Labour Protection Law of the Democratic People’s Republic of Korea (2014)
AGLC4 | 로동보호법 2014 [Labour Protection Law of the Democratic People's Republic of Korea (2014)] [tr Daye Gang].
Bluebook | Lodongbohobeob 2014 [Labour Protection Law of the Democratic People's Republic of Korea (2014)] translated in Law and North Korea by Daye Gang, https://www.lawandnorthkorea.com/.
Adopted on July 8, Juche 99 (2010), as Directive No. 945 of the Presidium of the Supreme People’s Assembly
CHAPTER I. BASICS OF LABOUR PROTECTION LAW
Article 1 (Objectives of Labour Protection Law)
The Labour Protection Law of the Democratic People’s Republic of Korea shall strictly adopt systems and order in labour protection work to guarantee working conditions to workers in a safe and culturally hygienic manner, and serve to actively protect and promote their lives and health.
Article 2 (Principle of consolidating and developing results of the labour protection sector)
In the Democratic People’s Republic of Korea has been arranged the most people-oriented labour protection system relying upon the correct labour protection policy of the State. The State shall further consolidate and develop results accomplished in the labour protection sector.
Article 3 (Basic principles of labour protection)
The State fully taking responsibility for and looking after the lives and health of workers is a fundamental character requirement of a socialist system. The State shall ensure that the benefits of labour protection are correctly allocated to workers, and shall ensure that they can work as much as they like in safer and more culturally hygienic conditions as healthy persons.
Article 4 (Principle of prioritising labour protection work)
The State shall resolutely adhere to the principle of labour protection work taking precedence before production and construction.
Article 5 (Principle of nationwide, all-societal labour protection work)
Labour protection work is work of the whole of the State and the whole of society. The State shall strengthen publicity and education for labour protection work so that institutions, enterprises, organizations and citizens actively participate in this work.
Article 6 (Principle of investment in the labour protection sector)
The State shall systematically increase investment in the labour protection sector to sufficiently have and modernize their material and technical means.
Article 7 (Principle of scientific research and training technical workers)
The State shall strengthen scientific research in the labour protection sector and shall train the required technical experts so that they have good prospects.
Article 8 (Exchange and cooperation in the labour protection field)
The State shall develop exchange and cooperation with other countries and international organizations in the labour protection field.
CHAPTER II. LABOUR SAFETY EDUCATION
Article 9 (Establishment of a labour safety education system)
Strengthening labour safety education work is a prerequisite condition so that workers do not experience labour disasters and damage to health during the labour process. Institutions, enterprises and organizations shall correctly adopt a labour safety education system and must normally conduct labour safety education work for workers.
Article 10 (Subjects and period for labour safety education)
Institutions, enterprises and organizations shall correctly determine subjects and periods for labour safety education and must organize labour safety education work in a planned way according to the workers’ occupations, subjects of their work, and working conditions. The work of determining the subjects and period of labour safety education shall be done by the central labour administration guidance institution.
Article 11 (Labour safety education method)
Institutions, enterprises and organizations shall solidly conduct labour safety education using different forms and methods so that workers correctly know things like the labour protection policy of the State, technical knowledge on labour safety, labour safety regulations, labour safety operations laws, and labour hygiene knowledge. Workers who have not received labour safety education may not be put to work.
Article 12 (Adherence to principles on labour safety education)
Institutions, enterprises and organizations must abide by the following principles on labour safety education.
1. According to the occupation, workers newly starting their work shall be put to work after providing labour safety education for 5 to 20 days, and workers changing their occupation shall be put to work after providing labour safety education for 2 to 5 days.
2. Labour safety education must be provided every time work is organized or the subject of the work and working conditions change.
3. The degree of awareness related to labour safety shall be investigated, and workers must only be put to work in cases where they have passed.
4. Workers receiving labour safety education or doing practical training for that work must not be put to other work.
5. They shall correctly make a labour safety education process plan and implement it.
Article 13 (Operation of labour safety education room)
Institutions, enterprises and organizations shall well manage and normally operate a labour safety education room. The labour safety education room must have sufficient materials required for workers’ labour safety education.
Article 14 (Labour safety re-education)
Institutions, enterprises and organizations shall adopt a labour safety re-education system and must regularly conduct labour safety re-education for workers.
