Part 3 | Key Activities
Commission recommended the following provisions under Article 3 of the Trade Union and
Labor Relations Adjustment Act: (1) to prohibit claim compensation or application for an
injunction against workers or labor unions for damages suffered as a result of exercising their
constitutionally guaranteed rights to association, collective bargaining, and collective action;
(2) to prohibit claim compensation or application for an injunction against individual workers
or guarantors for damages suffered as a result of dispute actions led by labor unions; and (3)
to allow the court to reduce the amount of compensation, taking into account the cause and
progress of dispute actions, the financial condition of obligated parties, and employers’ unfair
labor practices. The majority opinion favored the establishment of provisions that allow the
court, either on its own authority or upon the request of the parties, to dismiss lawsuits or
injunction applications that are brought with the intention of undermining the constitutionally
guaranteed rights to association, collective bargaining, and collective action.
The Commissioners who held opposing views were supportive of the proposed provisions
prohibiting compensation claims against guarantors in illegal dispute actions and allowing the
court to reduce the amount of compensation based on various considerations, but disagreed on
other matters. Excluding those issues, the unanimous opinion of the remaining Commission
members was to submit the relevant opinions to the Speaker of the National Assembly.
Part 3 | Key Activities
87