Korea (Democratic People’s Republic of) - 2012

Freedom of association / Right to organize

Principles

Freedom of association :

• >The right to freedom of association is enshrined in the Constitution.

• >The right to freedom of association is recognized by law but strictly regulated.

Article 67 of the Constitution of North Korea provides that "citizens are guaranteed freedom of speech, of the press, of assembly, demonstration and association." Article 21 of North Korea's Foreign Enterprise Law states that "[e]mployees working for foreign enterprises can form trade unions. Trade unions protect the rights and interests of the employees under the Republic's labour law and conclude a contract concerning working conditions with [a] foreign enterprise and supervise their implementation. Foreign enterprises must guarantee conditions for trade union activities."

Anti-Union discrimination:

• >The law does not specifically protect workers from anti-union discrimination.

The North Korea's Foreign Enterprise Law contains no provisions to protect workers from employer retaliation against those who might exercise the right to form a union, nor does it penalise employers who interfere in union matters.

Restrictions

Categories of workers prohibited or limited in law from forming or joining a union, or from holding a union office:

>Others categories

A special law was passed for the Kaesong Industrial Complex, which opened in June 2004.There are no provisions in the law that guarantee freedom of association or the right to collective bargaining, and there is no protection in the law for workers who raise complaints.

Right to collective bargaining

Principles

Right to collective bargaining:

• >The right to collective bargaining is not protected in law.

The North Korea's Foreign Enterprise Law fails to provide any basis to guarantee the right to collective bargaining.

Right to strike

Principles

Right to strike:

• >The right to strike is prohibited.

Article 30 of the Constitution says that "the State shall organise labour effectively, strengthen labour rules and fully utilise labour's working hours". Furthermore, Article 83 of the Constitution stipulates that all citizens of working age must work in full compliance with work discipline and working hours. The penal code states that anyone failing to carry out an assigned task properly shall be subject to at least five years in prison. It also provides for the death penalty for any individual who hinders the nation's industry, trade or transport system, by intentionally failing to fulfil a specific duty "even though he or she claims to be working normally".