공무원 근무시간 면제 한도 최초 결정의 의미와 향후 과제 (Implications and Future Tasks of the Decision of the Public Officials Time-Off Deliberation Committee of the Economic, Social and Labor Council on the Public Officials Maximum Time-Off Limit)

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초록

On 22 October 2024, the Public Officials Time-Off Deliberation Com- mittee of the Economic, Social and Labor Council deliberated and resolved on Public Officials Maximum Time-Off Limit, which is approximately 51.1% of the private workers, and the resolution will take effect imme- diately upon notification by the Minister of Employment and Labor. The “Act on the Establishment and Operation of Public Officials Trade Union” (hereinafter referred to as the “Public Officials Trade Union Act” or “Act”), which was amended on 10 June 2022 and came into force on 11 December 2023, introduced a Time-Off system that allows public officials to engage in activities such as collective bargaining and grievance settle- ment without loss of remuneration, but the implementation of the Act has been delayed due to delays in determining the maximum Time-off limit and the number of eligible employees (the “Maximum Time-Off Limit”) by the Public Officials Time-Off Deliberation Committee.
Public officials have been prohibited from paying remuneration to their full-time union officials since the enactment of “Public Officials Trade Union Act” in 2005. However, in 2021, when Korea ratified the ILO Core Conventions, the Act was amended and the Time-off System was introduced (Article 7⓶), which came into effect on 11 December 2023. The decision of the Public Officials Time-Off Deliberation Committee is significant because it is the first labor-management agreement reached by the Economic, Social and Labor Committee since the restoration of social dialogue in 2023.
In this article, we first review the Public Officials Time-Off Deliber- ation Committee's decision on the maximum time-off limit for public officials and the issues that were raised during the discussion. As the Public Officials Trade Union Act requires the Public Officials Time-Off Deliberation Committee to consider the characteristics of public officials labor relations, such as the number of trade union members, as well as the organizational form, bargaining structure and scope of trade unions, when deliberating and deciding on the time-off limit (Article 7⓶(3) of the Act), it is necessary to examine whether these factors were fully discussed and reflected in the time-off limit decision. This is why it is important not to simply focus on the percentage of time-off compared to the private sector. We have also proactively examined the problems that may arise when implementing the time-off system, which should be addressed first through the operational manual and consultations that the Ministry of Employment and Labor will distribute in near future. We hope that these reviews and recommendations will help improve the laws and systems related to the time-off system in the future.

영어초록

On 22 October 2024, the Public Officials Time-Off Deliberation Com- mittee of the Economic, Social and Labor Council deliberated and resolved on Public Officials Maximum Time-Off Limit, which is approximately 51.1% of the private workers, and the resolution will take effect imme- diately upon notification by the Minister of Employment and Labor. The “Act on the Establishment and Operation of Public Officials Trade Union” (hereinafter referred to as the “Public Officials Trade Union Act” or “Act”), which was amended on 10 June 2022 and came into force on 11 December 2023, introduced a Time-Off system that allows public officials to engage in activities such as collective bargaining and grievance settle- ment without loss of remuneration, but the implementation of the Act has been delayed due to delays in determining the maximum Time-off limit and the number of eligible employees (the “Maximum Time-Off Limit”) by the Public Officials Time-Off Deliberation Committee.
Public officials have been prohibited from paying remuneration to their full-time union officials since the enactment of “Public Officials Trade Union Act” in 2005. However, in 2021, when Korea ratified the ILO Core Conventions, the Act was amended and the Time-off System was introduced (Article 7⓶), which came into effect on 11 December 2023. The decision of the Public Officials Time-Off Deliberation Committee is significant because it is the first labor-management agreement reached by the Economic, Social and Labor Committee since the restoration of social dialogue in 2023.
In this article, we first review the Public Officials Time-Off Deliber- ation Committee's decision on the maximum time-off limit for public officials and the issues that were raised during the discussion. As the Public Officials Trade Union Act requires the Public Officials Time-Off Deliberation Committee to consider the characteristics of public officials labor relations, such as the number of trade union members, as well as the organizational form, bargaining structure and scope of trade unions, when deliberating and deciding on the time-off limit (Article 7⓶(3) of the Act), it is necessary to examine whether these factors were fully discussed and reflected in the time-off limit decision. This is why it is important not to simply focus on the percentage of time-off compared to the private sector. We have also proactively examined the problems that may arise when implementing the time-off system, which should be addressed first through the operational manual and consultations that the Ministry of Employment and Labor will distribute in near future. We hope that these reviews and recommendations will help improve the laws and systems related to the time-off system in the future.

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