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Chapter 1 - General Provisions
Section 7.Claims or acquisitions of rights or benefits under this Act do not curtail the rights or benefits which an employee is eligible to obtain under other laws.
Section 8. The Minister shall have the authority to appoint an official whose qualification is not lower than a bachelor's degree in political science who shall have authority to file lawsuits or to hold briefs in labour cases in defence of employees or the legitimate heirs of deceased employees and, when the Ministry of Labour and Social Welfare has informed the court thereof, he or she shall have the authority to act until the case reaches its final conclusion.
Section 9. Where a boss does not refund guarantee money under paragraph 2 of Section 10 or does not pay wages, overtime pay, holiday pay and holiday overtime pay within the deadline under Section 70, compensation payment under Section 118, special compensation payment under Sections 120, 121 and 122, the boss shall pay interest of fifteen percent per annum to the employee during the period of default.
Where a boss wilfully does not refund or does not pay the money under subsection one without reasonable cause after the passage of seven days as calculated from the date due for refund or payment, the boss shall pay the employee a surcharge of fifteen percent per annum on the money unpaid during every seven-day period.
Where a boss is ready to refund or pay the money under paragraph one and paragraph two, and has handed the money to the Director-General or a person assigned by the Director-General for payment to the employee, the boss need not pay any interest or surcharge with effect from the date on which he handed that money over.
Section 10. Subject to paragraph 2 of Section 51, a boss is not allowed to demand or accept work guarantee money or money guaranteeing against damages caused at work from an employee, unless the characteristics or nature of the work which is performed are such that the employee is responsible for the financial matters or property of the boss, such that damage might be caused to the boss.
In this regard, the characteristics or nature of the work for which work guarantee money or money guaranteeing against damages caused at work may be demanded or accepted from an employee, as well as the monetary amounts and the procedures for keeping them, shall be in accordance with the criteria and procedures prescribed by the Minister in notifications.
When a boss demands or accepts guarantee money or makes a guarantee agreement with an employee as compensation for damages caused by the employee, and the boss later terminates the employment or the employee resigns or the guarantee agreement expires, the boss shall refund the guarantee money together with interest, if any, to the employee within seven days as calculated from the date on which the boss terminated the employment or the date on which the employee resigned or the date on which the guarantee agreement expired, whichever the case may be.
Section 11. If a boss is indebted to an employee because of failure to pay wages, overtime pay, holiday pay, holiday overtime pay, compensation payments, special compensation payments, savings, contributions or surcharges to him or her or the Labour Welfare and Protection Department, whichever the case may be, the employee shall have a preferential right to all the property of the debtor boss at the same level as the preferential right to payment of arrears in taxes under the Civil and Commercial Code.
Section 12. When a boss is a subcontractor, the subcontractors at the next higher levels, if any, all along the line right up to the first level contractor shall be jointly liable with the sub-contractor who is the boss for wages, overtime pay, holiday pay, holiday overtime pay, compensation payments, special compensation payments, savings, contributions or surcharges.
The first level contractor or the subcontractors under paragraph one shall have the right to seek redress from the subcontractor who is the boss for return of the money which has been paid out under paragraph one.
Section 13. When the boss changes because of a transfer, inheritance or otherwise, or in the case where the boss has legal personality and a change, transfer or merger with any other legal personality is registered, an employee shall continue to have the same rights which he had vis-a-vis the original boss and the new boss shall assume all of the rights and duties which are connected with that employee in every respect.
Section 14. A boss shall treat an employee correctly in accordance with the rights and duties which are prescribed in the Civil and Commercial Code, unless this Act prescribes otherwise.
Section 15. A boss shall treat male and female employees equally with regard to employment for work, unless such treatment is not possible due to the characteristics or nature of the work.
Section 16. A boss or a person who is a work chief, a work supervisor or a work inspector is not allowed to sexually harass an employee who is a female or a child.
Section 17. An employment agreement shall terminate upon a date specified in an employment agreement for such termination without need for advance notice.
When an employment agreement does not have a date specified for its termination, the boss or the employee may terminate the employment agreement by giving advance notice in writing to the other party at or before the time for any wage payment, and this shall serve to terminate the employment agreement at the time of the next wage payment, but it is not necessary to give more than three months' advance notice of such termination.
When a boss terminates the employment agreement, if the boss does not state the reasons for such termination in the letter of termination of the employment agreement, the boss may not cite at a later date any of the reasons under Section 119 as the basis for termination.
In the matter of termination of an employment agreement under paragraph two, the boss may pay the wages in the amount which must be paid up to the time of termination of the agreement in accordance with the termination date given in the notice and let the employee leave the job at once, and such payment of the wages to the employee in accordance with this paragraph shall be held to be payment of the employment remuneration to the employee under Section 582 of the Civil and Commercial Code.
The requirement of advance notice under this Section does not apply to termination of employment under Section 119 of this Act and Section 583 of the Civil and Commercial Code.
Section 18. When this Act requires a boss to inform the Labour Inspection Officer of any action, the boss shall do so in person, by post or by fax, whatever the case may be, at the places prescribed by the Director-General in notifications.
Section 19. In the interests of calculating an employee's period of service under this Act, holidays, leave days, days which were granted by the boss as holidays for the benefit of the employee and days which the boss ordered the employee to take as holidays for the benefit of the boss, shall be included as part of the employee's period of service.
Section 20. When an employee has not worked continuously because his or her boss had the intention of not permitting the employee to have rights under this Act, regardless of the nature of the employee's duties and the intervals between the periods of service, all periods of service shall be included for the purpose of calculation of the rights entitlements of that employee.
Section 21. Where this Act requires a boss to take any action that requires him to incur expenses, the boss shall be responsible for payment of such expenses.
Section 22. Agricultural work, sea fishing work, the work of conveying or loading and unloading goods by sea-going vessels, home work, transportation work and other work as prescribed in royal decrees may be prescribed in ministerial regulations as having labour protection that differs from that provided in this Act.
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