Article 15 (Labour safety education)
Given education and training institutions shall determine labour safety engineering and labour protection studies to be compulsory subjects, and must strengthen education about them.
CHAPTER III. GUARANTEE OF LABOUR PROTECTION CONDITIONS
Article 16 (Basic requirements for guaranteeing labour protection conditions)
The guarantee of conditions for labour protection is important work to arrange safe and culturally hygienic working conditions for workers. Institutions, enterprises and organizations must preferentially assure labour protection conditions for workers.
Article 17 (Installation of labour safety facilities)
Institutions, enterprises and organizations must have labour safety facilities to prevent accidents, such as safety equipment, protection equipment, and signage. Workers may not be put to work without having labour safety facilities.
Article 18 (Inspection and maintenance of labour safety facilities)
Institutions, enterprises and organizations shall regularly conduct inspection and maintenance for labour safety facilities and must service defective labour safety facilities in time.
Article 19 (Guarantee of proper operations, prohibition of disassembly of labour safety facilities)
Institutions, enterprises and organizations must assure the proper operation of labour safety facilities. Installed labour safety facilities may not be disassembled without the approval of the labour administration institutions and given supervision and control institution.
Article 20 (Guarantee of labour hygiene conditions)
Institutions, enterprises and organizations shall prevent damage due to high temperature, gas, dust, noise pollution, vibration, moisture, radiation, and viruses, and must assure things such as lighting, spotlights, ventilation, and heating conditions in conformity with hygienic requirements. Workers may not be put to work in places where high temperatures or harmful substances exceed designated limits.
Article 21 (Amenities guarantee)
Given institutions, enterprises and organizations must hold and normally operate amenities including dormitories, restaurants, washrooms, barbershops, lounges, creches, and kindergartens.
Article 22 (Health examinations and treatment)
Public health institutions shall rationally place hospitals or clinics in institutions, enterprises and organizations, and must responsibly do health examinations and preventative treatment work for workers. Institutions, enterprises and organizations where the danger of labour disasters is especially large must compulsorily have hospitals or clinics.
Article 23 (Change of occupations)
Labour administration institutions, institutions, enterprises, and organizations shall place workers who can no longer work in a given occupation due to occupational illness into suitable occupations in time.
Article 24 (Guarantee of labour protection conditions for female workers)
Institutions, enterprises and organizations shall put pregnant female workers to easy work until they enter maternity leave, and must assure breastfeeding time periods for female workers who have breastfeeding children.
Article 25 (Construction of production buildings and facilities)
In cases where design institutions, institutions, enterprises, and organizations construct production buildings or facilities, they must ensure that labour protection conditions, such as labour safety and labour hygiene, are sufficiently held. Buildings and facilities must take into consideration the harmful substances that could occur from them to neighbouring districts and must place them rationally.
Article 26 (Measure and inspection of labour safety facilities, labour hygiene conditions)
Institutions, enterprises and organizations must normally conduct measures and inspections of labour safety facilities and labour hygiene conditions, and must eradicate deficiencies in time. Measurement facilities and inspection equipment for labour safety facilities and labour hygiene conditions shall be normally certified and may only be used under condition that they have passed.
CHAPTER IV. SUPPLY OF LABOUR PROTECTION SUPPLIES
Article 27 (Basic requirements of supplying labour protection supplies)
Labour protection supplies shall be supplied to workers that do harmful labour, high-temperature labour, or heavy labour. Labour protection supplies shall include things such as essential work equipment according to the subject and nature of the work, labour protection kits, nutritional supplements, cleaning products, and medicine.
Article 28 (Subjects and standards for supplying labour protection supplies)
Institutions, enterprises and organizations must supply the relevant labour protection supplies according to the subjects and standards for supplying as designated for workers. Researchers doing scientific research and practical training at the production site, practical training students, and people mobilized as necessary, shall also supply labour protection supplies according to the occupation. The work of determining the subjects and standards for supplying labour protection supplies shall be done by the central labour administration guidance institution with the approval of the Cabinet.
Article 29 (Production and supply plan for labour protection supplies)
State planning institutions and given institutions, enterprises and organizations must adopt a production and supply plan for labour protection supplies and must execute it without fail. Labour protection supplies must be produced and supplied before other supplies.
