Last Updated March 08, 2019

Law and Practice

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Yoon & Yang LLC (Seoul - HQ) 's Employment and Labour Practice Group consists of 17 attorneys and other professionals who all concentrate solely on employment issues. The type of issues that the Practice Group has recently represented are illegal worker dispatches, discriminations among different type of workers, implementation of performance-based salary system, protection of non-regular workers, and ordinary wage issues. The firm's key areas of practice are general HR issues, including performance-based salary systems, labour union activities, collective bargaining agreements and disciplinary regulations, employment issues in mergers and acquisitions, employment issues on corporate restructuring, representation in labour disputes in civil, criminal and administrative proceedings.

Collective agreement refers to a written agreement that entails terms on working conditions (eg wages, working hours, etc) of the trade union members which have been negotiated through the collective bargaining process. Collective agreements are signed and executed by and between the trade union and the employer.

Collective agreements not only define contractual obligations of the parties, but also have normative effects of regulating the employment contract between the employer and individual employee. For example, Article 33 of the Trade Union Act invalidates portions of the employment contract or the employer’s rules of employment that fall foul of the standards for working conditions stipulated in the collective agreement. In other words, a collective agreement that has been entered into on an equal footing between the labourers and the management takes precedence over the individual employment contracts or rules of employment set by the employer.

Collective agreements also entail a “peace obligation” which, during the effective period of the collective agreement (i) requires the parties to mutually comply with the provisions within the collective agreement and (ii) prohibits the trade union from taking collective actions for the purposes of modifying the terms of the collective agreement that have already been agreed between the parties.

Ordinarily, contracts are binding only upon the parties to such contracts. For collective agreements, however, the binding effect of the agreement may also extend to third parties (ie non-parties to the agreement) if “certain conditions are satisfied” (seeArticles 35 and 36 of the Trade Union Act).

Yoon & Yang LLC

ASEM Tower, 517 Yeongdong-daero
Gangnam-gu
06164
Seoul
Korea

+82 2 6003 7000

+82 2 6003 7800

yoonyang@yoonyang.com www.yoonyang.com
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Authors



Yoon & Yang LLC (Seoul - HQ) 's Employment and Labour Practice Group consists of 17 attorneys and other professionals who all concentrate solely on employment issues. The type of issues that the Practice Group has recently represented are illegal worker dispatches, discriminations among different type of workers, implementation of performance-based salary system, protection of non-regular workers, and ordinary wage issues. The firm's key areas of practice are general HR issues, including performance-based salary systems, labour union activities, collective bargaining agreements and disciplinary regulations, employment issues in mergers and acquisitions, employment issues on corporate restructuring, representation in labour disputes in civil, criminal and administrative proceedings.

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