As the yellow envelope law (partial amendment to the Trade Union and Labor Relations Adjustment Act), which expands the scope of users as negotiation counterparts for labor unions and the targets of strikes, passed the National Assembly, major logistics companies like CJ Logistics, Hanjin, and LOTTE Global Logistics are busy preparing countermeasures.
The logistics industry has a structure where logistics companies and agencies enter into subcontracting agreements, and the agencies enter into contracts with delivery drivers. The courier union, to which the delivery drivers belong, has attempted direct negotiations with logistics companies, but the logistics companies have refused, claiming they are not the negotiation counterparts.
The yellow envelope law expands the scope of users to those who are not parties to the employment contract but are in a position to substantively and specifically dominate and determine working conditions. Once this law is enacted, there is a possibility that delivery drivers will demand negotiations against CJ Logistics and others. This resolution of the union's longstanding wish places a significant burden on logistics companies.
The yellow envelope law also expands the target of disputes from 'determining working conditions' to 'decisions affecting working conditions and operational decisions impacting working conditions' and includes provisions to limit excessive claims for damages due to strikes.
As a result, if the yellow envelope law is enacted, delivery drivers affiliated with agencies may initiate disputes citing reasons such as the termination of agency contracts with logistics companies. Seo Yong-gu, a professor in the Department of Business Administration at Sookmyung Women's University, noted, "From the perspective of delivery drivers, the utility of disputes was low in the past due to their relationship with agencies, but as the chances of directly negotiating with the prime contractor to achieve demands have increased, strikes will inevitably occur," and stated, "(The yellow envelope law) will destroy the entire industrial ecosystem."
If the logistics union engages in collective action, not only retail companies but also many individual businesses will suffer. HiteJinro reported that its beer shipments dropped to about 30% of normal levels due to the cargo truckers' strike in 2022. At that time, the company claimed damages amounted to 2.8 billion won and filed a lawsuit against some members of the union who participated in the strike for damages.
SPC also stated that it suffered damages when the cargo truckers refused transport for 48 days while demanding improvements in labor conditions and an end to union oppression, leading to a lawsuit for 3.6 billion won in damages. During the cargo truckers' strike, more than 3,400 Paris Baguette locations across the country were unable to sell bread properly, resulting in losses for franchise owners.
An executive from a logistics company said, "As the yellow envelope law expands the concept of users, we are in a situation where we need to consider full employment." He added, "The risks have grown indefinitely." A retail industry official remarked, "How the status of delivery drivers under the yellow envelope law will be is crucial," and noted, "We are monitoring the situation closely."