Article 30 (Supply and recovery of labour protection supplies)
Labour protection supplies shall be supplied for free or with consideration. In cases where labour protection supplies are to be supplied without cost, the things that were already being used must be recovered.
Article 31 (Storage and management of labour protection supplies)
Institutions, enterprises and organizations shall have storage facilities for labour protection supplies and shall ensure that labour protection supplies are not damaged or polluted. Damaged or polluted labour protection supplies must be repaired or substituted in time.
Article 32 (Supply of nutritional supplements, operation of nutritional supplements restaurant)
Institutions, enterprises and organizations must supply things such as nutritional supplements, protective medicine, and antidotes as designated to workers doing difficult and arduous labour or harmful labour. Nutritional supplements restaurants may be operated as necessary.
Article 33 (Supply of preferential supplies)
Workers who work in difficult and arduous sectors such as coal mines, mines, metals, forestry, marine products, and the geological prospecting sector shall be supplied preferential supplies such as garments, food, and stimulants. The work of determining the subjects or standards of supply of preferential supplies shall be done by the central labour administration guidance institution with the approval of the Cabinet.
Article 34 (Supply of uniforms)
Uniforms shall be supplied to workers in the railway transportation or the coal mining sector and in separately determined sectors. The work of determining the sectors, subjects, and supply standards for supplying uniforms shall be done by the Cabinet.
CHAPTER V. LABOUR AND REST
Article 35 (Basic requirements for guaranteeing labour and rest)
Correctly combining labour and rest is an important condition to raise the labour productivity of workers and sufficiently assure cultural and aesthetic standards. Institutions, enterprises and organizations shall form labour and rest organizations for workers and must ensure that they responsibly participate in labour with healthy bodies.
Article 36 (Working hours)
The daily working hours of workers shall be 8 hours. However, the daily working hours for workers working in physically arduous sectors and in special categories may be determined to be shorter than that. The work of determining working hours shall be done by the central labour administration guidance institution with the approval of the Cabinet.
Article 37 (Prohibition of overtime labour)
Institutions, enterprises and organizations must not cause workers to perform labour in excess of their designated working hours. In cases where overtime labour is sought because of inevitable circumstances, the approval of the given labour administration institutions must be received.
Article 38 (Labour of female workers)
Institutions, enterprises and organizations shall take into consideration the constitutional nature of female workers and must not require them to do arduous labour, or labour that is harmful to their health or danger. Female workers who have breastfeeding children or are pregnant may not be required to do night labour, overtime labour, or labour on days of rest, and may not expel them from institutions, enterprises or organizations without special reason. The work of determining occupations where female workers may not work shall be done by the central labour administration guidance institution with the approval of the Cabinet.
Article 39 (Guarantee of rest)
Institutions, enterprises and organizations must assure rest to workers on days of rest such as holidays instituted by the State and Sundays. In cases where they have been caused to work on days of rest due to inevitable circumstances, they shall be given compensatory time within a week.
Article 40 (Guarantee of leave)
Institutions, enterprises and organizations must give workers ordinary leave and supplementary leave to workers according to what has been decided. Female workers shall get maternity leave on top of ordinary leave and supplementary leave. Ordinary leave and supplementary leave may not be transferred over to the next year.
Article 41 (Organization of rest spots and vacation spots, guarantee of supplies)
The central labour administration guidance institution and institutions, enterprises and organizations shall manage rest spots and vacation spots in a modern way, and shall correctly adopt an administration and operation system so that workers regularly take rest in rest spots and vacation spots. Supplies required for rest spots and vacation spots must be normally and sufficiently assured by the given institutions, enterprises and organizations.
CHAPTER VI. ESTABLISHMENT OF STRICT DISCIPLINE IN LABOUR SAFETY
Article 42 (Basic requirements for establishing strict discipline in labour safety)
Strengthening strict discipline in labour safety is an important requirement of preventing labour disasters in advance and arranging safe working conditions. The central labour administration guidance institution and institutions, enterprises and organizations must strictly adopt strict discipline in labour safety.
Article 43 (Adherence to labour safety regulations and standard operation manuals)
Institutions, enterprises and organizations must make labour safety regulations and standard operation manuals, and must ensure that workers correctly abide by them.
Article 44 (Precedence of labour safety command)
Institutions, enterprises and organizations shall give a labour safety command before organizing work, and must have a review meeting on its state of implementation after the work ends. Work may not be organized counter to the requirements of labour safety regulations.
