후원로펌 뉴스레터

본문 바로가기

HOME > 후원로펌 현황 > 후원로펌 뉴스레터

후원로펌 현황

[법무법인 광장] Key Changes to Korean Labor Standards Act in 2019

페이지 정보

작성일19-01-25 22:50

본문



상단 이미지

Key Changes to Korean Labor Standards Act in 2019


In 2018, Korea experienced major reforms to the employment laws including, but not limited to, the Labor Standards Act.  For example, many employers scrambled – many are still struggling – to adjust their work hour structures to comply with the new 52-hour work hour limit.  In 2019, legislative reforms and amendments proposed in 2018 have taken effect.  For your information, we have highlighted two major changes in the employment law landscape for 2019.


1.

Duty to Prevent Workplace Harassment

 


Employers will be required to prevent workplace harassment (effective July 1, 2019) where “workplace harassment” is defined as acts inflicting physical/mental distress to or creating a hostile work environment for co-workers unreasonably through use (or abuse) or one’s position/relationship in the workplace.

Before the AmendmentAfter the Amendment
No provision
on the duty to
prevent workplace
harassment
Duty to Investigate. Employers are required to investigate promptly upon learning of or receiving a complaint on workplace harassment.
Duty to Take Protective Measures. During the investigation, employers must take appropriate protective measures (e.g., work location change, mandatory paid leave) to protect victims (both alleged and actual) of workplace harassment.
Duty to Take Remedial Measures. Upon confirming the allegations of workplace harassment, employers are required to take remedial measures (e.g., work location change, job reassignment) upon request by the workplace harassing victim.
Duty to Take Disciplinary Measures. Upon confirming the allegations of workplace harassment, employers are required to take necessary disciplinary measures against the alleged perpetrator(s). Furthermore, employers are required to hear the victim’s opinion before undertaking any disciplinary measure.
The prohibition against Secondary Harm. Employers may not inflict any unfair disadvantages against the victim or complainant of workplace harassment in connection with the incident.
Effective: July 16, 2019

Notably, the amended Labor Standards Act mandates employers to develop and incorporate their anti-bullying policy terms into their rules of employment (“ROE”) as well as the types of measures to be taken upon occurrence of workplace harassment.  In the wake of the additional compliance requirement, employers are strongly advised to review and update their ROEs and file the amended ROEs with the Ministry of Employment and Labor by no later than July 16, 2019, when the new law takes effect.  Please note that the amended standard applies to acts of workplace harassment that occurs after the effective date of the amendment.


2.

Uniform Standard for Termination Notice Exemptions

 


The Labor Standards Act provides statutory exemptions from the termination notice requirement (i.e., thirty (30) days’ notice or payment in lieu thereof) under limited circumstances.  Before the amendment, the statutory exemptions varied depending on the forms of employment and the duration of employment (see “Before Amendments” below).  Under the amended Labor Standards Act, the law applies a uniform standard.  Please note that the amended standard applies to employment contracts executed after January 15, 2019.


Before the AmendmentAfter the Amendment
The termination notice requirement shall not apply to the following employees:Employers may be exempt from the termination notice requirement where:
1.Daily-hire employees with less than three (3) months of service time1.The employee’s continuous service time is less than three (3) months;
2.Fixed-term employees with less than two (2) months of employment term  
3.Monthly wage employees with less than six (6) months of service time (Note: Declared unconstitutional in December 2015)  
4.Employees hired for seasonal work with employment term of less than six (6) months  
5.Employees on a probationary period.  
Effective: January 15, 2019


If you have any questions on the amendments identified above, including how they may impact your business, please do not hesitate to contact Lee & Ko.

─ CONTACT ─
Kwang Bae Park
Sang Hoon LEE
T: 82.2.772.4345
E:sanghoon.lee @leeko.com
Profile>
Hwan Kyoung Ko
Chang Soo JIN
T: 82.2.6386.6290
E:changsoo.jin
@leeko.com
Profile>
Hwan Kyoung Ko
Hyunseok SONG
T: 82.2.772.4691
E:hyunseok.song @leeko.com
Profile>
Hwan Kyoung Ko
William KIM
T: 82.2.772.5944
E:william.kim
@leeko.com
Profile>

 

 

For more information pertaining to this newsletter, please contact the attorneys identified on the right.
The Lee&Ko Legal Newsletter is provided for general information purposes only and should not be considered as the considered as the rendering of legal advice for any specific matter. If you no longer wish to receive our newsletter service, please click here or reply to this email stating UNSUBSCRIBE in the subject line. The contects and opinions expressed in the Lee&Ko Legal Newsletter are protected by law against any unauthorized use.
후원로펌 뉴스레터 목록
번호 제목 날짜
2508 [법무법인(유) 율촌] 금융회사등의 해외진출에 관한 규정의 주요 개정 사항 2024-02-23
2507 [법무법인(유) 율촌] 프랑스 정부, 전기차 구매보조금 지급 정책 개편 - 생산에 수반되는 탄소발자국 반영 2024-02-23
2506 [법무법인(유) 율촌] 율촌 입법 위클리 2024-06호 첨부파일 2024-02-23
2505 [법무법인(유) 화우] 가상융합산업 진흥법(메타버스 산업 진흥을 위한 법률) 제정 2024-02-23
2504 [법무법인(유) 화우] 개인정보위, 2024년 조사업무 추진방향 발표 2024-02-23
2503 [법무법인(유) 화우] 저성과자 해고의 정당성 판단 2024-02-23
2502 [법무법인(유) 화우] 문체부, 확률형 아이템 확률 정보공개 관련 해설서 발표 2024-02-23
2501 [법무법인(유) 화우] EU 이사회, 강제노동 제품 금지 관련 법안 입장 확정 2024-02-23
2500 [법무법인(유) 화우] 대주주적격성유지요건 충족명령 미이행에 따른 주식처분명령 취소 판결(서울행정법원) 2024-02-23
2499 [법무법인(유한) 태평양] 식약처, 2024년 주요 업무 추진계획 발표 – 「식의약 안심이 일상이 되는 세상」 2024-02-22
2498 [법무법인(유) 광장] PIPC Announces Policy Direction for the Protection of Online Behavioral Data Used in Targeted Advertising 2024-02-22
2497 [법무법인(유한) 대륙아주] Weekly_Legislative_Report_Week_of_February_12_to_February_16_2024 2024-02-22
2496 [법무법인(유한) 바른] 뉴스레터 - 제129호(2024.2) 2024-02-21
2495 [법무법인(유) 광장] 국토계획법 개정안 공포_융복합 도시공간 조성을 위한 제도 개선 2024-02-21
2494 [법무법인(유한) 대륙아주] AI 이슈리포트 - 유럽연합, AI 규제법안에 대하여 전격 합의 2024-02-21
게시물 검색

사단법인 인하우스카운슬포럼 In-House Counsel Forum

주소 : 서울시 강남구 테헤란로 625, 17층 | 고유번호 : 107-82-14795

E-mail : reps@ihcf.co.kr

Copyright(C) IHCF KOREA. ALL RIGHTS RESERVED.

모바일 버전으로 보기