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Labor Relations

What is an Employer?

10/1/2025
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Author:system
Generally, a legal entity or individual that is the subject of a business promising to pay remuneration to a person providing labor (worker) as a party to an employment contract. However, the Labor Standards Act defines it as 'the employer, a person in charge of business management, or any other person acting on behalf of the employer in matters concerning workers' (Article 15 of the Labor Standards Act). Therefore, it refers to all persons who have the authority to direct and command matters concerning workers within the internal organization, not only the corporation itself in individual businesses, companies, or other corporate organizations, but also the president, factory manager, branch manager, etc. On the other hand, the Trade Union and Labor Relations Adjustment Act defines the employer as 'the business owner, a person in charge of business management, or a person acting on behalf of the business owner in matters concerning the workers of that business' (Article 2, Paragraph 2 of the Trade Union and Labor Relations Adjustment Act), and here it particularly carries the meaning of a subject of unfair labor practices. However, since the concept of an employer under labor law is extremely broad, there are cases where a person is in the position of an employer overlappingly even though they are a worker under the employment contract. For example, middle management in a company is an 'employer' as a representative of the interests of the employer under the Trade Union Act or Labor Standards Act, but in relation to the business owner or management, they are employed for wages and are in a subordinate relationship receiving their directions and commands, so the application of the Labor Standards Act is not excluded.

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