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THE SOCIALIST LABOR LAW OF THE DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA
 
(Promulgated by the Administrative Council on __, __ 1994)
     
     
SUBJECT : LABOR AND EMPLOYMENT
ISSUING DEPARTMENT : ADMINISTRATIVE COUNCIL
ISSUE DATE : __/__/1994
IMPLEMENT DATE : __/__/1994
LENGTH : 4425 words
TEXT :
CHAPTER I

THE FUNDAMENTAL PRINCIPLES OF SOCIALIST LABOUR

Article 1. Labour under socialism is an independent and creative labour by the working people who have been emancipated from exploitation and oppression.
In the Democratic People¡¯s Republic of Korea the working people work with enthusiasm and creative initiative for the prosperity of the fatherland, for the well being of the people and for their own welfare.

Article 2. Labour is the source of all material and cultural wealth and a powerful means of transforming nature, society, and man.
Socialism and communism are built by the creative labour of millions of working people.
In the Democratic People¡¯s Republic of Korea labour takes on the most noble and honourable nature.

Article 3. Under Socialism, labour is carried out collectively by the working people for the common goals and interests.
The working people in the Democratic People¡¯s Republic of Korea work together, assisting and leading each other forward on the collectivist principle of ¡°One for all and all for one¡±.

Article 4. Under Socialism, every citizen is in duty bound to participate in labour.
All able-bodied citizens in the Democratic People¡¯s Republic of Korea take part in social labour according to their abilities.

Article 5. Under Socialism all working people have the right to work.
In the Democratic People¡¯s Republic of Korea unemployment has been eliminated for all time.
All working people choose their occupations according to their wishes and talents and are provided with secure jobs and working conditions by the State.

Article 6. Under socialism labour is based on the high awareness of the working people who are the masters of the country and society, the masters of the revolution and construction.
The State strengthens the ideological revolution to equip the working people firmly with the Juche idea of the Workers¡¯ Party of Korea and to foster the attitude of a master in their behaviour towards labour.

Article 7. To eliminate the basic differences between various kinds of work, and make labour a pleasant affair and a vital need of the working people, is an indispensable requirement of the building of socialism and communism.
The State promotes the technical revolution and thus obliterates the differences between heavy and light labour and between agricultural and industrial labour, frees the working people from arduous toil, and gradually decreases the gap between physical and mental labour.

Article 8. Raising the cultural and technical levels of the working people as a whole is a sure guarantee for accelerating the building of socialism and training the working people to be competent builders of socialism and communism.
The State provides every condition for all the working people to study while working, through the medium of the advanced educational system and popular educational policy.

Article 9. To increase labour productivity constantly and develop production speedily are legal requirements for the building of socialism and communism.
The State ensures the steady growth of labour productivity and the rapid development of production by accelerating the ideological, technical and cultural revolutions, widening and developing the Chollima Movement, giving priority to political work and organizing economic work skillfully.

Article 10. Labour under socialism is social labour performed under the unitary socialist economic system.
In accordance with the policy of unified and detailed planning, the State organizes social labour in a planned and efficient way in all areas of the national economy.

Article 11. In the Democratic People¡¯s Republic of Korea all the material and cultural wealth created by labour is used entirely for the prosperity and development of the country and the improvement of the working people¡¯s well-being.
The State applies the socialist principle of distribution correctly, according to the quantity and quality of work done and constantly improves working people¡¯s material and cultural standards.

Article 12. To combine work with recreation properly and to protect the working people in their work are an inherent requirement of the socialist system which values man above all.
The State guarantees sufficient rest for the working people so that they can restore the energy used in their work and protects their lives and health through universal free medical care and advanced labour protection systems.

Article 13. The socialist labour policy of the Democratic People¡¯s Republic of Korea is a precious revolutionary gain won by the struggle to introduce the revolutionary labour programme formulated in the days of the glorious anti-Japanese revolutionary struggle and to carry out the democratic and socialist revolutions.
The State works to develop the socialist labour policy further and to implement the popular and democratic labour policy nationwide.


Chapter 2

LABOUR IS THE NOBLE DUTY OF EVERY CITIZEN

Article 14. The working people of the Democratic People¡¯s Republic of Korea are revolutionaries fighting to bring about the communist ideal.
It is an honour and the most sacred duty of the citizen to love labour and to take part in it conscientiously.
Every citizen must participate voluntarily in the worthwhile labour for socialist and communist construction.

