Introduction:
Teaching English as a Foreign Language (TEFL) in Korea comes with its unique set of challenges and responsibilities. Among these is the need to understand the intricacies of Korean labor law, especially the concept of ‘Worker Representative’. This article aims to clarify this role and its significance for TEFL teachers working in Korea.
What is a Worker Representative?
Under the Korean Labor Standards Act, a ‘Worker Representative’ is defined as either a labor union comprising a majority of the workers at a business or workplace, or, in the absence of such a union, an individual representing over half of the workforce. This role is pivotal in several labor-related decisions and negotiations, such as changes in working conditions, implementation of flexible working hours, and adjustments in annual paid leave.
Key Responsibilities:
- Consultation in Layoffs: Worker representatives must be consulted earnestly during layoffs or when avoiding dismissals due to business reasons.
The following matters, according to the Labor Standards Act, can only be effectively applied through a written agreement with the worker representative, a crucial procedure for the protection of workers’ rights and fair negotiation with employers.
- Flexible Working Hours on a Three-Month Basis (3월 단위 탄력적근로시간제): This system, which can only be applied with a written agreement with the worker representative, allows for the adjustment of working hours over a three-month period, enabling concentrated work during certain periods and reduced hours at other times. (Labor Standards Act, Article 51)
- Selective Working Hours System (선택적근로시간제): This system allows workers to freely choose their working hours within a certain period, requiring a written agreement with the worker representative. (Labor Standards Act, Article 52)
- Compensatory Leave System (보상휴가제): This system, which requires a written agreement, provides leave in lieu of payment for overtime, night, or holiday work. (Labor Standards Act, Article 57)
- Deemed Working Hours Outside the Workplace (사업장 밖 간주근로시간제): This includes times when an employee is working outside of the workplace, which are considered as working hours. (Labor Standards Act, Article 58, Paragraph 2)
- Discretionary Work Time as Considered Working Hours (재량근로에 있어 근로시간으로 간주하는 시간): This system allows workers to autonomously determine their work hours, considering certain times as working hours. (Labor Standards Act, Article 58, Paragraph 3)
- Special Cases for Overtime and Break Times in Transportation and Other Special Industries (운수업 등 특수업종에 있어 연장근로 및 휴게시간의 특례): This pertains to special provisions for overtime and break times in certain industries, such as transportation. (Labor Standards Act, Article 59)
- Substitution of Annual Paid Leave (연차유급휴가의 대체): This involves substituting the legally mandated annual paid leave with another form of leave, which requires a written agreement with the worker representative. (Labor Standards Act, Article 62)
Selection of Worker Representatives:
- In Unionized Workplaces: If there is a labor union representing a majority of the employees, it automatically assumes the role of the worker representative.
- In Non-Unionized Workplaces: Where no such union exists, worker representatives need to be elected. The law does not specify a particular method for this election, leaving it to the workers to decide on an appropriate process. Common practices include signing a representative appointment document by the workforce.
Scope of Representation:
- Eligible Voters: All employees in the business or workplace, excluding the employer (as defined by the Labor Standards Act), are eligible to participate in electing a worker representative.
- Representation Validity: The status of a worker representative is based on representing the majority at the time of exercising their representative rights. If they no longer represent the majority, their status can be challenged.
Tenure of Worker Representatives:
There are no specific regulations regarding the tenure of a worker representative. As long as there is no significant change in the workforce composition, their status is presumed to continue.
Implications for TEFL Teachers:
As TEFL teachers in Korea, understanding the role and selection process of worker representatives is crucial. It ensures informed participation in workplace decisions and a comprehensive understanding of one’s rights and responsibilities under Korean labor law.
Rather Join The Union Collectively While You Are At It:
For TEFL teachers in Korea, joining a union, specifically the Korean General Labor Union (KGLU), is a strategic move that goes beyond the limited scope of electing a worker representative. The KGLU, dedicated to advocating for TEFL teachers’ rights, offers a more robust and effective platform for addressing workplace issues.
By collectively joining the KGLU, TEFL teachers can leverage the union’s established influence and resources. Unlike a lone representative, who often lacks significant power against employers, a union like KGLU brings collective bargaining power to the table. This means better wage negotiations, stronger stances on working conditions, and a united front in legal disputes.
Being part of KGLU also means being part of a larger community that understands the specific challenges faced by TEFL teachers. It provides a network of support, advice, and solidarity, which is crucial in navigating the complexities of employment in a foreign country.
In essence, for TEFL teachers seeking to safeguard their rights and improve their working conditions in Korea, the advice is clear: join the KGLU. This move ensures a stronger, more unified voice in advocating for your rights and lays the foundation for a more secure and rewarding teaching experience in Korea.
