Translating into Español. The English version is shown until it is ready.
Samsung Biologics union seeks direct bargaining with Samsung Electronics
Versión 3: New coverage adds that Samsung Electronics has so far given no official position on the request, that the current business-support office head and People team head previously worked at the task force the union cites, and that the amended law behind the claim took effect in March; the core facts are unchanged.
En breve
The Samsung Biologics Sangsaeng labor union said it sent Samsung Electronics a formal request for collective bargaining over personnel and compensation systems, arguing the larger company is a de facto employer. It asked Samsung Electronics to hand over related personnel data and a list of bargaining representatives by Oct. 12 and proposed a first session on Oct. 14 at the Samsung Biologics workplace. The demand comes with talks with Samsung Biologics management deadlocked and a second general strike announced from Oct. 26.
Leer la noticia completa 3 min de lectura
The Samsung Biologics Sangsaeng labor union said on Oct. 6 that it had sent Samsung Electronics a document requesting collective bargaining over personnel and compensation systems, saying the larger company is a de facto employer. The union said it had confirmed circumstances in which Samsung Electronics was involved in common personnel standards, evaluation and job-grade requirements and the selection of key staff at the biotech unit, Yonhap and Hankook Ilbo reported. [ 1 , 2 , 4 , 5 , 6 ]
The bargaining agenda the union proposed covers common standards and operating procedures for job and grade systems, evaluation, promotion, training and selection; pay systems and pay bands by job and grade; compensation rules tied to evaluation and promotion; and the selection, qualification, compensation and terms of key-staff and retention programs, with reporting, consultation, approval and amendment procedures for those systems. Asia Economy reported that the request was addressed to Samsung Electronics with Chairman Lee Jae-yong and the company's business-support office and personnel and labor departments copied. [ 1 , 2 , 4 , 5 , 6 ]
As grounds, the union cited Samsung Electronics' stake of 31.22 percent in Samsung Biologics, which makes it the second-largest shareholder, and what it described as continuity of organizations and staff from a past business-support task force to the current business-support office, Asia Economy and Seoul Economic Daily reported. Seoul Economic Daily added that the current business-support office head and People team head previously worked at the task force. Electronic Times quoted the union as saying that “the mere circumstance that an organization's name and form changed” cannot be taken to mean the involvement and authority over personnel and compensation were severed. [ 1 , 5 , 6 ]
The union asked Samsung Electronics to provide current rules and standards, common guidelines sent to Samsung Biologics, records of Samsung Electronics' involvement in designing and revising the systems and a list of bargaining representatives by Oct. 12, and proposed Oct. 14 at the Samsung Biologics workplace as the date and place of the first session. A union official said the demand covers “only matters where Samsung Electronics is seen as a de facto employer”, and that if the company does not follow legally required procedures, the union will seek correction of the public notice of the bargaining request through the Labor Relations Commission and pursue proceedings to confirm Samsung Electronics' employer status. [ 1 , 2 , 4 , 5 , 6 ]
The demand comes as the union and Samsung Biologics management have negotiated for more than half a year over wages, performance bonuses and personnel and management-rights provisions without agreement, including three rounds of post-mediation talks, according to Yonhap and Seoul Economic Daily. The union staged a partial strike in late April, a first full strike on May 1-5 and has since refused overtime and holiday work, and it gave notice on Oct. 2 of a second general strike to begin Oct. 26 and run for three weeks. [ 2 , 6 ]
Seoul Economic Daily reported that the amended Labor Union and Labor Relations Adjustment Act, known as the Yellow Envelope Act, took effect in March and allows a party that can substantially and concretely control working conditions to be recognized as an employer even if it is not a party to the employment contract. Electronic Times reported that Samsung Electronics has given no official position on the request, and Asia Economy said whether Samsung Electronics is recognized as a legal employer with an obligation to bargain is expected to be the central dispute. [ 1 , 5 , 6 ]
Por qué importa
The dispute turns on whether a company that is a minority shareholder can be treated as a legal employer with a duty to bargain, a question that could affect labor relations at other affiliates in the group. A second general strike from Oct. 26, as announced by the union, would affect a contract manufacturing site that supplies pharmaceutical clients. The documents contain no response from Samsung Electronics to the request.
