KCTU: Only 10 Main Negotiations Held Since 'Yellow Envelope Law' Enactment; Administrative Guidelines Cited as Obstacles

The Korean Confederation of Trade Unions (KCTU) stated that 100 days have passed since the implementation of the Yellow Envelope Law, yet only 10 workplaces have entered into main negotiations with prime contractors. The union urged for revisions, claiming that "enforcement decrees and administrative guidelines are stifling the law."

In a statement released today (June 22), the KCTU said, "The fact that only 10 unions have entered into main negotiations out of 1,161 subcontracted unions that requested them is proof that the amended Trade Union Act is not functioning properly in the field."

According to an analysis of the status of negotiation requests released by the Ministry of Employment and Labor, 1,161 subcontracted unions had requested negotiations with 439 prime contractor workplaces as of the 19th of this month.

However, only 10 workplaces (2.3%) have actually begun negotiations due to factors such as the progression of phased procedures.

In response, the KCTU criticized the Ministry of Employment and Labor, stating, "This is the result of the ministry failing to properly reflect the opinions of field workers while creating enforcement decrees, interpretation guidelines, and manuals."

The union further pointed out, "The Labor Ministry claimed that utilizing the bargaining unit separation system could resolve conflicts between unions, but the result is that the Labor Relations Commission has made conservative judgments on bargaining unit separation, which has instead intensified conflicts between labor groups."

The KCTU continued, "The issues with the interpretation guidelines are even more serious," emphasizing that "the government has arbitrarily created criteria for employer status in the public sector, effectively stripping subcontracted workers in the public sector of their right to negotiate with prime contractors."

They also likened the situation to "the tail wagging the dog," stating, "Local governments and the central government, which should be model employers, are instead denying their status as employers and refusing to engage in negotiations. Administrative guidelines such as enforcement decrees are becoming obstacles to the operation of the Trade Union Act."

The KCTU stated, "The government must first fulfill its role as a model employer and prepare special measures to ensure that the public sector can immediately respond to negotiations with subcontracted workers."

Furthermore, the union demanded, "The government's creation of a procedure for unifying bargaining channels for supra-enterprise negotiations—which was not delegated by law—and its use of double standards to deny employer status in the public sector to restrict the amended Trade Union Act is a clear abuse of power. They must fully review and immediately revise the enforcement decrees and interpretation guidelines."

(Photo: Yonhap News)
※ Please note: This article was translated by AI and may contain errors.