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National Assembly Legislation

  • Equal Employment Opportunity and Work-Family Balance Assistance Act
    • Competent Ministry : Ministry of Employment and Labor
    • Advance Publication of Legislation : 2020-08-12
    • Opinion Submission Deadline : 2020-08-26
Reasons for Proposal

Although the National Human Rights Commission of Korea expressed its opinion in 2013 to improve the corporate practice of discriminating between the congratulations and condolences of father's side and those of mother’s side, it has been pointed out that some companies continue to pursue such discrimination. 

Since the current Act lacks any provision on the leave for the congratulations and condolences of the employees or their family members, it is determined by labor-management agreements, including collective agreements. However, in the process of collective bargaining between labor and management, the issue of leave for congratulations and condolences is often relegated to a lower priority behind wages, raising the need to guarantee the leave for congratulations and condolences under the law. 

Therefore, the Amendment aims to mandate the companies to grant leaves for congratulations and condolences applied for by workers, prescribe that the period of leave shall be prevented from varying depending on the gender or the father/mother side of the deceased upon the death of a relative, and impose a penalty or administrative fine upon the business owner who violates the said requirements (Article 22-6, Article 37 (2) 9, and Article 39 (2) 9 newly inserted). 

Major Provisions

The Amendment aims to mandate companies to grant leaves for congratulations and condolences when applied for by workers, prescribe that the period of leave shall be prevented from varying depending on the gender or the father/mother side of the deceased upon the death of a relative, and impose a penalty or administrative fine upon the business owner who violates the said requirements (Article 22-6, Article 37 (2) 9, and Article 39 (2) 9 newly inserted). 


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