Datos clave
- The Samsung Biologics Sangsaeng labor union said it sent Samsung Electronics a document requesting collective bargaining over common standards for personnel and compensation systems. [ 1 , 2 , 4 , 5 , 6 ]
- The union says Samsung Electronics is a de facto employer because it has been involved in personnel standards, evaluation and job-grade requirements and the selection of key staff at Samsung Biologics. [ 1 , 2 , 4 , 5 , 6 ]
- Samsung Electronics is the second-largest shareholder of Samsung Biologics; Asia Economy and Seoul Economic Daily put the stake at 31.22 percent. [ 1 , 2 , 4 , 6 ]
- The union asked Samsung Electronics to provide related personnel rules, records of reporting, consultation and approval, and a list of bargaining representatives by Oct. 12. [ 1 , 2 , 4 , 5 , 6 ]
- The union proposed Oct. 14 at the Samsung Biologics workplace as the date and place of the first bargaining session. [ 1 , 2 , 4 , 5 , 6 ]
- The union said it would seek correction of the bargaining-request notice from the Labor Relations Commission and pursue proceedings to confirm Samsung Electronics' employer status if the request is not accepted or not publicly notified as required by law. [ 1 , 2 , 4 , 5 , 6 ]
- Electronic Times reported that Samsung Electronics has not stated an official position on the request. [ 5 ]
- Seoul Economic Daily reported that the amended Labor Union and Labor Relations Adjustment Act, known as the Yellow Envelope Act, took effect in March and allows a party that substantially controls working conditions to be treated as an employer. [ 6 ]
Confirmado por varias fuentes
- The Samsung Biologics union sent Samsung Electronics a formal request for collective bargaining over personnel and compensation systems, saying Samsung Electronics has been involved in working conditions there. [ 1 , 2 , 4 , 5 , 6 ]
- The union demanded that Samsung Electronics deliver related personnel data and a list of bargaining representatives by Oct. 12. [ 1 , 2 , 4 , 5 , 6 ]
- The union proposed Oct. 14 at the Samsung Biologics workplace for the first bargaining session. [ 1 , 2 , 4 , 5 , 6 ]
- The union said it would seek correction from the Labor Relations Commission if Samsung Electronics does not accept the bargaining request or does not publicly notify it as required by law. [ 1 , 2 , 4 , 5 , 6 ]
- Samsung Electronics is the second-largest shareholder of Samsung Biologics. [ 1 , 2 , 4 , 6 ]
- The union has negotiated with Samsung Biologics management for more than half a year without agreement and has announced a second general strike from Oct. 26, Yonhap and Seoul Economic Daily reported. [ 2 , 6 ]
Aún sin aclarar
- Whether Samsung Electronics will be recognized as a legal employer with a duty to bargain with the Samsung Biologics union. The documents describe this as the expected central dispute, to be settled through Labor Relations Commission procedures rather than reported as resolved.
- Whether Samsung Electronics will respond to the request or designate bargaining representatives by Oct. 12. Electronic Times reports that Samsung Electronics has stated no official position; the other documents contain no company response.
- The extent of Samsung Electronics' involvement in Samsung Biologics personnel and compensation decisions, including the stated continuity from a past business-support task force to the current business-support office. This rests on the union's assertions; Seoul Economic Daily adds that the current business-support office head and People team head previously worked at the task force.
- Why one outlet framed the request around the “Yellow Envelope Act”. Newsis's headline referred to the law, but the article text available in the document does not cover the bargaining request, so its reasoning cannot be reported.
Qué dicen los medios locales
Cronología, hora local
- The amended Labor Union and Labor Relations Adjustment Act, known as the Yellow Envelope Act, takes effect in March, Seoul Economic Daily reported. [ 6 ]
- The union stages a partial strike in late April, according to Yonhap and Seoul Economic Daily. [ 2 , 6 ]
- The union holds what it called a first full strike from May 1 to 5, Yonhap and Seoul Economic Daily reported. [ 2 , 6 ]
- Asia Economy publishes its report on the bargaining demand. [ 1 ]
- Yonhap publishes its report on the bargaining demand. [ 2 ]
- Newsis publishes a report whose headline says the union has turned to negotiations with Samsung Electronics. [ 3 ]
- The union gives notice of a second general strike to begin Oct. 26, Yonhap and Seoul Economic Daily reported. [ 2 , 6 ]
- Hankook Ilbo publishes its report on the bargaining demand. [ 4 ]
- Electronic Times publishes its report on the bargaining demand. [ 5 ]
- Seoul Economic Daily publishes its report on the bargaining demand. [ 6 ]
- Deadline the union set for Samsung Electronics to submit personnel data, designate a bargaining committee and reply. [ 1 , 2 , 4 , 5 , 6 ]
- Date the union proposed for the first bargaining session at the Samsung Biologics workplace. [ 1 , 2 , 4 , 5 , 6 ]
- Start of the second general strike announced by the union, planned to run three weeks. [ 2 , 6 ]