A few minutes ago, I was contacted by a new client that was advised by the former counsel that they were not required to have employment rules. In most cases, an employer that employs ten or more workers must have rules of employment and the rules must be filed with the Ministry of Employment and Labor.
LABOR STANDARDS ACT
CHAPTER Ⅸ RULES OF EMPLOYMENT
Article 93 (Preparation and Report of Rules of Employment)
An employer who ordinarily employs ten or more workers shall prepare the rules of employment regarding the matters falling under each of the following subparagraphs and report such rules to the Minister of Labor. The same shall also apply in case where he/she amends such rules:
1. Matters pertaining to the starting and ending time of work, recess hours, holidays, leaves, and shifts;
2. Matters pertaining to the determination, calculation and payment method of wages, the period for which wages are calculated, the time of paying wages, and pay raises;
3. Matters pertaining to the methods of calculation and payment of family allowances;
4. Matters pertaining to retirement;
5. Matters pertaining to retirement allowances under the provisions of Article 8 of the Guarantee of Workers’ Retirement Benefits Act, bonuses, and minimum wages;
6. Matters pertaining to the burden of workers’ meal allowances, expenses of operational tools or necessities and so forth;
7. Matters pertaining to educational facilities for workers;
8. Matters pertaining to the protection of workers’ maternity and work- family balance assistance, such as leaves before and after childbirth and child-care leaves;
9. Matters pertaining to safety and health;
9-2. Matters pertaining to the improvement of environment of a place of work according to characteristics of workers, such as sex, ages or physical conditions, etc.;
10. Matters pertaining to assistance with respect to occupational and non- occupational accidents;
11. Matters pertaining to award and punishment; and
12. Other matters applicable to all workers within the business or workplace concerned.
- Definition of “Ordinary Wage” in Korea: Korean Employment & Labor Law Basics
- “Ordinary Wages” Under Korean Labor Law Clarified by the Supreme Court: “Regular, Uniform & Flat” Definition
- “Probationary Periods” in Korean Employment Contracts for Newly-Hired Workers
- Guidelines on Rules of Employment & Guidelines on Fair Personnel Management Withdrawn by Korean Ministry of Employment
- Must I grant Male Employees Maternity/Paternity Leave in Korea?: Korean Labor/Employment Law Updates
- Can you Revise Employment Rules in Korea without the Agreement of Employees?
- Part-time Worker Annual Paid Leave Obligations under the Korean Labor Standards Act
- Non-Registered Company Director (Executive Director/Senior Managerial Worker) in Korea deemed Employee under Korean Labor & Employment Law
- Is your Korean Employee a Dispatched Worker and Thus a De Facto “Employee” under the Korean Labor Standards Act?
- Choice of Law Issues in Employment Disputes in Korea