The Central Labor Relations Commission recognizes subcontractor and principal employer status for the first time after the Yellow Envelope Act goes into effect
In deciding employer status under the Yellow Envelope Act, the Central Labor Relations Commission has recognized the principal contractor's responsibility for the first time. It also clarified the scope of bargaining agenda items, so check the future issues in labor-management disputes.
The Central Labor Relations Commission has, for the first time since the Yellow Envelope Act took effect, recognized employer status in its judgment over whether the prime contractor and subcontractor are employers. On the 4th, the CLR Commission decided in a retrial request filed by the Korea Tower Crane Operators' Union against Jungheung Construction and Jungheung T&O that the two companies should be regarded as employers of the union and that they must announce the fact that bargaining has been requested.
Previously, the local labor relations commission did not accept the union's claim, saying it was difficult to view the prime contractor as having given direct and continuous instructions to the operators. However, the CLR Commission determined that, given the nature of tower crane work, it is difficult for subcontractors alone to make structural improvements such as installing and dismantling safety equipment or eliminating harmful and hazardous factors, and that the prime contractor is in a position to substantively and specifically control and decide such matters.
However, it did not 인정 the wage issue as a subject for bargaining. The CLR Commission explained that autonomous bargaining to improve the wage system is possible, but that it is difficult to view this as a matter that the prime contractor can directly control and decide. If the company disputes this decision, it may file an administrative lawsuit within 15 days after service of the written decision.