Article 45 (Confirmation of labour safety state before work)
Institutions, enterprises and organizations must confirm before work the safety state of the worksite, labour protection kits of workers, and whether workers are wearing essential work equipment. In cases where a defect has appeared, workers must be put to work after that thing is eradicated.
Article 46 (Eradication of dangerous sections)
In cases where a risk of accident occurs during the work process, institutions, enterprises and organizations, work shall immediately be suspended, and must continue to work after eradicating the dangerous section.
Article 47 (Order of shift work)
In cases where institutions, enterprises and organizations use shift work, they shall correctly confirm the state of labour safety and labour hygiene when handing over shifts. In cases where there is a defect in the labour safety and labour hygiene state, the shift must be handed over after eradicating that thing.
Article 48 (Equipment inspection, danger markers)
In cases where institutions, enterprises and organizations do equipment inspection, they must inspect labour safety facilities at the same time. They must place danger markers at dangerous work subjects and facilities.
Article 49 (Inspection of harmful worksites)
Harmful worksites shall be registered with the central labour administration guidance institution and must regularly receive the inspection of the authorities concerned. Workers may not be put to work at harmful worksites that have not been registered or that have not received an inspection.
Article 50 (Handling dangerous substances, use of heating and internal pressure facilities)
In cases where institutions, enterprises and organizations seek to handle explosive, toxic, or radioactive materials, or operate heat and internal pressure facilities, the approval of the authorities concerned must be received.
Article 51 (Placement of labour protection supervisors)
Institutions, enterprises and organizations must place labour protection supervisors and labour safety officers at the worksite. Work may not be conducted without placing labour protection supervisors and labour safety officers.
CHAPTER VII. RESCUE AND ACCIDENT REVIEWS FOR LABOUR DISASTERS
Article 52 (Basic requirements of rescue from labour disasters and accident reviews)
Rescue and accident reviews for labour disasters is important work to save the lives and property of people from labour disasters, explain the cause of the accident, and prevent further accidents. The central labour administration guidance institution and given institutions, enterprises and organizations must do labour disaster rescue and accident reviews in time.
Article 53 (Organization of rescue crew)
The authorities concerned must organize a full-time rescue crew in required areas or units for labour disaster rescues. Rescue crews may also be organized part-time.
Article 54 (Guarantees of facilities, tools, and materials)
Authorities concerned must responsibly assure the facilities and supplies required for labour disaster rescue work such as respirators, ventilators, oxygen, reagents, transportation methods, means of communications, and means of measurement.
Article 55 (Preparation for emergency mobilizations of rescue crews)
Authorities concerned must strengthen labour disaster rescue training for rescue crews and prepare them so they can be speedily mobilized at any time. The training process plan of rescue crews may not be breached.
Article 56 (Rescue work for labour disasters)
In cases where a labour disaster has occurred, the authorities concerned must immediately mobilize a rescue crew and put them to rescue work. In cases where the scale of the labour disaster that has occurred is large, a neighbouring rescue crew or rescue crew for the complex may be mobilized.
Article 57 (Prohibition on mobilizing rescue crews for other work)
Rescue crews and rescue facilities, tools, and materials may only be mobilized for work on rescues from labour disasters.
Article 58 (Guarantee of operating conditions for rescue work)
People’s safety institutions, railway transportation institutions, and given institutions, enterprises and organizations must responsibly assure the conditions required for there to be no interference to the operations of people mobilized, and transportation methods that have loaded facilities, tools, and materials, for work on rescues from labour disasters.
Article 59 (Notification for occurrence of labour disasters)
In cases where a labour disaster has occurred, public health institutions and given institutions, enterprises and organizations must notify that state in time to labour administration institutions and to people’s safety institutions.
Article 60 (Organization of non-standing accident prevention measures committee)
To prevent labour disasters and for accident reviews, the Cabinet shall have a non-standing accident prevention measures committee, and Ministries, central bodies, provinces (or municipalities directly under central authority), cities (or districts), counties, institutions, and enterprises shall have non-standing accident prevention measures committees.
Article 61 (Raising accident reviews)
Labour administration institutions must raise accident reviews with the given non-standing accident prevention measures committee related to labour disasters that have occurred.