Article 15. In the Democratic People¡¯s Republic of Korea the minimum working age is 16.
Labour by children under the working age is prohibited by the State.

Article 16. The working day is eight hours.
According to the difficulties and special conditions of some forms of labour, the State may set the working day at seven or six hours.
The working day of a woman worker with three children or more is six hours.

Article 17. The working people must revolutionize and working-classize themselves through labour and work in a way which is worthy of masters by maintaining the communist attitude towards labour and showing a high degree of the revolutionary spirit of self reliance.

Article 18. The labour discipline of socialism is a conscious discipline and the scrupulous maintenance of this discipline is the bounden duty of the working people.
The working people must strictly maintain the labour discipline of socialism and observe the stated working hours; they are not allowed to leave their workplaces freely without going through due formalities.

Article 19. It is an essential duty of the socialist working people to develo0p the technical revolution with all their energy.
The working people must continuously create new norms and produce and build more within the unit hour by raising their technical and skill levels and taking an active part in the technical innovation movement.

Article 20. With a great pride in and a high sense of responsibility for their work, the working people should use all their wisdom and energies and overfulfill their daily, monthly, an quarterly plans without fail by tapping all reserves and possibilities.

Article 21. The working people must be diligent and constantly improve the quality of their products by keeping strictly to the technical regulations and the standard processes of operation in production and construction.

Article 22. The working people must prize and care for their machinery and equipment, increase the rate of use of the equipment, and save raw materials and other supplies to the utmost.

Article 23. The working people must keep their workplaces neat and hygienically clean, guard them with vigilance, and strictly observe the labour protections law and regulations to prevent accidents.

Article 24. In the Democratic People¡¯s Republic of Korea the position of citizen is determined by whether he works conscientiously or not. A model worker enjoys the love and high respect of the people.
Those who work as masters and perform great labour feats in socialist construction are awarded State decorations, such as the title of Labour Hero and other titles of honour.

Chapter 3

THE SOCIALIST ORGANIZATION OF LABOUR

Article 25. The rational organization of social labour is an important guarantee for making the best use of all the country¡¯s manpower resources and allowing full scope for the creative enthusiasm and talents of the working people to ensure a continuous high growth of production.
The State explores and uses all manpower resources in town and country in a coordinated way.

Article 26. The State fully meets the requirements of the Taean work system in the organization of social labour.
Factories, enterprises and social cooperative organizations must convert labour administration work into work with people, follow the mass line in the organization of labour, and make a scientific and rational use of manpower.

Article 27. Labour planning is the basis for the proper organization of work and the effective use of manpower resources.
The State draws up and carries out realistic and dynamic labour plans which dovetail the country¡¯s sources of labour with the demand for manpower down to the last detail.

Article 28. The State adheres firmly to the principle of maintaining the balance of manpower between industry and agriculture, between the productive and nonproductive branches, and between the basic and auxiliary productive branches.
The State organs, including labour administration offices, enterprises and social cooperative organizations must distribute manpower on the principle of deciding on the number of workers in the non-productive branches in keeping with the country¡¯s level of economic development while giving priority to its growth in the productive branches; and they should steadily increase the proportion of manpower in the branches immediately concerned with production.

Article 29. The State taps the country¡¯s sources of labour and fosters labour reserves systematically to meet the manpower needs of the nationally economy in a planned way.
The economic institutions and labour administration offices at all levels should frame their plans for replenishing an regulating manpower in accordance with the requirements of the State¡¯s economic policy and thus promptly meet the demands for manpower envisaged in the plan for the development of the national economy and regulate and distribute manpower properly to different economic branches and areas.

Article 30. The State institutions, enterprises and social cooperative organizations must appoint workers correctly in accordance with their sex, age, physical constitution, their wishes and their technical and skill levels so that the working people can give full rein to their creative wisdom and abilities.

Article 31. The State provides all conditions for women who take part in social labour.
The local government bodies and the relevant State organs, enterprises and social cooperative organizations must develop nurseries, kindergartens, children¡¯s wards and public service facilities for the convenience of working women, and organize home industry work teams and home cooperative so that women who do not go out to work may join them if they wish.

