ENGLISH

Fixed-Term and Part-Time Employees
Mediation and arbitration procedure
The commencement of mediation and arbitration procedures
- A Labor Relations Commission may commence a mediation procedure during an inquiry by the request of either or both the parties concerned or ex officio and may conduct arbitration if the parties concerned agree in advance to follow an arbitral award made by the Commission and file for arbitration (Article 11(1) of the Act on the Protection of Fixed-Term and Part-Time Employees).
Filing period
- A request for mediation or arbitration must be filed within 14 days of the date the request for the correction of discriminatory treatment was filed. However, the request may be filed after 14 days if the competent Labor Relations Commission so approves (Article 11(2) of the Act on the Protection of Fixed-Term and Part-Time Employees).
Processing period
- In the absence of compelling circumstances, a Labor Relations Commission must present its mediation proposal or render an arbitral award within 60 days of the commencement of the mediation procedure or of receiving the arbitration request (Article 11(4) of the Act on the Protection of Fixed-Term and Part-Time Employees).
- However, the Labor Relations Commission may cease mediation without presenting a mediation proposal if any one of the following applies [Article 119(2) of the Labor Relations Commission Rules (Labor Relations Commission Rules No. 28 issued on April 29, 2022, enforced on May 19, 2022)]:
· Either or both of the parties concerned make a request in writing for the cessation of the mediation procedure
· It is clear that either or both the parties concerned do not, in fact, intend to continue the mediation procedure
The effect of the mediation or arbitration decision
- Once the mediation is established by both parties’ acceptance of the mediation proposal or the Labor Relations Commission renders its arbitral award, these have the same effect as settlement in litigation under the Civil Procedure Act (Article 11(7) of the Act on the Protection of Fixed-Term and Part-Time Employees).