[Anchor]
The government has issued guidelines stating that management has no obligation to negotiate demands for performance bonuses linked to operating profit. The guidelines also determined that demands opposing the construction of a Honam semiconductor plant or attempting to block Hyundai Motor's introduction of robots cannot become legitimate subjects of industrial action. Labor circles immediately protested.
Reporter Jeon Hyeong-u has the details.
[Reporter]
In early April, the Samsung Electronics chapter of the supra-company union went to the brink of a general strike, demanding 15 percent of operating profit as performance bonuses.
[Rally on April 23 : Let's make it transparent and abolish the cap!]
The supra-company union had also given notice last July that the Honam semiconductor project would be handled as a negotiation agenda item next year.
Amid growing controversy, President Lee Jae-myung pointed out the need to establish criteria for subjects of industrial action, prompting the Ministry of Employment and Labor to prepare enforcement guidelines.
According to these guidelines, demands asking for a specific percentage of operating profit as a performance bonus are not subject to mandatory negotiation.
While demands for a certain multiple of annual salary are permissible, directly linking bonuses to profits infringes upon the interests of third parties such as shareholders.
Management decisions such as the Honam semiconductor megaproject or the introduction of Hyundai Motor's robot Atlas are also not subject to mandatory negotiation at the planning or initiation stage.
They become subjects of negotiation only when some employees must be transferred or when the introduction of AI and robots reaches a stage where employee layoffs are "objectively anticipated."
Not being subject to mandatory negotiation means that even if the union applies to strike over such agendas, the Labor Relations Commission will not grant approval.
Companies will not be punished for unfair labor practices even if they refuse to negotiate on these agendas.
However, labor and management can still voluntarily reach agreements on these agendas, and collective bargaining agreements on performance bonuses concluded by Samsung Electronics, SK Hynix, and others prior to the announcement of the guidelines remain valid.
Labor circles protested, claiming that the government arbitrarily and restrictively interpreted the intent of the Yellow Envelope Act.
[Jeon Ho-il / Spokesperson, Korean Confederation of Trade Unions : Creating grounds through enforcement guidelines for matters that labor and management should be able to discuss autonomously could rather foster more confusion and conflict.]
Management circles expressed concern that staffing arrangements following new investments could still potentially become subjects of strikes.
While the enforcement guidelines can be applied to workplaces immediately, they lack legal binding force, leaving limitations that if actual conflicts such as strikes flare up, the matter will ultimately have to be judged by the courts.
(Video Editing: Lee Seung-jin, Design: Jeon Yu-geun)
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