Article 32. Factories, enterprises and social cooperative organizations must eliminate the waste of labour and enable their workers to make full use of the 480 minutes of daily working time by organizing work properly in conformity with the specific character of the production processes, the level of technical equipment and the working conditions, thoroughly establishing order in labour management and providing full working conditions for them.

Article 33. In organizing the life of the working people the State thoroughly observes the principle of eight hours of work, eight hours of rest, and eight hours of study.
The State institutions should combine work, rest and study properly and thus regularize the labour of the working people, make their study a day-to-day affair, and ensure that they have proper rest.

Article 34. When there is a temporary surplus of manpower due to unavoidable circumstances, the State institutions and enterprises must take prompt steps to use it temporarily for helping other factories, enterprises and cooperative farms in their productive work.
They are not allowed to dismiss workers at will just because there is a temporary surplus of manpower.

Article 35. It is strictly forbidden to mobilize the workers of factories, enterprises and cooperative farms freely for other work.
The productive workers of factories and enterprises must not be mobilized for other work without the approval of the State.
In the busy farming season no one is allowed to mobilize farmers for work which is not connected with farming.

Article 36. The management personnel of factories, enterprises and cooperative farms are in duty bound to take part in productive labour for a period prescribed by law.


CHAPTER 4

SOCIALIST DISTRIBUTION BY THE WORK ACCOMPLISHED

Article 37. Distribution by the quantity and quality of work done is an economic law of socialism; and distribution by accomplished work is an effective means of raising the working people¡¯s enthusiasm for production and their technical and skill levels and stimulating the development of the productive forces.
The State carries out the socialist principle of distribution thoroughly according to the quantity and quality of work done while steadily raising the working people¡¯s political and ideological consciousness.
Irrespective of their sex, age, and race, the working people receive equal remuneration for equal work.

Article 38. The State fixes the pay scale on the principle that the working people need to restore the physical and mental energies expended in work and that it guarantees their living conditions.
The State institutions, enterprises and social cooperative organizations should give pay to the workers, office employees and cooperative members according to the pay scale and the principle of payment stipulated by the State.

Article 39. The basic forms of pay which are applies to the workers, office employees and cooperative members are piece payment and fixed payment, and the forms of additionally pay are extra allowances and bonuses.
The State institutions, enterprises and social cooperative organizations must apply different forms of payment correctly so as to boost the working people¡¯s enthusiasm for production and to allow them to give free rein to their creative ability.

Article 40. The State allocates pay funds to factories and enterprises on the basis of correct assessment of the fulfillment of their production plans in indices of goods and their cost plans according to the business-accounting principle.
Factories and enterprises must grant bonuses to model workers on the basis of a correct assessment of the fulfillment of their production assignments, the quality of their products, the utilization of the equipment and materials, and so on.

Article 41. The work norm is the gauge for evaluating the results of work, and the correct fixing of work norms is an important condition for proper application of the socialist principle of distribution.
The State maintains the mass line firmly in the work of fixing work norms and implements the principle of determining them on the basis of correctly reckoning with the working people¡¯s level of ideological consciousness, their technical qualifications, the latest achievements of science and technology, and so on.

Article 42. In each national economic branch the State builds up a model factory where enterprise management has been regularized and standardized and production normalized in keeping with the requirements of the Taean work system and fixes national standards of work norms on the basis of the data obtained there.
The State institutions, enterprises and social cooperative organizations must set accurate and progressive work norms in accordance with the national standards to suit the changing situation and specific conditions, apply them correctly and renew them constantly.

Article 43. The daily work-points are the gauge by which to evaluate the results of labour of farmers and workers serving the cooperative farms and to fix the size of their shares.
Cooperative farms must assess the daily work-points correctly and regularly make them known to the public, and allot shares properly to their farmers and the workers in their service according to their work-points.

Article 44. The sub-workteam management system and workteam premium system are an important guarantee for educating the agricultural workers in the collectivist spirit and implementing the socialist principle of distribution evenly.
The agricultural guidance organs and cooperative farms should introduce the sub-workteam management system and the workteam premium system and thus assess the daily work-points correctly and make additional remuneration for work properly.

