Recently, regarding the series of labor 'autumn struggle' protests, the Ministry of Employment and Labor explained, "It has nothing to do with the 'yellow envelope law' (Amendments to Articles 2 and 3 of the Trade Union Act)."
On the 4th, the Ministry of Employment and Labor held a separate briefing regarding the strikes conducted by major business sites' unions, noting, "This year's partial strikes and negotiation situations are developing similarly to previous years," and added, "This is due to the difference in positions between labor and management during the company's wage bargaining and collective agreement negotiations."
Previously, Hyundai Motor, HD Hyundai Heavy Industries, HD Hyundai Mipo, HD Hyundai Samho, and GM Korea have struggled in negotiations for wage bargaining and collective agreements this year, leading to a series of strikes. In particular, the Hyundai Motor union has initiated a partial strike for the first time in seven years, and the three shipbuilding companies conducted a joint strike recently. GM Korea is also continuing its partial strike.
In response, a Ministry of Employment and Labor official stated, "The wage bargaining negotiations at these business sites have started around May to June over the past three years, typically lasting an average of three to four months," and said, "There have been 1 to 24 strikes per company from 2022 to 2024."
He further explained, "Regardless of the revisions to the Trade Union Act, each business site's labor and management are proceeding with wage negotiations according to their own schedules," emphasizing that "the contents of negotiations and strikes are also similar to previous years, so the claim that strikes are due to the amendments to the Trade Union Act is not true."
Some have pointed out that the recent merger decision between HD Hyundai Heavy Industries and HD Hyundai Mipo and the joint struggle declaration by both unions may be influenced by the amendments to the Trade Union Act. This is because the amended law includes a provision that allows 'business management decisions that affect working conditions,' such as restructuring, to be subject to 'labor disputes.'
The Ministry of Employment and Labor explained that the merger decision between HD Hyundai Heavy Industries and HD Hyundai Mipo is unlikely to be seen as a labor dispute even under the criteria of the amended Trade Union Act. A ministry official stated, "The fact that there is a 'general possibility' of affecting working conditions does not mean that all 'business management decisions' become the subject of labor disputes. Decisions directly and closely affecting working conditions, like personnel reductions and layoffs, are what constitute disputes. Given that there is not a surplus of workforce in the shipbuilding industry, it is expected that such restructuring will not occur during this merger process."
Regarding the GM Korea union's claim for the withdrawal of asset sales during the partial strike, he stated, "Ultimately, the differences in opinion about wage increases are the core issue, and the legitimacy of the struggle will be judged based on the primary purpose."
The ministry also addressed concerns that the recent lawsuit filed by the non-regular workers' (subcontractors) union of Hyundai Steel against Chung Eui-sun, the chairman of Hyundai Motor, may be influenced by the amendments to the Trade Union Act. The official noted that "Even after the amendment, the employer's attributes are not automatically recognized," adding that it recognizes employers only in areas that can 'substantially and concretely influence and determine' working conditions, hence actual assessments must be made.
The Ministry of Employment and Labor stated that it will strengthen on-site guidance for stabilizing labor-management relations at business sites that are currently experiencing strikes and wage negotiations, and will make efforts to reduce confusion following the implementation of the 'yellow envelope law.' A ministry official remarked, "In the six months leading up to the implementation of the amendments to the Trade Union Act, we will collect opinions from labor and management as well as experts to prepare specific guidelines and manuals regarding the judgment criteria for the employer's attributes and the scope of labor disputes, negotiation procedures, etc.," and emphasized, "We will communicate and prepare so that management does not have excessive concerns, and labor does not have excessive expectations during this process."