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Newsletter | May 2014, Issue 2 |
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LABOR & EMPLOYMENT |
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Major Changes in Labor Laws and Regulations in 2014 |
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The following is an outline of the major changes to labor laws and regulations in 2014. |
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Labor Standards Act |
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In case a female employee gives birth to two or more children at a time (multiple births) on July 1, 2014 or after, her pre- and post-natal leave (maternity leave) shall be extended as follows: |
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Before Revision |
After Revision |
‒ 90 days’ leave total in pre- and post-natal periods ‒ 45 days’ leave minimum in the post-natal period ‒ 60 days with pay |
‒ 120 days’ leave total in pre- and post-natal periods ‒ 60 days’ leave minimum in the post-natal period ‒ 75 days with pay |
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In case a female employee who is less than 12 weeks or more than 36 weeks pregnant requests two hours per day of reduced working hour, the employer must approve such request provided that if such female worker’s daily work hour is less than 8 hours, then the daily work hour can be reduced to 6 hours. The employer is not allowed to reduce the wage for the reason of such reduced work hours. The foregoing shall apply to workplaces with 300 or more employees from September 25, 2014 and to workplaces with less than 300 employees from March 25, 2016. |
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Act on the Protection of Fixed-Term and Part-Time Workers |
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The followings are effective from September 19, 2014: |
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Employers are now obliged to pay a premium wage (equivalent to 50% of the employee’s ordinary wage) to a part-time employee for overtime work even if the number of his/her total work hours (including the overtime work) is no more than 8 hours per day or 40 hours per week. |
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If it is found that an employer has intentionally and repeatedly discriminated against fixed-term and part-time employees, the Labor Relations Commission may impose punitive sanctions in the amount of up to 3 times the damages incurred by the relevant fixed-term and/or part-time employee. |
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The amended law also expands the scope of correction orders. If one (1) fixed-term or part-time employee is found to have been subject to discriminatory treatment by an employer, correction orders can be issued to not only the relevant one (1) fixed-term or part-time employee, but also other similarly situated fixed-term or part-time employees. |
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Act on the Protection of Dispatched Workers |
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The followings are effective from September 19, 2014: |
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If it is found that an employer has intentionally and repeatedly discriminated against dispatched workers, the Labor Relations Commission may impose punitive sanctions in the amount of up to 3 times the damages incurred by the relevant dispatched workers. |
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The amended law expands the scope of correction orders. If one (1) dispatched worker is found to have been subject to discriminatory treatment by an employer, the Labor Relations Commission’s correction orders can be issued to not only the relevant one (1) dispatched worker, but also other similarly situated dispatched workers. |
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Equal Employment Act |
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Not only the employees but also the employers are now required to go through the same sexual harassment prevention training in the workplace from January 14, 2014. |
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The coverage of childcare leave eligibility has been expanded from the previous “preschoolers aged 6 or below” to children “8 years in age or younger, or a second grade or lower at elementary school” (effective for employees who apply for childcare leave on January 14, 2014 or thereafter). |
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Back to Main Page |
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If you have any questions regarding this article, please contact below: |
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