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Policies & Regulations Labor Standards Act Regulations Regarding the Confidentiality and Processing of Violation Complaints Issued, May 15, 2017

In order to comply with Article 74 of the Labor Standards Act, amended on December 21, 2016, the Ministry of Labor issued the Labor Standards Act Regulations Regarding the Confidentiality and Processing of Violation Complaints on May 15, 2017. The regulations specify the regulations in ensuring the confidentiality of violation complaints and other related matters.

As pointed out by the Ministry, Article 74 of the Labor Standards Act not only states that "a worker, upon discovery of any violation by the business entity of the Act and other labor laws or administrative regulations, may file a complaint to the employer, competent authorities or inspection agencies", and that "the competent authority or the inspection agency shall keep the identity of the complainant confidential and shall not disclose any information which might reveal the identity of the complainant." Article 74 also authorizes the Ministry to establish regulations regarding the confidentiality of reported complaints and other matters that must be complied with. The regulations the Ministry announced today include detailed provisions on submission of reported complaints, notification of complaint processing, confidentiality of complainants' personal information, and management of relevant files. This allows the competent authority or inspection agency to guarantee confidentiality and comply with relevant regulations when processing reported complaints.

The Ministry stressed that the stipulation of these regulations will lead to more thorough treatment of labor complaints, strengthen the level of confidentiality for complainants, reduce the risks of and concerns about leaks, and better safeguard workers' rights and interests.

Key words: Labor Standards Act, Complaints, Confidentiality

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