国内政策【切换】 国际政策

ENFORCEMENT DECREE OF THE EMPLOYMENT INSURANCE ACT Enforcement Date 01. Jan, 2016Article 18~Article20

Article 18 (Details of Assistance for Employment Adjustment, etc.) (1) A business owner who takes measures for employment stability of workers shall be eligible for subsidies and incentives under Article 21 (1) and (2) of the Act.

(2) A business owner eligible for the preferential support as prescribed in Article 21 (3) of the Act shall be any of the following business owners:   <Amended by Presidential Decree No. 21928, Dec. 30, 2009>

1.A business owner who engages in the type of business designated as one of the types of business for which assistance for employment adjustment, etc. is required pursuant to Article 29 (1) 1 of the Enforcement Decree of the Framework Act on Employment Policy (hereafter referred to as "designated type of business" in this Article);

2.A business owner who engages in manufacturing, repair, and other works under a contract with a business owner, as prescribed in subparagraph 1 for a project that falls under a designated type of business and at least 1/2 of whose sales are related to the designated type of business;

3.A business owner who engages in business within an area designated as an area for which assistance for employment adjustment is required pursuant to Article 29 (1) 2 or 3 of the Enforcement Decree of the Framework Act on Employment Policy (hereinafter referred to as "designated area").

(3) Where a business owner falling under any subparagraph of paragraph (2) takes measures for retaining employees, or grants assistance for change of occupation, the Minister of Employment and Labor may prescribe different requirements for and the amount of assistance applicable to such business owner, after deliberation by the Employment Policy Deliberative Council under the Framework Act on Employment Policy (hereinafter referred to as the "Employment Policy Council"), notwithstanding Articles 19 through 22.   <Amended by Presidential Decree No. 21015, Sep. 18, 2008; Presidential Decree No. 21928, Dec. 30, 2009; Presidential Decree No. 22269, Jul. 12, 2010>

Article 19 (Eligibility for Subsidies for Employee Retention)(1) The Minister of Employment and Labor shall, pursuant to Article 21 (1) of the Act, grant subsidies to retain employees (hereinafter referred to as "subsidies for employee retention") to a business owner, where the business owner that finds it unavoidable to make adjustments in employment takes any of the following measures (hereinafter referred to as "measures for retaining employees") for insured workers recruited to engage in an task carried out by him/her (excluding daily workers, persons notified of dismissal in advance under Article 26 of the Labor Standards Act, and those scheduled to retire upon the business owner's recommendation due to worsening management conditions;hereafter the same shall apply in this Chapter) and where he/she does not sever the employment relationship with insured workers through the adjustments in employment during the period for which the measures for retaining employees are taken and one month thereafter:  <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; Presidential Decree No. 25022, Dec. 24, 2013>

1.Where the business owner reduces working hours in excess of 20/100 of the total working hours per calendar month of all insured workers by adjusting working hours, restructuring work shifts (referring to dividing workers into groups and having them work in shift), temporarily closing business or taking other measures, and pays money and valuables in order to compensate for lost wages due to reduced work hours. In such cases, necessary matters concerning the method of calculating the working hours, including the total working hours of all insured workers, etc., shall be prescribed by Ordinance of the Ministry of Employment and Labor;

2. Where the business owner implements a training program for retaining employees, as prescribed by Ordinance of the Ministry of Employment and Labor;

3. Where the business owner grants leave of absence for a period of at least one month;

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

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

(2) Where a business owner newly employs a worker while taking the measures for retaining employees, as prescribed in paragraph (1), or implements measures for retaining employees in the same month for three consecutive years notwithstanding paragraph (1), no subsidies for employee retention shall be paid for the relevant month, except in cases deemed unavoidable by the head of the competent employment security office.  <Amended by Presidential Decree No. 24514, Apr. 22, 2013; Presidential Decree No. 25022, Dec. 24, 2013>

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

Article 20 (Preparation and Reporting of Plan for Measures for Retaining Employees)(1) A business owner who intends to receive subsidies for employee retention prescribed in Article 19 shall prepare plans for retaining employees for each calendar month in compliance with the following requirements, as prescribed by Ordinance of the Ministry of Employment and Labor, and report it to the Minister of Employment and Labor by the day before the date of a scheduled implementation of such measures, and where he/she modifies matters prescribed by Ordinance of the Ministry of Employment and Labor in the reported plan, such as the scheduled implementation date, the persons subject to such measures, and money and valuables to be paid while such measures are taken, he/she shall report such modifications to the Minister of Employment and Labor by the day before the scheduled modification date:  <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; Presidential Decree No. 25022, Dec. 24, 2013>

1.The business owner shall consult with the representative of workers recruited to engage in the business in preparing or modifying measures for retaining employees: Provided, That cases where detailed plans measures for retaining employees to be modified are not unfavorable to employees, such as reduction of period during which measures for retaining employees are taken or reduction in the number of people eligible to remain employed in order to restore employment conditions back to the level seen before business deterioration, shall be excluded herefrom;

2.The business owner shall prepare a document that describes the detailed implementation plans for retaining employees for the previous month (excluding the month to which the first date of implementation of the measures for retaining employees belongs) and related evidentiary documents.

(2) Notwithstanding paragraph (1), if any unavoidable cause or event prescribed by Ordinance of the Ministry of Employment and Labor, such as delay in the process of labor-management consultation, exists, such report may be filed within three days from the date the measures for retaining employees are taken or the date of revision of such plan (within 20 days, where the business owner operating in an area declared as a special disaster area pursuant to Article 60 of the Framework Act on the Management of Disasters and Safety takes measures for retaining employees due to such special disaster).  <Amended by Presidential Decree No. 24514, Apr. 22, 2013>

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

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

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

Article 20-2 (Restrictions on Granting of Subsidies in Cases of Violation of Plans for Retaining Employees)

Where a business owner implements measures for retaining employees deviated from the plan or revised plan for such measures reported pursuant to Article 20 (1), the Minister of Employment and Labor may not pay the whole or part of the subsidies for employee retention for the month during which such violation occurs, as prescribed by Ordinance of the Ministry of Employment and Labor.

[This Article Newly Inserted by Presidential Decree No. 24514, Apr. 22, 2013]