Employment law in North Korea
Employment law in North Korea is highly influenced by the country's socialist and state-controlled system. The laws governing employment and labor relations in North Korea are unique and differ significantly from those in many capitalist nations. They are based on the principles of Marxism-Leninism and Juche, the state ideology developed by Kim Il-sung, the country's founding leader. The government exercises extensive control over the economy, employment, and working conditions.
Here’s an overview of employment law in North Korea:
1. Labor Laws and Regulations
The Constitution and Labor Code: The North Korean Constitution and the Labor Code (adopted in 1992 and revised periodically) outline the rights and duties of workers and employers in North Korea. However, these laws are designed to reflect the state’s dominance over employment practices, and the regime tightly controls economic and industrial activities.
The Labor Code guarantees the right to work for all citizens, and employment is generally considered a state duty rather than a market-driven activity.
2. Employment Contracts
State Allocation of Jobs: In North Korea, employment is primarily organized by the state, and people are assigned to jobs rather than freely choosing careers. The government is responsible for directing labor to various sectors, including agriculture, industry, education, and healthcare.
Workplace Assignment: North Korean citizens are assigned to jobs by government authorities, and individuals do not have the same level of freedom of choice in terms of career or employment opportunities as in many other countries. The state determines the distribution of labor to meet the needs of the economy.
3. Wages and Salary
State-Controlled Wages: Wages in North Korea are determined by the government and are generally quite low. The wage system is centrally controlled, with workers receiving a salary based on their position and job type rather than market forces.
Basic Wages: The average income in North Korea is typically very low compared to global standards, with most workers receiving basic wages that cover only essential needs. Wages are often insufficient to meet all personal or family expenses, so workers may rely on informal markets or remittances.
Incentive System: Despite the centrally controlled wage system, there may be additional benefits for performance, particularly in state-owned enterprises or industries that the government prioritizes.
4. Working Hours and Rest Periods
Standard Working Hours: The standard workweek in North Korea is usually 44 hours (eight hours per day, six days a week), similar to many socialist systems.
Workplace Conditions: In certain sectors, especially those related to heavy industry or agriculture, working conditions can be difficult, with long hours and tough physical labor. Labor unions, though state-controlled, may represent workers’ interests in these environments.
Rest Periods: Workers are typically entitled to one day off per week, often on Sundays, though this may vary depending on the industry and state needs.
5. Labor Rights and Protection
State-Supported Rights: North Korea’s labor laws guarantee certain rights, such as the right to work, job security, and social benefits. However, workers' rights are generally subordinate to the state's economic and political goals.
Job Security: Once assigned to a job, workers typically have a high degree of job security unless they are found guilty of violating the state’s policies or failing to meet work quotas.
Unionization: There are state-approved labor unions in North Korea, but they function primarily to implement government policies rather than protect workers' rights in the way independent unions do in other countries. These unions help enforce discipline, political loyalty, and compliance with state directives.
6. Discrimination and Equal Treatment
State Ideology: Employment practices are supposed to be based on the principles of equality, with all citizens having the same access to employment opportunities, regardless of gender, social background, or ethnicity. However, in practice, loyalty to the state and the ruling Kim family is of paramount importance. Discrimination in employment can occur based on political loyalty, family background, or class status.
Political Loyalty: Workers are expected to demonstrate unwavering loyalty to the regime, and failure to do so can result in dismissal, punishment, or even imprisonment.
Gender: Both men and women are expected to participate in the workforce, and women are encouraged to take roles in key sectors. However, like many other aspects of North Korean society, there is a strong focus on ideological conformity, with limited opportunities for individual advancement or mobility.
7. Health and Safety
Workplace Safety: The Health and Safety at Work Act and similar regulations are designed to ensure that workers are protected from accidents and injuries. However, enforcement of these laws is limited, and workplace safety can vary widely, especially in high-risk industries like mining or construction.
Lack of Enforcement: Due to the state-controlled economy and centralization of labor, there are concerns about the enforcement of health and safety standards, particularly in industrial sectors where labor conditions may be harsh.
8. Social Security and Benefits
Social Security System: North Korea has a state-controlled social security system that provides for certain benefits, including healthcare, pensions, and support in case of disability or death. However, the system is primarily designed to support the state’s political objectives and may be less comprehensive than social security systems in more developed countries.
Healthcare: Healthcare is provided by the state and is free for workers, but the quality of care can vary.
Pension System: There is a state pension system for those who work, though it is minimal compared to systems in other countries.
9. Termination of Employment
Dismissal: Employees in North Korea can be dismissed for a variety of reasons, including failure to meet work quotas, misconduct, or disloyalty to the regime. Political dissent is a particularly serious offense and can result in imprisonment or other severe punishments.
Redundancy and Resignation: In most cases, employees are not free to resign or leave their jobs. The state determines where people work, and they may be reassigned or disciplined if they are found to be uncooperative or non-compliant.
10. Labor in Special Economic Zones
Special Economic Zones (SEZs): North Korea has created Special Economic Zones where foreign investment is allowed, and labor practices may be more relaxed compared to the rest of the country. However, even in these zones, the government maintains tight control over employment, and wages and conditions may be poor, especially for North Korean workers.
11. Child Labor
Underage Labor: The state strongly encourages children to attend state-run schools and participate in youth organizations. However, older children and young adults may be required to work in state industries or contribute to national labor projects, often in ways that are not considered "child labor" by the government.
12. Foreign Workers
Foreign Labor: North Korea occasionally allows foreign workers, particularly from China and Russia, to come into the country for specific industrial projects. These workers are often employed in state-controlled facilities, and their treatment is closely monitored by the government.
Foreign workers typically face difficult conditions, low wages, and limited freedoms.
Conclusion
Employment law in North Korea is shaped by the country’s socialist and totalitarian system. Employment practices are largely controlled by the state, and citizens are assigned jobs by government authorities. Wages are low, and working conditions in some sectors are harsh, with limited labor rights and protections for workers. Loyalty to the regime is of utmost importance, and political dissent or disloyalty can lead to serious consequences.
Due to the closed nature of the country and the lack of independent labor organizations, it is difficult to obtain detailed and up-to-date information about working conditions and employment laws in North Korea. Nevertheless, it is clear that employment in North Korea is fundamentally different from that in countries with more liberalized market economies, and it is deeply intertwined with the country’s political and economic systems.
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