Because of the perceived need, in Korea, to protect workers’ emotional and physical health in the service sector, the Occupational Safety & Health Act of Korea (“OSHA Korea”) was amended. The major OSHA Korea amendments impose a:
- Duty on Employers to Protect the Emotional & Physical Health of Employees
The OSHA Korea Amendment mandates employers, in the service sector, to protect the emotional and physical health of employees from abusive acts of customers. We do not, yet, have substantial details on the actions needed to be taken by employers to meet these legal obligations. Enforcement actions against employees and an enforcement decree shall shed light on the specifics and we shall update the reader when more is known.We advise that employers in the service sector review policies in place in order for employers to not run afoul of the new OSHA law. It seems like a proactive approach that includes counseling and reporting protocols for alleged abusive customers should assist in meeting the burden imposed by the law.
- Duty on Employers to Provide Adequate Relief for Health Issues caused by Abusive Behavior by Customers
The OSHA Korean Amendment mandates that adequate measures must be taken for workers in the service industry that suffer physical or mental damage by the actions of customers. Failure to adopt appropriate measures may lead to an administrative fine of up to KRW 10,000,000 per occurrence.
We advise employers in the service and other sectors to review policies related to temporary leave and reassignment of workers in order to not run afoul of the law.
Under the new administration in Korea numerous changes have occurred in Korean Labor & Employment Law. We recommend, because of these changes, an audit by a proactive labor professional of your employment rules and practices.
- Korea’s Occupational Safety and Health Act Amendments for 2018 (OSHA Korea Updates)
- Amendment to Korea’s Occupational Safety and Health Act in 2019
- Employer Duties during Health Emergencies in Korea: MERS Outbreak in Korea
- Korea Amends the Act on the Employment, etc. of Foreign Workers in 2019: Employment Law Updates
- Korean Invention Promotion Act: Employee Inventions in Korea
- Korea Expands Definition of Discriminatory Treatment for Non-Regular Workers: Employment & Labor Law Update
- Calculation of Korean Hourly Wage Rate under the Minimum Wage Act of Korea
- Korean Employment Law & Labor Law amendments under Pres. Moon Administration
- Korean Waste Control Act Amendments of 2019
- Korea’s Fairness in Subcontracting Transactions Act Amendments of July 2021