2016년 4월 2일 토요일

MOEL Announces Labor Inspection Plan for 2016

The Ministry of Employment and Labor ("MOEL") recently announced its Workplace Labor Inspection Plan for 2016 (the "Plan"). The Plan's intent is to reduce the gap between regular workers and more vulnerable non-regular workers through reforming working conditions and improving treatment of non-regular workers. Based on the Plan's details, we expect that labor inspections will be strengthened qualitatively, as well as quantitatively, in comparison to last year.

 

The following are the key points of the Plan:

 

1.     Creation of Workplace Inspection Team and Digital (Forensics) Analysis Team

 

As a trial run, the MOEL will establish a team devoted to inspecting workplaces to allow inspections under criteria more tailored to each individual workplace. The inspections will focus on unfair labor practices and unlawful dispatch cases, which recently emerged as important issues.  In addition, to strengthen the forensic tools available for inspections, the MOEL will establish a digital forensics analysis team to support the inspectors when restoring and analyzing electronic documents is necessary.  

 

2.     10 Key Areas of Focus for Workplace Inspections

 

Workplace inspections will focus on the following issues:

 

(1)      whether the employment contracts are executed in writing;

(2)      whether the employer is preserving employment contracts;

(3)      whether the wage books and records are kept;

(4)      whether any wages or other money payable has been promptly paid to employees;

(5)      working hours;

(6)      extended work, nighttime work, and holiday work;

(7)      paid weekly holiday;

(8)      minimum wage;

(9)      severance pay; and

(10)    annual leave.

 

In addition, to alleviate the gap between regular workers and non-regular workers (which has become a major social issue), the MOEL will focus on reforming the treatment of and eliminating discrimination against non-regular workers (e.g., fixed-term employees, dispatched workers, and subcontracted workers). Furthermore, the MOEL will conduct inspections of workplaces that retain significant numbers of teenage workers, interns and/or part-time workers.

 

  Labor Inspector Administration Regulation Revised

 

As a separate issue, on March 8, 2016, the MOEL announced its revision of the Labor Inspector Administration Regulation (the "Revised Regulation"), which is expected to come into force on July 1, 2016. Under the Revised Regulation, the disposition of violations of certain labor-related laws has been enhanced substantially.

 

The following is noteworthy under the Revised Regulation:  

 

§   Violations of serious matters (e.g., restrictions on dismissal, maternity leave)

Under the current regulation, no further legal action was taken against an employer for violation of serious matters provided that the employer complies with a correction order. However, under the Revised Regulation, a labor inspector must take legal action without first issuing a corrective order.

 

§   Violations related to wages and settlement of money

Under the current regulation, an employer has 25 days from the date of the correction order to cure the failure to pay wages or other money payable to an employee. However, under the Revised Regulation, the employer will only have 14 days to cure.

 

With regard to violation of matters that can be cured in a shorter period (e.g., execution of employment contract in writing, reassignment of apprentices, posting new laws), the cure period will be reduced from 14 days to 7 days.

 

It seems that the MOEL intends to set a higher bar on workplace inspections starting this year. More importantly, the regulatory basis for a labor inspector to dispense with corrective orders and directly take legal action against violators would pose a more immediate risk to employers. Accordingly, a prompt compliance check of workplaces is highly recommended. 



고용노동부는 최근 「2016년 사업장 근로감독 종합시행계획」을 수립하여 현장에 공유하였습니다이번근로감독계획은 귀사의 운영에도 영향을 끼칠 수있을 것으로 보이는바취약계층 근로조건 개선과비정규직 처우 향상을 통한 노동시장 격차해소에중점을 두는 이번 근로감독계획에 따르면전년에비해 질적양적 측면에서 근로감독이 보다 강화될것으로 예상됩니다이에 이번 근로감독계획의 주요내용을 말씀 드리면 아래와 같습니다

 

1.     사업장감독 전담팀디지털 증거분석팀 신설

 

고용노동부는 2016년부터 시범적으로 사업장근로감독을 전담하는 전담팀을 신설더세밀하게 각 사업장 특성을 반영한 분야별 감독을실시하고파급효과가 큰 부당노동행위불법파견등에 대해서도 집중적으로 감독을 시행할예정입니다또한수사역량 강화를 위하여삭제된 전자문서의 복원분석 등을 담당하는디지털 증거분석팀도 신설하고 사업장근로감독을 전담할 인력을 보완하여 근로감독을강화할 예정입니다

 

2.     사업장 근로감독 10 중점 점검사항

 

고용노동부는 2016년 근로감독을 실시함에있어① 서면근로계약② 계약서류 미보존③임금대장 미작성④ 금품청산⑤ 근로시간⑥연장∙야간·휴일근로⑦ 유급주휴일⑧최저임금⑨ 퇴직급여⑩ 연차휴가에 집중할예정입니다이에 더하여최근 사회적으로이슈가 되고 있는 노동시장의 이중격차를해소하기 위하여 비정규직(기간제파견직,하도급 근로자 등근로자의 처우 개선과차별해소에 주력할 예정이며취약계층인청소년인턴단시간근로자 등을 다수 고용하고있는 업종을 대상으로도 집중 감독을 시행할예정입니다

 

   근로감독관 집무규정 개정

 

아울러 고용노동부는 2016. 3. 8. 근로감독관집무규정을 개정·공포(2016. 7. 1시행예정)하였는데근로감독관 집무규정을개정함으로써 개별노동관계법 위반사항에 대한처리기준을 대폭 강화하였으며주된 내용은아래와 같습니다.

 

§   중한 위반사항(해고 제한규정 위반,출산전후휴가 부여 위반 등)에 대해서는시정명령을 부여하지 않고 즉시 범죄인지할예정입니다이번 개정 전에는 시정명령에따라 시정하면 별도로 사법처리를 하지는않았으나이번 개정으로 시정명령 없이사법처리를 하는 것으로 달라지게 됩니다.

§   금품체불 등 임금과 관련된 위반사항들은시정기간이 현행 25일에서 14일로단축되며그 외 짧은 기간에 시정이 가능한서면근로계약 체결기능습득자의배치전환법령요지 게시 등의 위반사항역시 시정기간이 현행 14일에서 7일로단축될 예정입니다.

 

이처럼고용노동부가 2016년부터 사업장감독전담팀디지털 증거분석팀을 신설하고 주요위반사항에 대해서는 예전과 달리 시정명령 없이즉시 입건하거나 시정기간을 대폭 축소한 점에비추어 볼 때 올해부터는 사업장 근로감독이 보다엄격하게 시행될 것으로 예상됩니다특히,근로감독을 통해 법 위반사실이 적발될 경우위반행위의 경중에 따라 사용자가 이를 시정하더라도사법처리가 진행될 가능성이 높아진 점을 고려해 볼때사전에 법 위반사항이 없는지를 점검할 필요성이있을 것으로 판단됩니다.

 



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