With five months left until the enforcement of the "yellow envelope law" (revised Articles 2 and 3 of the Trade Union Act), confusion is continuing at corporate worksites over "with whom, how, and what to negotiate." The Ministry of Employment and Labor plans to prepare and announce guidelines, including a standard model for principal contractor–subcontractor negotiations, by the end of the year.
According to the Ministry of Employment and Labor on the 1st, the ministry communicated over the past month with 73 corporations and the two major national labor federations after launching the "field support team for the revision of Articles 2 and 3 of the Trade Union Act" on the 1st of last month. Kim Yu-jin, the ministry's Deputy Minister for labor policy, said, "We are focusing on creating a stable bargaining environment that aligns with the purpose of the law by listening to a range of voices from the field."
Business groups pointed to uncertainty over bargaining parties, procedures, and agendas, and they reportedly demanded guidelines that reflect industry-specific characteristics. In particular, the shipbuilding, steel, automobile, and logistics sectors have complex bargaining structures, leading to repeated calls for tailored guidelines. Labor groups said that follow-up measures by the government are important to ensure that principal contractor–subcontractor bargaining can take root stably in line with the purpose of the revised law.
In response, the government first plans to operate a mock principal contractor–subcontractor win-win bargaining council in the "shipbuilding industry." Principal and subcontractor labor and management will simulate actual negotiations and develop them into a standard model to be expanded to other industries. Local offices will also analyze the principal–subcontractor structures of major corporations, the distribution of unions, and past bargaining practices to provide bargaining consulting.
The ministry is accelerating the preparation of guidelines that include a standard model. Deputy Minister Kim said, "We will prepare a draft by December and hold briefings, provide training for labor inspectors, and conduct on-site consulting in January–February next year." However, matters such as the method for determining bargaining units and whether to establish a dedicated organization within the National Labor Relations Commission have not yet been finalized.
Minister Kim Young-hun of the ministry said, "The revised Trade Union Act is a 'dialogue facilitation law' and a 'win-win law' that turns disconnection into cooperation," adding, "We will fully reflect the opinions of labor and management, experts, and relevant ministries so that the legislative intent is implemented stably."