Article 45. The State maintains the principle of rationally readjusting the balance of pays between the workers and office employees in all branches with the development of industry and agriculture and the growth of labour productivity, of raising the incomes of the farmers in different areas equally, and of improving the general living standards of the workers, office employees and farmers proportionately.


Chapter 5

LABOUR AND THE TECHNICAL REVOLUTION; IMPROVEMENT OF THE WORKING PEOPLE¡¯S TECHNICAL SKILL

Article 46. The main task of the technical revolution is to eliminate the basic differences in labour and free the working people from arduous work.
The State even endeavours to free the working people, now rid of exploitation and oppression, from the restraints of nature and to ensure them complete equality in labour, by advancing the technical revolution to a new, higher stage on the basis of the successes achieved in socialist industrialization.

Article 47. The State removes the difference between heavy and light labour, and eliminates labour under heat-affected and harmful conditions, by introducing mechanization, semi-automation and automation on a full scale in various fields of the national economy including industry.

Article 48. The State further consolidates the successes achieved in the irrigation and electrification of agriculture and brings the wider use of chemicals and comprehensive mechanization to early completion through vigorous promotion of the rural technical revolution, thereby achieving the industrialization and modernization of farming and eliminating the differences between agricultural and industrial labour.

Article 49. The scientists, technicians and producers must expand the technical innovation movement on a mass scale by strengthening their creative cooperation.
The State institutions, enterprises and social cooperative organizations must give a great incentive to the movement for creative ideas and reorganization and must introduce new ideas and rationalization devices into production without delay.
The State confers benefits on inventors, originators of new ideas and production innovators who have made a great contribution to the development of the national economy, and grants technical certificates to them.

Article 50. The State trains all the working people to be competent personnel equipped with the latest achievements of science and technology, with a good knowledge of modern machines and equipment and capable of managing the national economy skillfully. This is done through the regular educational system and different forms of studying while working, such as factory and farm colleges, factory and farm higher specialized schools, evening schools and correspondence courses.

Article 51. The State institutions, enterprises and social cooperative organizations must establish proper systems for learning technical skills and for passing on these skills to raise the working people¡¯s technical and skill levels steadily and to assist all of them to acquire more than one kind of modern technique and become proficient in working with their machines and equipment as well as in the techniques of their individual branches of work.

Article 52. The State enforces the system of examinations for engineers¡¯ grades and for technical skill rating in order to improve the working people¡¯s technical qualifications.
The State¡¯s scientific and technical institutions and labour administration offices must organize these examinations regularly.


Chapter 6

LABOUR PROTECTION

Article 53. Good labour protection is an important condition for providing the working people with free, safe and better refined and hygienic conditions for work, and for protecting their lives and promoting their health.
The State implements the policy of giving priority to labour protection in production.

Article 54. The State institutions, enterprises and social cooperative organizations must set up a system of education in work safety for the working people to understand the policy of labour protection and acquire technical knowledge on labour safety, thus making them regard the work of labour protection as something which concerns them personally.
No one is allowed to put people to work before instructing them about the labour protection policy and giving them technical knowledge on labour safety in that particular branch of work.

Article 55. Providing the working people with safe, tidy, and hygienically clean conditions for work is the foremost task of all State institutions, enterprises and social cooperative organizations.
They must provide work safety facilities and create industrial hygienic conditions to counter high temperatures, gas and dust, provide good lighting, illumination and ventilation; and constantly improve and perfect them to prevent accidents at work and occupational diseases and to enable everyone to work in safe, tidy and hygienically clean workplaces.

Article 56. The State institutions, enterprises and social cooperative organizations must carry out comprehensive checks on work safety conditions before organizing production and work, and must immediately eliminate anything which is dangerous to the lives or detrimental to the health of the workers.
If there is danger of an accident occurring in any production process, production must be stopped immediately; it should only be resumed after the danger has been removed.

Article 57. Construction and designing establishments and relevant State institutions and enterprises must fully provide the working people with conditions for work safety in building factories, enterprises, buildings, structures and in manufacturing machines and equipment.
The factories, enterprises, buildings and structures which have recently been built, enlarged and repaired, and newly-made machines and equipment must not be commissioned or put into operation before the relevant inspecting and controlling organs have inspected them and given permission for them to operate.

