In order for a union to make a CBA, official authorization determination is a must.
Authority Conditions
- The union must exceed the industry threshold (usually 1%)
- It must provide a majority at the workplace/enterprise level
- Application for authorization to the Ministry
Authority Determination Certificate
The Ministry finalizes the application within 15 days. An authorization certificate is issued or a rejection decision is issued.
Objection
An objection can be made to the labor court within 15 days against the decision. The objection process usually takes a long time.
Post Authorization
- Call to the employer (60 days)
- Negotiation process
- Agreement → CBA is signed
- Non-agreement → official mediator, then strike/lockout
Supreme Court 9th HD and 22nd HD
9. HD states that in union authority determination cases, "number of members in the workplace" and "real nature of the workplace" should be examined meticulously, and caution should be taken against fake member lists.
Labour law attorney is recommended.