Since the enforcement of the revised Trade Union Act, commonly known as the "Yellow Envelope Act," a union representing non-regular government workers has publicly called on the Minister of the Office for Government Policy Coordination and Budget to engage in direct collective bargaining. The government, however, maintains that working conditions in the public sector are not subject to labor-management negotiations.
The Public Solidarity Union under the Korean Confederation of Trade Unions' (KCTU) Democratic General Federation held a press conference on Tuesday in front of the budget office at the Government Sejong Complex, arguing that "the budget office, as the 'real boss,' must engage in direct bargaining with non-regular government workers." The union has approximately 3,000 non-regular government employee members.
The union demanded bargaining with the budget office because it sees the office as holding substantive decision-making authority over each ministry's budget. The logic mirrors that of subcontractor unions demanding negotiations with principal employers who effectively control subcontractors since the revised Trade Union Act took effect. The union views the budget office as the de facto "principal employer," stating that "actual wages and working conditions are controlled not by the ministries where workers are employed, but through the budget office's budget compilation guidelines and budget consultation process."
The government, however, maintains that the budget office cannot be considered a bargaining counterpart. The Ministry of Employment and Labor stated in its interpretive guidelines for the revised Trade Union Act that regarding employer status in the public sector, "working conditions determined by law or budgets approved by the National Assembly are difficult to view as direct subjects of individual labor-management bargaining."
The union also delivered a formal letter requesting bargaining to the budget office on the same day. If the request is rejected, the union plans to file a remedial claim with the Labor Relations Commission after legal review. In reviewing the case, the commission would also determine whether the agency qualifies as a legally recognized bargaining counterpart — that is, whether its employer status is acknowledged.
If the Labor Relations Commission recognizes the budget office's employer status, significant repercussions across public sector labor relations are expected. As of the 3rd, subcontractor unions had submitted 151 demands for principal-employer bargaining related to the public sector, accounting for approximately 40% of the total 366 entities targeted for principal-employer bargaining demands.