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.
- Amendment to Korea’s Occupational Safety and Health Act in 2019
- Employer Duties during Health Emergencies in Korea: MERS Outbreak in Korea
- Korean Invention Promotion Act: Employee Inventions in Korea
- Korean Employment Law & Labor Law amendments under Pres. Moon Administration
- Dismissal of Employees in Korea: Supreme Court of Korea Precedent
- Legality of an Employer Lockout in Korea: Korean Labor & Employment Law Basics
- Korean National Tax Service Tax Law News Release to Foreign Corporate Taxpayers: Korean Tax Law Updates
- Part-time Worker Annual Paid Leave Obligations under the Korean Labor Standards Act
- Can you Revise Employment Rules in Korea without the Agreement of Employees?
- Increased Scrutiny of Employers by Korean’s Ministry of Employment & Labor under President Moon’s Administration: HR Audit Needed by Korean Employment Lawyers