(1) Reasons for Proposal
This aims to prescribe matters delegated under the enacted Act on the Support for Work-based Learning on Industrial Sites (Act No.16559, promulgated on Aug 27, 2019, to be enforced on Aug 28, 2020), and matters required for their enforcement.
(2) Major Provisions
A. Establish the plan for implementing work-based learning (Article 2)
Establish the plan for implementing the work-based learning under Article 6 (1) of the Act on the Support for Work-based Learning on Industrial Sites (hereinafter, the “Act”) by the end of December of the previous year of every third year, and enable asking the heads of the relevant administrative agencies, local governments, and public organizations to provide the materials necessary to establish implementation plans.
B. Support regional work-based learning (Article 4)
Support the participation of the regional human resources development committees, human resources development consultative bodies, industrial organizations, etc., in operating work-based learning to promote work-based learning by region and achieve its aim, and enable operating and supporting specialized support agencies in aid of promoting regional work-based learning, companies to promote work-based learning, and joint training centers.
C. Develop the types of work related to work-based learning (Article 6)
Specify matters to consider when newly establishing, changing or abolishing the types of work related to work-based learning pursuant to Article 11 (1) and have the Minister of Employment and Labor publicly announce the types of work related to work-based learning and the standards for educational training by type of work.
D. Define the criteria for designating companies to promote work-based learning (Articles 8 through 10)
Clearly define the management and designation criteria to be met when designating companies to promote work-based learning, and prescribe the method of designation such as application for designation as companies to promote work-based learning, document and site screening.
E. Designate and utilize company on-site instructors (Articles 11 and 12)
Clearly define the requirements for designating company on-site instructors when business proprietors promoting work-based learning designate their on-site instructors, and see to it that the Minister of Employment and Labor introduces the rating system for company on-site instructors’ competence development, provides educational opportunities, subsidizes associated costs, etc.
F. Give grounds for terminating work-based contracts (Article 13)
Where work-based learners fail to comply with the rules or they cannot continue their work-based learning due to their physical or mental disorders, clearly define the justifiable grounds for termination by a business proprietor of the work-based learning contract, including suspension of the specific worker’s work-based learning.
G. Make an exception to calculation of the time for work-based learning (Article 15)
Exclude from the calculation of work-based learning time under Article 27 of the Act the education and training time outside of a business place offering work-based learning courses in which students in high schools and technical high schools under Article 2, subparagraph 3 of the Elementary and Secondary Education Act, and under each subparagraph of Article 2 of the Higher Education Act participate. and the education and training time outside of a business place offered by a joint training center for work-based learning to the employers of a company running work-based learning courses.
H. Exclude on-site apprenticeship-basis educational training time (Article 16)
If deemed unavoidable due to the nature of the duties of work-based learners including flexible work hours, allow apprenticeship-basis on-site educational training to be provided at night or on holidays by a written agreement between business proprietors promoting work-based learning and work-based learners; in this case, however, for pregnant women and young people under 18 years of age, make it obligatory to obtain the authorization of the Minister of Employment and Labor under Article 70 of the Labor Standards Act
I. Conduct internal assessments (Article 17)
Prescribe the necessary matters such as the internal assessment method and place in such a way as to determine that exceeding the percentage of the competency unit in a work-based course as prescribed by the Minister of Employment and Labor should meet the acceptance criteria for internal assessment.
J. Conduct external assessments (Article 18)
Determine the target for external assessment as the work-based learner who passed the internal assessment of the types of work related to work-based learning and attended more than 80/100 of the total training time, and determine the precondition for meeting the acceptance criteria as exceeding 70/100 of the essential competence units included in the work-based learning course. And, prescribe matters necessary to conduct external assessments, such as limiting the external assessment to within one year after the end of the work-based learning course.
K. Stipulate provisions concerning support, recovery of subsidies, and additional collection, etc. (Articles 19, 20)
Provide support to the business proprietors promoting work-based learning, educational training agencies or organizations outside of the place of business in accordance with the Employment Insurance Act, and in case of receiving or attempting to receive subsidies by false or other illegal means, the related provisions of the Act on the Development of Vocational Skills of Workers shall apply mutatis mutandis.
L. Process personally identifiable information (Article 22)
Enable processing of the data containing resident registration numbers and foreigner registration numbers for such administrative work as building a system linking companies promoting work-based learning and job seekers, designating and utilizing company on-site instructors, evaluating work-based learners, acquiring and revoking qualifications for work-based learning, issuing certificates of qualification, paying and recovering subsidies, and giving guidance and making inspections.
