Loophole could delay start of union law

Revised regulations governing labor unions that passed at the National Assemblyกฏs Committee for Environment and Labor at the last moment in December allow management and labor the ability to delay implementing a key point for two and a half years.

Lawmakers had intended that company pay for union members who work full time on union activities be ended more quickly. But thereกฏs a loophole. กฐIf a current or revised collective agreement signed by the management and the union as of Dec. 31, 2009 includes paying wages to full-time labor union representatives, the company should pay the union members for two more years under the newly passed labor regulations,กฑ said Jeon Un-bae, a senior official at the Labor Ministryกฏs Labor Management Cooperation Policy Bureau.

This means that if the company and labor union attempt to revise a collective agreement to enable full-time union members to receive wages, an agreement made after Jan. 1 wonกฏt be binding, Jeon explained.

The ministryกฏs position came days after a bill to revise regulations governing labor unions and union wages was approved by Choo Mi-ae, a Democratic Party representative who chaired the legislative committee on environment and labor affairs. The revisions differed from the original. Both ruling and opposition party lawmakers originally planned to revise the regulations to allow multiple labor unions in a single workplace and ban companies from paying wages to full-time union members starting on July 1.

The Labor Ministry originally intended to introduce multiple unions in single workplaces while prohibiting companies from paying wages to full-time union representatives starting on New Yearกฏs Day, but the Korea Employers Federation, the Federation of Korean Trade Unions and the ministry agreed on the need for a preparation period and struck a deal on Dec. 4, 2009 to postpone the changes for six months.

The lawmakers passed revised regulations on Dec. 30. But the regulations had several additional provisions, with one stating management and unions can postpone the wage provisions if they revise collective bargaining agreements by June 30. If the union and management agree, this would mean that labor union members will be able to get paid until June 2012. But the Labor Ministry said yesterday that only companies and labor unions that signed agreements last year concerning the wage issue will be eligible.

Businesses were appalled. กฐEnabling companies paying wages to full-time labor union representatives puts the original purpose of revision to shame,กฑ said an official at the Korea Employers Association who asked not to have his name published.

After learning that the wage ban could be delayed, the Korean Confederation of Trade Unions hailed the revision and argued the ministry should respect the revision.