, Punishable with a fine imprisonment of up to five years, or by a fine not to exceed thirty million WON `33;An employer shall give an advance notice to a worker at least thirty days before dismissal. If the notice is not given thirty days before the dismissal, ordinary wages of more than thirty days shall be paid to the worker.Punishable with a fine imprisonment of up to two years, or by a fine not to exceed ten million WON `33;An employer ordinarily employing ten workers or more shall prepare the Rules of Employment (ROE) and file it with the Minister of Labor.Punishable with a fine not to exceed five million WON `33;If any amendments to the Rules of Employment (ROE) occur, the employer shall file the amendments with the Minister of Labor.Punishable with a fine not to exceed five million WON `33;An employer shall keep workers informed of the main points of the Rules of Employment (ROE), by posting at all times or keeping them where workers have free access.Punishable with a fine not to exceed five million WON Employment Retirement Benefit Security Act `33;When the employee retired, the employer shall pay 30 days or more of average wage for each year of consecutive service within 14 days.Punishable with a fine not to exceed five million WON Minimum Wage Act The Employer must comply with the following items and procedures to ensure they are complying with the Minimum Wage Act. `33;An employer shall pay the workers wages not less than the minimum wage rate.Punishable with a fine imprisonment of up to three years, or by a fine not to exceed twenty million WON `33;An employer shall inform workers of the minimum wage concerned by displaying it where it can be easily seen by the workers, or by other appropriate means.Punishable with a fine not to exceed one million WON Equal Employment and Work-Home Balance Assistance Act The Employer must comply with the following items and procedures to ensure they are complying with the Equal Employment and Work-Home Balance Assistance Act. `33;An Employer shall conduct employee education to prevent sexual harassment at the work place once or more times a year`33;An employer shall conduct an education in order to prevent sexual harassment at work once or more per year.Punishable with a fine not to exceed three million WON `33;An employer shall keep the documents related to the matters for three years.Punishable with a fine not to exceed three million WON `33;An employer shall not discriminate against men or women based on gender in recruitment and hiring.Punishable with a fine not to exceed five million WON `33;An employer shall allow, when a worker with a nursling and infant aged less than three years applies for the childcare leave to take care of the infant, the childcare leave.Punishable with a fine not to exceed five million WON `33;An employer shall pay the equal wage for the work of equal value in the same business.Punishable with a fine imprisonment of up to three years, or by a fine not to exceed twenty million WON `33;An employer shall not discriminate against men or women in other payments besides wages, welfare, training, deployment, and promotion.Punishable with a fine not to exceed five million WON `33;An employer shall not discriminate against men or women with respect to retirement age limit, retirement, and dismissal.Punishable with a fine imprisonment of up to five years, or by a fine not to exceed thirty million WON `33;A male employee who applies for leave because of his wife’s childbirth shall be given 3 days of paternity leave.Punishable with a fine not to exceed five million WON Act on the Promotion of Worker Participation and Cooperation The Employer must comply with the following items and procedures to ensure they are complying with the Act on the Promotion of Worker Participation and Cooperation. `33;An employer shall establish bylaws of Labor-Management Council and shall submit it to the Labor Office.Penalty for not established the Labor-Management Councils: not less than 10 million WON Penalty for not submitting the bylaws: fine up to 2 million WON `33;A Council shall hold meetings once every three months.Punishable with a fine not to exceed two million WON `33; Grievance Handling Members shall consist of three members or less representing labor and management.Punishable with a fine not to exceed two million WON `33; A grievance handling member shall draw up and keep a ledger relating to the receipt and handling of grievances and preserve it for one year.Protection laws for non-regular employees (a short-term, part-time, or dispatched employee) `33; An employer, a sending employer and a using employer shall implement the final judgment order for correction if he/she receives it from the labor relations commission or the court.Punishable with a fine not to exceed one hundred five million WON `33; An employer shall not give discriminatory treatment regarding wages and other working conditions against non-regular employees (fixed-term employees, part-time employees, and dispatched employees) on the grounds of their employment status compared with other workers engaged in the same or similar jobs under a labor contract without a fixed term in the business or workplace concerned.Applier to the Employer, the Sending Employer and the Using Employer `33; When an employer makes a labor contract with fixed-term or part-time employees, he/she shall clearly state in writing matters described in Article 17 of the Short-term Employee Act.Punishable with a fine not to exceed five million WON `33; An employer may hire fixed-term employees for a period not to exceed two. If an employer hires fixed-term employees for more than two years, the fixed-term employees shall be considered as workers who have made a labor contract with no fixed term.`33; A using employer shall not receive the labor service from a worker dispatch of unauthorized dispatch companies or shall not use a dispatched employee in a position not allowed for dispatch.For the Using employer: Punishable with a fine imprisonment of up to three years, or by a fine not to exceed twenty million WON `33; The length of a dispatch period shall not exceed one year. If there is an agreement between the sending employer, the using employer, and the dispatched worker, the period may be extended. In this case, the extended period, if extended once, shall not exceed one year, and the total dispatch period, including the extended period, shall not exceed two years. If a using employer continues to use the dispatched worker in excess of two years, he/she shall directly employ the dispatched worker concerned.Applies to the Using Employer: Punishable with a fine imprisonment of up to three years, or by a fine not to exceed twenty million WON Violation of employment: Punishable with a fine not to exceed thirty million WON `33; In case where a sending employer has not been able to pay the wages of a dispatched worker due to causes attributable to the using employer, the using employer shall be liable jointly with the concerned sending employer.Applies to the Sending and Using Employers: Punishable with a fine imprisonment of up to three years, or by a fine not to exceed twenty million WON |
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