Article 58. The State institutions, enterprises and social cooperative organizations must organize regular medical examinations for the protection of the working people¡¯s health and take prompt measures to maintain it.

Article 59. The State pays special attention to the work safety of working women.
The State institutions, enterprises and social cooperative organizations must provide suitable labour protection arrangements and sanitary facilities for working women.
It is not permitted to assign arduous and harmful labour to women, and to put pregnant women or nursing mothers on the night shifts.

Article 60. The State provides the working people with labour protection equipment and supplies them free with working necessities and additional nutriments.
While at work, the working people must always use the specified labour protection equipment and working necessities, and must not use labour protections supplies wastefully.

Article 61. The State institutions, enterprises and social cooperative organizations should introduce strict system and order in production, and lay down standard processes of operation and labour protection regulations, ensuring that all officials and working people observe them strictly.
The State must exercise strict control so that labour protection is not carried out in such an irresponsible way that it endangers the protection of the working people¡¯s lives and the promotion of their health.

Chapter 7

LABOUR AND RECREATION

Article 62. The working people have the right to rest.
The State guarantees the working people the full right to rest through the eight-hour day, paid leave, accommodation in health resorts and holiday homes at State expense, a steady increase in cultural facilities, and similar provisions.

Article 63. The working people rest when the day is over.
Economic establishments and enterprises are not allowed to make them work overtime.

Article 64. The working people have one day off each week.
The gala days set down by the State and Sundays are holidays.
If the State institutions, enterprises, and social cooperative organizations make people work on a holiday due to unavoidable circumstances, they must give them a day off without fail within the following week.

Article 65. The workers, office employees and cooperative farmers have a fortnight¡¯s regular holiday every year and, in some kinds of trades, an additional holiday of from 7 to 21 days may be granted.

Article 66. In addition to the regular and additional holidays, working women are entitled to maternity leave, 35 days before and 42 days after childbirth, irrespective of the length of their service.

Article 67. The State extends the networks of health resorts and holiday homes in many ways, modernizes their facilities and organizes sightseeing and exploration of scenic beauties widely in order to meet the growing needs of the working people for cultural recreation.
The State institutions and enterprises concerned should manage their health resorts efficiently so as to enable the working people to have sufficient rest while working.

Chapter 8

STATE AND SOCIAL BENEFITS FOR THE WORKING PEOPLE

Article 68. The State regards it as the supreme principle of its activities to assume responsibility for the livelihood of all the working people and to raise their material and cultural standards steadily.
Besides remuneration for their work, the working people receive a number of additional benefits from the State and society.

Article 69. The State provides functional modern houses and hostels for the working people.
The State builds modern rural houses at its expense and offers them free for the use of cooperative farmers.

Article 70. The State supplies the workers and office employees and their dependents with provisions at low prices.

Article 71. The State raises the children of the working people in modernly-furnished nurseries and kindergartens at State and public expense.

Article 72. The State gives compulsory education to the children of the working people who are under working age and provides them with free education in schools of all levels up to university.
All pupils and students are supplied with uniforms and school-books at low prices by the State, and the students of colleges and universities receive allowances.

Article 73. The State grants subsidies to those working people who are temporarily disabled by labour accidents, disease or injury under the State social insurance system and, if the period of the disability extends beyond six months, gives them disability pensions under the State social security system.

Article 74. The State grants old-age pensions to working men of 60 and working women of 55 when they have completed a given length of service.

Article 75. When people who have given distinguished service to the State by performing great feats in their work and social and political activities are disabled or die, the State grants special benefits to them and their families.

Article 76. The State and social cooperative organizations give the workers, office employees and cooperative farmers average pays or give them average work-points during the regular and additional holidays, and pay temporary subsidies or give average work-points during maternity leave.

Article 77. When working people are killed in labour accidents, or die from disease or injury, the State grants bereaved family pensions to their dependants and takes charge of the orphans who have lost their means of support.

Article 78. The State looks after incapable old people and cripples who have no other means of support free of charge in the homes for the aged and sanatoria.

Article 79. The State gives medical aid to all working people under the system of free medical care.
The workers, office employees, cooperative farmers and their dependants receive all kinds of medical care, such as treatment, accommodation in sanatoria, preventive aid and midwifery, free of charge.

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