By Jhoo Dong-chan



The Park Geun-hye government's campaign for new administrative guidelines allowing employers to dismiss underperforming employees is accelerating conflict with unions.



President Park warned Monday that any illegal protest activities against labor reform will not be tolerated.



In opposition to the government's move, the Korean Confederation of Trade Unions (KCTU), the nation's second-largest umbrella union, called for an indefinite all-out strike Monday.



The Federation of Korean Trade Unions (FKTU), another umbrella union, has declared the guidelines "null and void," threatening legal action and rallies against the government for breaching the tripartite deal between labor, management and government on labor reform.



"We will stage all kinds of activities against the government's labor reform campaign," an FKTU spokesman said. "We will soon fix the details of actions to nullify the government's guidelines on dismissals."



Concerns are growing over the effect on the labor market of the guidelines on dismissals and regulation changes at worksites, as both went into effect Monday.



On Jan. 22, the government announced the guidelines, which allow companies to dismiss "noticeably underperforming workers" and to arbitrarily change the rules of employment without the consent of employees.



Unlike labor bills that require approval at the National Assembly, the government can unilaterally implement the two administrative guidelines without legislation.



However, labor circles and experts expressed concerns over the guidelines which may be abused by companies to more easily fire workers without just cause.



Experts point out that the guidelines conflict with the Labor Standards Act. Under Article 94 of the act, employers are required to seek approval from workers when changing employment rules unfavorably to workers.



The government, however, claims that employers can unilaterally change employment rules if the new rules are based on a "socially accepted rationale."



Guidelines for firing underperforming workers are also not stated in the Labor Standards Act. But the government claims, based on precedents, that it is acceptable to fire such workers when the company provides enough opportunities for self-improvement by education or transfers to a different posts.



Opposition parties also oppose the government's move to implement the new guidelines.



Rep. Lee Sang-min of the main opposition Minjoo Party of Korea (MPK), said, "Such ambiguities in the guidelines may cause legal confusion in the labor market."



Lee said the guidelines will cause numerous legal disputes between companies and workers since they are not legally compulsory.



Hanyang University Law Professor Park Su-keun also voiced his concern about the impact of the guidelines.



"It has been almost impossible for companies to fire workers based on their performance because the current law has seldom allowed employers to lay off underperforming workers," said Park. "Under the new guidelines, however, companies will be able to arbitrarily evaluate workers' performances to fire them."



Certified labor attorney Lee Hoon also strongly disapproved the government's move, saying the guidelines will cause confusion in the labor market.



He said they might give the wrong signal to management, encouraging companies to fire underperforming workers at will.



"The government's move would also influence court decisions in the future. There is no doubt that layoffs will be prevailing under the new guidelines."



However, the government claims that the guidelines will help give more job opportunities to young adults in the long run.



"I will make sure that the guidelines are not about making it easier to fire workers," said Employment and Labor Minister Lee Ki-kweon in a press conference at the Sejong Government Complex.



"The guidelines are, however, vital to establish a performance-based employment system, boosting the flexibility of the labor market. There are already a number of precedents protecting workers from unreasonable layoffs."



