labor experts consider the reintroduction of the “Yellow Envelope Law” as the most crucial pledge for office workers in this year’s general election. (Image courtesy of Yonhap)
SEOUL, Feb. 5 (Korea Bizwire) – A recent survey has shown that labor experts consider the reintroduction of the “Yellow Envelope Law” (an amendment to the Labor Union and Labor Relations Act) as the most crucial pledge for office workers in this year’s general election.
Gabjil 119, a civic group, conducted a poll among its affiliated labor attorneys and lawyers from January 22 to 29 to identify the “Top 10 Essential Pledges for Workers in 2024.”
The group announced the results on February 4 after reviewing whistleblower reports from the past year and selecting 23 potential pledges. Out of 189 labor attorneys and lawyers, 109 participated in the voting, each choosing up to five pledges.
The “Yellow Envelope Law” received the most support, chosen by 72 participants (66.1%), making it the top pledge. This law aims to expand the scope of employer liability and dispute actions in labor relations, enhancing the accountability of main contractors for subcontracted workers and limiting the extent of damages that can be claimed against striking workers.
Despite passing the National Assembly in November last year with opposition leadership, the bill did not become law due to President Yoon Suk-yeol exercising his veto power in December.
Gabjil 119 emphasized the need for main contractors to bear collective bargaining obligations under the labor union law if they exercise substantial and specific control over the working conditions of subcontracted workers.
The group highlighted a recent case where CJ Logistics was deemed by the Central Labor Commission, upheld by the Seoul High Court, to have committed an unfair labor practice by refusing to negotiate collectively with delivery workers.
The second most supported pledge, chosen by 63 experts (57.8%), was the “full application of the Labor Standards Act to all workers, including those in workplaces with fewer than five employees and special employment status workers.”
Currently, the Labor Standards Act exempts workplaces with fewer than five employees from certain regulations, including work hours, annual leave, and restrictions on dismissals, and does not cover gig and platform workers.
Gabjil 119 criticized the lack of progress in addressing these regulatory gaps, despite proposals from the Ministry of Employment and Labor and bipartisan support.
Other proposed pledges include banning the use of irregular workers for continuous tasks, introducing the ABC test to verify independent contractor status, reducing the weekly overtime cap from 12 to 8 hours, applying dismissal restrictions to workplaces with fewer than five employees and special employment status workers, implementing delayed wage payment interest charges, mandating employment insurance for all workers, prohibiting comprehensive wage agreements, and institutionalizing initial union negotiations and contract extension systems.
M. H. Lee (mhlee@koreabizwire.com)
