(1) Where the agreement on the essential business is concluded or the Labor Relations Commission determines pursuant to Article 42-4(2), a trade union shall notify the relevant employer of its members who will work during the period of an industrial action from among its members who work for the essential business, and the relevant employer shall, upon receiving the notification, designate the workers and then notify the relevant trade union and the designated workers of his designation; provided, where the trade union fails to make such notification before the trade union goes on the industrial action, the employer shall designate the workers who work for the essential business and then notify the relevant trade union and the designated workers of his designation. <Amended on Jan. 1, 2010>
(2) When notifying and designating pursuant to paragraph (1), where trade unions to which workers engaged in essential business belong are not less than two, a trade union and an employer shall consider the ratio of members engaged in the essential business of each trade union. <Added on Jan. 1, 2010>[This Article Added on Dec. 30, 2006]