Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Workers' Representatives Convention, 1971 (No. 135) - Republic of Korea (Ratification: 2001)

The Committee notes the observations received on 1 September 2014 from the International Trade Union Confederation (ITUC) alleging numerous violations of trade union rights in practice, including anti-union dismissals affecting the Korean Government Employees Union and the Korean Railway Workers’ Union. The Committee requests the Government to provide its comments in this respect.

The Committee further notes the observations from the Federation of Korean Trade Unions (FKTU) as well as the Government’s comments thereon, both received on 4 September 2014.

Article 2 of the Convention. Facilities granted to workers’ representatives. The Committee notes that the FKTU denounces in particular that the current paid time-off system aims at decreasing the number of existing full-time union officials, has reduced the room for autonomous bargaining and retains the legislative restrictions to the wage payment for full-time union officials; and that the introduction of the system went hand in hand with excessive administrative intervention, inspections and corrective orders. The Committee also notes the Government’s indications that the maximum time-off limit was expanded for small unions which might have seen a considerable weakening of their union activities after the introduction of the new system; that the maximum time-off limit is granted taking into account the travel time of union officials whose workplaces are dispersed across the country; and that while giving workers paid time off to engage in union activities is not considered an unfair labour practice under section 81(4) of the Trade Union and Labour Relations Adjustment Act (TULRAA), collective agreements requiring employers to pay wages to full-time officials other than giving them paid time off to engage in union activities or to support the union’s operating costs beyond providing office space, is deemed illegal (section 31(3)).

In its previous comments, noting that sections 24(2), 81(4) and 90 of the TULRAA prohibited as an unfair labour practice the payment of wages by an employer to full-time trade union officials, the Committee had requested the Government to take all necessary measures to amend those provisions in a way which allowed the parties to collective bargaining to determine freely the issue of the payment of wages to full-time trade union officials. The Committee notes with regret that the Act revised in 2010 retains the ban on the payment of wages to full-time trade union officials and the penal sanctions against employers and unions in case of non-compliance. It reiterates that the payment of full-time union officers should be a matter for free and voluntary negotiation between the parties. The Committee invites the Government to engage in consultations with the most representative workers’ and employers’ organizations on these issues and to provide information on any developments in this respect. In the meantime, the Committee requests the Government to provide practical information on the manner in which the maximum time-off limits are applied, complaints of unfair labour practices received, sanctions imposed, etc.