国内政策【切换】 国际政策

ENFORCEMENT DECREE OF THE EMPLOYMENT INSURANCE ACT Enforcement Date 21. Apr, 2015Article 19~Article20

Article 19 (Those Entitled to Employment Retention Subsidy)(1) If an employer who inevitably needs to adjust employment under Article 21 (1) of the Act takes any of the following measures (hereinafter referred to as “employment retention measures”) for insured persons (excluding daily workers, those given a notice of dismissal in advance under Article 26 of the Labor Standards Act and those due to retire for managerial reasons following recommendation by their employer; the same shall apply hereinafter in this Chapter) employed in the business concerned and thus does not dismiss any insured person due to employment adjustment during the implementation of the employment retention measures and one month thereafter, the Minister of Employment and Labor shall provide the employer with a subsidy (hereinafter referred to as “the employment retention subsidy”). <Amended by Presidential Decree No. 20775, Apr. 30, 2008; Presidential Decree No. 21348, Mar. 12, 2009; Presidential Decree No. 21510, May 28, 2009; Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 22603, Dec. 31, 2010; Presidential Decree No. 24514, Apr. 22, 2013; and Presidential Decree No. 25022, Dec. 24, 2013>

1.Where the employer reduces working hours by more than 20/100 of the aggregate working hours of all insured workers per one calendar month by adjusting working hours, reforming the shift work system (referring to a system in which divided groups of workers work in shifts), undertaking a temporary shutdown, etc., and gives money and valuables to preserve wages for the reduced working hours. In such cases, necessary matters concerning the method of calculating working hours, such as the aggregate working hours of all insured workers, shall be prescribed by the Ordinance of the Ministry of Employment and Labor;

2.Where the employer provides training to retain employment as prescribed by the Ordinance of the Ministry of Employment and Labor;

3.Where the employer grants a leave of absence for one month or more;

4. Deleted.  <Presidential Decree No. 25022, Dec. 24, 2013>

5.Deleted.  <Presidential Decree No. 22026, Feb. 8, 2010>

(2) Notwithstanding paragraph (1), if the employer employs new workers during the implementation of employment retention measures under paragraph (1) or takes employment retention measures in the same month of three consecutive years or more, the employment retention subsidy for that month shall not be provided except in cases where the head of the competent Employment Security Office deems it inevitable to do so.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 24514, Apr. 22, 2013; and Presidential Decree No. 25022, Dec. 24, 2013>

(3) Deleted.  <Presidential Decree No. 24514, Apr. 22, 2013>

Article 20 (Establishment and Report of Plan for Employment Retention Measures)(1) An employer who intends to receive an employment retention subsidy under Article 19 shall establish a plan for employment retention measures on a calendar month basis which meets the following requirements and report it to the Minister of Employment and Labor until the day before the scheduled date of implementation of employment retention measures, as prescribed by the Ordinance of the Ministry of Employment and Labor, and if the employer makes any change to matters prescribed by the Ordinance of the Ministry of Employment and Labor, such as the scheduled date of implementation of employment retention measures, workers subject to employment retention measures and money and valuables to be given during the implementation of employment retention measures, in the reported plan for employment retention measures,he/she shall report the details of the change to the Minister of Employment and Labor until the day before the scheduled date of change.  <Amended by Presidential Decree No. 21348, Mar. 12, 2009; Presidential Decree No. 21510, May 28, 2009; Presidential Decree No. 22026, Feb. 8, 2010; Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 22603, Dec. 31, 2010; Presidential Decree No. 24514, Apr. 22, 2013 and Presidential Decree No. 25022, Dec. 24, 2013>

1.The employer shall have a consultation with the workers' representative of the business concerned when establishing the plan for employment retention measures or making any change thereto: Provided, That this shall not apply unless the change to be made to the plan for employment retention measures is unfavorable to workers, such as by reducing the duration of employment retention measures or the number of people whose employment is to be retained, etc. in order to restore the employment situation to what it was before business deterioration; and

2.The employer shall keep documents containing the details of the implementation of the plan for employment retention measures for the immediately preceding month (excluding the month to which the start date of employment retention measures belongs) and related evidence.

(2) Notwithstanding paragraph (1), if there is any inevitable reason prescribed by the Ordinance of the Ministry of Employment and Labor, such as a delay in labor-management consultation, the employer may report within three days (within 20 days in cases where the employer of a business located in an area declared a special disaster area under Article 60 of the Countermeasures against Natural Disasters Act takes employment retention measures due to the special disaster) from the date of implementation or the date of change of employment retention measures.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 22603, Dec. 31, 2010; and Presidential Decree No. 24514, Apr. 22, 2013>

(3) Deleted.  <Presidential Decree No. 25022, Dec. 24, 2013>

(4) Deleted.  <Presidential Decree No. 22026, Feb. 8, 2010>

(5) Deleted.  <Presidential Decree No. 24514, Apr. 22, 2013>

 <Title of This Article Amended by Presidential Decree No. 24514, Apr. 22, 2013>

Article 20-2 (Restrictions on Support in Case of Violation of Plan for Employment Retention Measures)

If an employer carries out employment retention measures in a way different from what is said in the plan for employment retention measures or changes thereto reported under Article 20 (1), the Minister of Employment and Labor may not provide all or part of the employment retention subsidy for the month to which the date of occurrence of the violation belongs, as prescribed by the Ordinance of the Ministry of Employment and Labor.

 <This Article Newly Inserted by Presidential Decree No. 24514, Apr. 22, 2013>