Good practices on the role of trade unions in protecting and promoting the rights of migrant workers in Asia

This report documents selected good practices of trade union actions taken place in Cambodia, Hong Kong (China), Indonesia, Lao People’s Democratic Republic, Malaysia, Myanmar, Nepal, Republic of Korea, Taiwan, China, …

South Korea: Court decision regarding administrative agency’s authority in examining trade union’s establishment report (Case Number: 2011Du6998)

This is a court decision regarding whether the administrative agency can substantially examine requirement under the Trade Union and Labor Relations Adjustment Act for a trade union establishment report and …

South Korea: Court decision regarding unfair disciplinary measure to golf course caddies (Case Number: 2011Da78804)

This is a court decision determining whether caddies at a golf course are considered workers under the Labor Standard Act and the Trade Union and Labor Relations Adjustment Act, and …

South Korea: Court decision regarding the standard for determining ordinary wage and whether regular bonus is included in the ordinary wage (Case Number: 2012Da89399)

This is a court decision setting forth the standard for determining the ordinary wage. It discusses whether a labor-management agreement excluding ordinary wage is valid and whether regular bonus payment …

South Korea: Court decision setting forth the factors to be determined as a worker (Case Number: 2011Da44276)

This is a court decision which sets forth the criteria for determining worker status under the Labor Standards Act. (English) https://library.scourt.go.kr/SCLIB_data/decision/2011Da44276.htm (Korean) https://glaw.scourt.go.kr/wsjo/panre/sjo100.do?contId=2129438

South Korea: Court decision regarding the standard of “work of equal-value” under the Equal Employment Opportunity Act (Case Number: 2010Da101011)

This is a court decision which sets forth the standard of “work of equal-value” under the Employment Opportunity Act in determining whether the employer provided equal pay to employees for …

Court decision regarding the standard for a dispatched worker to be deemed as an employee of using employer (Case Number: 2008Du4367)

This is a court decision which sets forth the standard for a dispatched worker to be deemed as an employee of using employer, and the application of ‘deemed direct employment’ …

South Korea: Court decision regarding standard for legitimate industrial action (Case Number: 2007Du12859)

This is a court decision which sets forth the standard for legitimate industrial action under the Trade Union and Labor Relations Adjustment Act. (English) https://library.scourt.go.kr/SCLIB_data/decision/6-51%20Supreme%20Court%20Decision%202007Du12859%20Decided%20June%2023.htm (Korean) https://glaw.scourt.go.kr/wsjo/panre/sjo100.do?saNo=2007%EB%91%9012859&bubNm=%EB%8C%80%EB%B2%95%EC%9B%90

OECD Case: Workers Assistance Center et al vs. Chongwon Fashion Inc.

NCPs involved: Korea NCP COUNTRY OF OPERATIONS: Philippines DATE: 3 September 2007 STATUS: Rejected ISSUE: The complaint alleged that management threatened to close plants after workers tried to unionize. Once …

South Korea: Court decision regarding labor union’s authority to waive certain rights and the process required to change an employment policy adversely to employees (Case Number: 2007Do1539)

This is a court decision regarding whether labor union can waive wages or severance payment rights of individual employees through collective agreement and the effect of a collective agreement to …