home Home > Regulations Search > Integrated Search
  •  
  • list
  • the body
SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON THE PROTECTION AND FURTHERANCE OF WORKERS' RIGHTS
Partial Amendment No. 6641, Sep. 21, 2017 Amendment of Other Laws No. 6851, Mar. 22, 2018


CHAPTER I GENERAL PROVISIONS Article 1 (Purpose) The purpose of this Ordinance is to ensure that all citizens realize their dignity and value as human beings and enjoy the right to have a happy life by promoting the protection and furtherance of rights of workers in the Seoul Metropolitan City pursuant to the Labor Standards Act, the Framework Act on Labor Welfare, the Occupational Safety and Health Act, and other relevant statutes. <Amende by Ordinance No. 6851, Mar. 22, 2018>



Article 2 (Definitions) The terms used in this Ordinance shall be defined as follows:
1. "Worker" means a worker defined by Article 2 of the Labor Standards Act;
2. "Employer" means an employer defined by Article 2 of the Labor Standards Act.



Article 3 (Scope of Application) This Ordinance shall apply to the workers who provide labor in a business establishment that has its domicile in Seoul and the employers of such workers.



Article 4 (Mayor's Responsibilities) (1) The Mayor of the Seoul Metropolitan Government (hereinafter referred to as the "Mayor") shall endeavor to protect and further workers' rights.
(2) The Mayor shall endeavor to ensure that each worker receives wages appropriate and necessary for enjoying a healthy, cultural life and maintaining dignity and value as a human being.
(3) The Mayor shall endeavor to ensure that each worker can work in an environment comfortable and safe enough to keep his/her life and health as well as dignity and value as a human being.



Article 5 (Relationships to Other Municipal Ordinances) (1) Other municipal ordinances enacted or amended to protect workers' rights shall conform to the provisions of this Ordinance.
(2) Except as otherwise prescribed by any other municipal ordinance, the provisions of this Ordinance shall apply to the protection and furtherance of workers' rights.




CHAPTER II FORMULATION AND IMPLEMENTATION OF POLICIES ON LABOR Article 6 (Master Plan for Labor Policies) (1) The Mayor shall formulate and implement a master plan on labor policies (hereinafter referred to as "master plan") for the protection and furtherance of ordinary workers, including non-regular workers, low-wage workers, and disadvantaged workers, for every five-years.
(2) The master plan shall include the following matters:
1. The basic direction of labor policies;
2. Goals for carrying out main tasks under the policies for each field and an implementation plan therefor;
3. Procurement of financial resources for implementing the master plan;
4. Execution of projects for survey, research, and education on labor;
5. Other essential matters for protecting and furthering workers' rights.
(3) When the Mayor intends to formulate a master plan, he/she may collect citizens' opinions thereon through public hearings, forums, etc.
(4) The Mayor may conduct surveys on actual working conditions so as to reflect the results thereof in the formulation of a master plan.



Article 7 (Annual Implementation Plans) The Mayor shall formulate and implement an annual implementation plan for each year based on the master plan.



Article 8 (Inspection and Evaluation) The Mayor shall periodically inspect and evaluate the progress of implementation of the master plan and the annual implementation plan and shall reflect the results thereof in the plans for the following year.



Article 9 (Development and Operation of System for Protecting Rights and Interests) The Mayor shall endeavor to develop and operate a system for protecting workers' rights and interests, including the procedure for remedial measures against violations of workers' rights and guidance for information about labor-related statutes.



Article 10 (Education for Protection and Furtherance of Workers' Rights) (1) The Mayor shall endeavor to establish a system for the education of labor law in various educational institutions and facilities so that citizens and workers can receive education on the protection and furtherance of workers' rights.
(2) The Mayor shall endeavor to ensure that public officials and employees under his/her direction receive education on the protection and furtherance of workers' rights so as to create a labor-sensitive culture of public administration.
(3) The head of each institution contributed or funded by the Seoul Metropolitan Government (hereinafter referred to as the “Seoul Metropolitan Government”) shall endeavor to ensure that employees under his/her direction receive education on the protection and furtherance of workers' rights so as to create a labor-sensitive culture of public administration. <Amended by Ordinance No. 6851, Mar. 22, 2018>



Article 11 (Assistance in Activities for Protecting and Furthering Workers' Rights) (1) The Mayor may establish and operate welfare and support facilities for workers.
(2) Pursuant to Articles 3 and 4 of the Framework Act on Labor Welfare and other relevant statutes, the Mayor may provide financial assistance to the institutions or organizations that implement a program for protecting and furthering workers' rights, within budgetary limits.
(3) The Seoul Metropolitan Government Ordinance on the Management of Local Subsidies shall apply to specific matters concerning the financial assistance under paragraphs (1) and (2). <Amended by Ordinance No. 5930, May 14, 2015>




CHAPTER III WORKERS' RIGHTS PROTECTION COMMITTEE Article 12 (Establishment and Functions) (1) The Mayor shall establish the Workers' Rights Protection Committee of Seoul Metropolitan Government (hereinafter referred to as the "Committee"), which shall deliberate on major policies on the protection and furtherance of workers' rights and render advice thereon.
(2) The Committee shall perform the following affairs:
1. Deliberating on the formulation of a master plan and rendering advice thereon;
2. Deliberating on annual implementation plans for the master plan and rendering advice thereon;
3. Rendering advice on laws, regulations, policies that affect workers' rights and interests;
4. Rendering advice on other matters for the development and operation of a system for protecting workers' rights and interests.