Article 62 (Jurisdiction for accident reviews)
Accident reviews related to labour disasters shall be divided into the subject of deliberation of the central accident prevention measures committee, the subject of deliberation of a Ministry, central body, province (or municipality directly under central authority), city (or district) accident prevention measures committee, or the subject of deliberation of an institution or enterprise accident prevention measures committee according to the degree of gravity of the accident. As necessary, a higher level accident prevention measures committee may directly deliberate upon a subject for deliberation of an accident prevention measures committee at a lower level.
Article 63 (Content of accident reviews)
Issues to be considered in accident reviews related to labour disasters are as follows.
1. The date, time period, place, and form of the labour disaster that occurred
2. The motive and cause for the labour disaster occurring
3. The state of labour protection in the unit that where the labour disaster occurred
4. The human and property loss caused by the labour disaster
5. Causal responsibilities and handling issues
6. Victims of labour disasters and the issue of guaranteeing that family’s standard of life
7. Measures to prevent labour disasters
8. Other issues raised
Article 64 (Accident review status report)
When the accident review related to the labour disaster ends, that status must be reported to the authorities concerned.
CHAPTER VIII. GUIDANCE AND CONTROL FOR LABOUR PROTECTION WORK
Article 65 (Basic requirements of guidance and control for labour protection work)
Strengthening guidance and control for labour protection work is a fundamental guarantee to correctly implement the labour protection policy of the State. The State shall strengthen guidance and control over labour protection work in conformity with the requirements of actual development.
Article 66 (Guidance for labour protection work)
Guidance for labour protection work shall be done by the central labour administration guidance institution and the authorities concerned under the standardized guidance of the Cabinet. The central labour administration guidance institution and authorities concerned shall correctly adopt a guidance system for labour protection work and must normally command and guide labour protection work.
Article 67 (Guarantee of conditions for labour protection work)
State planning institutions and authorities concerned must assure in time things that are required for labour protection work, such as labour, facilities, resources, supplies, and funds.
Article 68 (Introduction of scientific research results related to labour protection)
The central labour administration guidance institution and scientific research institution shall ceaselessly strengthen scientific research related to labour protection, and must actively accept those results in labour protection work.
Article 69 (Dissemination of scientific knowledge related to labour protection)
Education institutions and publishing and reporting institutions shall disseminate scientific knowledge related to the labour protection policy of the State and to labour protection in different forms and methods, and must extensively present and advertise results accomplished in the labour protection field.
Article 70 (Supervision and control for labour protection work)
Supervision and control for labour protection work shall be done by the labour administration institutions and the given supervision and control institution. Labour administration institutions and the given supervision and control institution must normally supervise and control the state of labour protection work of institutions, enterprises and organizations.
Article 71 (Compensation for health or property damage)
In cases where harm has been caused to the lives and health of workers, or the property of the State, of social, cooperative organizations, or of citizens because labour protection measures were not adopted, the given damage shall be compensated.
Article 72 (Administrative punishment)
In the following cases, the given administrative punishment shall be imposed on responsible workers of institutions, enterprises and organizations or on individual citizens depending on the gravity.
1. In cases where labour safety education has not been done as designated
2. In cases where work has been ordered without assuring labour protection conditions
3. In cases where interference has been caused to labour protection work because the measurement and inspection work has not been correctly done for labour safety facilities and labour hygiene conditions
4. In cases where interference has been caused to the health and cultural and aesthetic standards of workers by not assuring rest and leave as designated
5. In cases where labour protection supplies were not supplied in conformity with subjects and standards or they were misused, wasted, decomposed or spoiled
6. In cases where female workers have been put to prohibited labour, or there were not sufficient labour protection conditions and it caused harm to their life and health
7. In cases where the work of organizing rescue from labour disasters was done irresponsibly or where interference has been caused to labour disaster rescue work by not assuring work conditions
8. In cases where interference has been caused to the rest of workers through recuperation and recovery by not managing rest spots, and vacation spots as designated or by not correlate guaranteeing their administration, operation, and supplies
9. In cases where other labour protection regulations have been violated
Article 73 (Criminal responsibility)
In cases where an act in Article 72 of this law amounts to a crime, the responsible worker of institutions, enterprises and organizations and individual citizens shall have criminal responsibility imposed according to the given provision in the criminal law.
Last updated 28 November 2020
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