Article 13 (Composition) (1) The Committee shall be composed of not more than 15 members, including one chairperson and one vice chairperson, and the chairperson and the vice chairperson shall be elected by and from among committee members.
(2) Committee members shall be commissioned by the Mayor from among the following persons, and the Director-General of the bureau in charge of labor relations in the Seoul Metropolitan Government shall serve as an ex officio member:
1. Members of the Seoul Metropolitan Council;
2. Persons who have expertise or experience in research on labor relations;
3. Persons who have worked for a government organ, a non-governmental organization, a labor organization, or an international organization in the field of labor and have specialized experience and knowledge.
(3) The Committee shall have one executive secretary, and the Director of the division in charge of labor administration and the protection of workers shall serve as executive secretary.



Article 14 (Term of Office) (1) The term of office of each committee member shall be two years but may be renewed consecutively only once.
(2) The term of office of a committee member commissioned to fill a vacancy shall correspond to his/her predecessor's remaining term of office.



Article 15 (Exclusion, Challenge, and Avoidance of Committee Members) (1) A committee member who has an interest in a case on the agenda for which advice has been sought shall be deemed disqualified from the deliberation on the relevant case.
(2) If there is a ground to believe that it is impracticable to expect impartial advice and mediation from a committee member on a case on the agenda, the chairperson shall exclude the member from rendering advice and mediation on such case.
(3) When a committee member becomes aware that he/she has an interest in a case on the agenda, he/she shall voluntarily avoid participation on the deliberation on the case.



Article 16 (Grounds for Disqualification) In any of the following cases, the Mayor shall dismiss a committee member from office:
1. If a committee member is unable to perform his/her duties due to a personal accident or any other cause or event;
2. If a committee member divulges confidential information acquired in the scope of his/her duties;
3. If a committee member is frequently absent from committee meetings;
4. If a committee member is found inappropriate for performing his/her duties on the ground of disrespectful behavior or any other ground.



Article 17 (Duties of Chairperson and Others) (1) The chairperson shall represent the Committee and administer all business affairs of the Committee.
(2) The vice chairperson shall assist the chairperson and shall act on behalf of the chairperson, if the chairperson is unable to perform his/her duties due to an unavoidable cause or event.



Article 18 (Meetings) (1) Committee meetings shall be divided into regular meetings and special meetings for the purpose of operation.
(2) Regular meetings shall be held on a semi-annual basis, while a special meeting shall be convened by the chairperson whenever the chairperson deems necessary or upon receipt of a request from at least 1/3 of current members to convene a meeting.
(3) A committee meeting shall be duly formed with the attendance of the majority of current members, and a resolution shall be adopted by affirmative votes of the majority of the members present at the meeting: Provided, That if votes are equally divided, the chairperson shall make a decision.
(4) All committee meetings shall be open to the public, and minutes of each meeting shall be taken and made available for public inspection: Provided, That the Committee may resolve to hold a closed meeting or restrict the inspection of minutes of a meeting, if it concludes that it is not appropriate to make a meeting open to the public in light of the nature of the case at issue.



Article 19 (Subcommittees) (1) The Committee may have subcommittees, where necessary.
(2) Members of a subcommittee shall be commissioned by the chairperson from among committee members after deliberation by the Committee.



Article 20 (Allowances, etc.) Committee members who attend a committee meeting may be reimbursed for allowances and travel expenses in accordance with the Seoul Metropolitan Government Ordinance on the Payment of Allowances and Travel Expenses for Committees, within budgetary limits.


Article 21 (Labor Law Compliance Officer) (1) The Mayor may have a labor law compliance officer (hereinafter referred to as “compliance officer”) to protect and promote rights and interest of workers.
(2) Not more than five compliance officers shall be employed as public officers in a fixed term position from among any of the following persons:
1. A person who holds a license of attorney or certified public labor attorney and have work experience in the relevant field;
2. A person who has at least five year-experience relating to labor in a corporation or organization including a labor-related international organization, state or local government, public institution, research institute, labor-related department of a private enterprise, or labor union, and who has been recommended by a labor organization.
(3) A compliance officer may inspect violations of labor law committed by any of the following institutions and recommend to make a correction thereto:
1. The Seoul Metropolitan Government and administrative agency under its jurisdiction;
2. An autonomous Gu (limited to affairs delegated by the Seoul Metropolitan Government and matters requested to inspect by the head of an autonomous Gu in the Seoul Metropolitan City on the ground of municipal ordinance of the relevant local government);
3. An institution affiliated with and invested, contributed, or funded by the Seoul Metropolitan Government;
4. An institution performing affairs entrusted by the Seoul Metropolitan Government.
(4) The head of an institution subject to examination shall fully cooperate with the inspection under paragraph (3).
[This Article Newly Inserted by Ordinance No. 6641, Sep. 21, 2017]


ADDENDA
Article 1 (Enforcement Date)
This Ordinance shall enter into force on the date of its promulgation.
Article 2 Deleted
ADDENDA <Ordinance No. 5930, May 14, 2015>
Article 1 (Enforcement Date)
This Ordinance shall enter into force on the date of its promulgation.
Articles 2 through 5 Deleted.
ADDENDUM <Ordinance No. 6641, Sep. 21, 2017>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 6851, Mar. 22, 2018>
This Ordinance shall enter into force on the date of its promulgation.