Discussion on irregular workers
Discrimination and excessive use for the non-regular workers became one of the hottest social issues due to deepening of social polarization resulted from the expansion of new liberalism after the financial crisis in late 1997.
The Economic and Social Development Commission established the Special Committee for the Non-regular Workers in July 2001 to discuss the government's arrangement for the bill on non-regular worker protection. The Special Committee had 100 times of meetings, several forums and fact-finding surveys for two years.
The Committee could not reach the agreement due to different views between labor and management, but transferred each opinion of labor, management and public interest groups to the government in July 2003. The government noticed the legislation of three bills(fixed-term and part-time worker protection, dispatched worker protection, Labor Relations Commission) so called "Bill on Non-regular Worker Protection" on the basis of discussion results of the Economic and Social Development Commission. The government submitted the Bill on Non-regular Worker Protection to the National Assembly on November 8, 2004 after receiving opinions through public hearings.
However, the Bill had been on drift for two years due to different opinions of stakeholders, and it was placed by own authority and passed as a law at the Plenary Committee of the National Assembly on November 30, 2006. The Non-regular Worker Protection Law, which constitutes the Fixed-Term and Part-Time Worker Protection Act, the Dispatched Worker Protection Act and the Labor Relations Commission Act, has been put into force since July 1, 2007.
- 2001. 7
The Economic and Social Development Commission established the Special Committee for Non-regular Workers
- 2003. 7
The Economic and Social Development Commission transferred each opinion of labor, management and public interest groups to the government
- 2004. 9
The government noticed the legislation of the Bill on Non-regular Worker Protection
- 2004. 11
The government submitted the Bill to the National Assembly
- 2004. 12
The Environment and Labor Committee of the National Assembly held the public hearing and transmitted the Bill to the sub-committee responsible for deliberating bills.
- 2005. 4~6
The meeting of tripartite leaders resumed. Labor, management and the government had fifteen times of dialogue, but labor and management didn't narrow their opinions.
- 2005. 11
Eleven times of dialogue between labor and management took place by arrangements of Uri party, a ruling party, but they failed to reach the agreement.
- 2005. 12
The sub-committee of the Environment and Labor Committee of the National Assembly resumed deliberating the Bill.
- 2006. 2.7
Most items of the Bill were tentatively resolved except for some key items such as restriction on fixed-term employment period and employment responsibility for dispatched workers
The Non-regular Worker Protection Law constitutes the Fixed-Term and Part-Time Worker Protection Act(a new law), the Dispatched Worker Protection Act(a revision to an existing law). and the Labor Relations Commission Act (a revision to an existing law).
Prohibition against Discrimination
- The Fixed-Term and Part-Time Worker Protection Act prohibits discriminatory treatment of a fixed-term employee or part-time employee in comparison to other regular employees who engage in work which is identical or similar to the work that the temporary workers engage in. The Act defines the "discriminatory treatment" as an unfavorable treatment without reasonable ground in terms of wages or other working conditions.
- If a fixed-term or part-time worker receives discriminatory treatment, he or she can file a petition to the Labor Relations Commission. The Labor Relations Commission will investigate the matter and may issue remedial orders against the employer upon finding of a discriminatory treatment. The remedial orders may include an order to cease and desist from further discriminatory treatment, an order to improve the working conditions and an order requiring monetary compensation.
- The employer's failure to comply with a remedial order may result in an administrative fine not exceeding KRW 100,000,000, and in case of employer's retaliation actions, the employer will be put into jail for not less than two years or will be fined not exceeding KRW 10,000,000
Restriction on Fixed-Term Employment Period
- Under the Fixed-Term and Part-Time Worker Protection Act, the employment term of a fixed-term worker is subject to the statutory limit of 2 years. After such 2 years have passed, the temporary employees must be deemed as regular(permanent and full-time) employees.
Effective date of the Act
- The Act will take effect from July 1, 2007, and the clause prohibiting discriminatory treatment under the Act will apply to private entities with 300 or more employees and entities in public sector as from July 1, 2007. Private entities with 100 or more employees will become subject to the clause only from July 1, 2008, whereas other entities with less than 100 persons will only become subject to the clause from July 1, 2009. Private entities with less than 4 employees will not become subject to the clause.
Prohibition of Discriminatory Treatment
- The amendment to the Dispatched Worker Protection Act also prohibits discriminatory treatment of dispatched workers who engage in work that is identical or similar to the work that employees of the hosting employer engage in.
Deemed Employment
- The amendment to the Dispatched Worker Protection Act imposes on employers the legal duty to hire their dispatched workers as regular employees after their two years of consecutive services as dispatched workers. The amendment also subjects the hosting employer who refuses to comply, to an administrative fine in an amount not exceeding KRW 30,000,000.
Effective date of the Act
- The amendment will take effect from July 1, 2007, and employers with 300 or more employees will immediately become subject to the anti-discrimination provision beginning from the amendment's effective date, while other employers with 100 or more but less than 300 employees will be provided with a grace period until July 1, 2008. As to all other employers with less than 100 employees, the anti-discrimination provision will apply from July 1, 2009.
The Economic and Social Development Commission established the Special Committee for the Non-regular Workers in July 2001 in order to discuss to arrange the non-regular worker protection law of the government. The Special Committee had 100 times of meetings, held several forums, and conducted fact-finding surveys for two years.
The Committee couldn't reach the agreement due to different views between labor and management, but the Committee transferred discussion results such as opinions of labor, management and public interest groups, to the government in July 2003. The government noticed legislation of Bill on Non-regular Worker Protection based on such discussion results of the Committee and submitted the Bill to the National Assembly, after receiving opinions through public hearings on November 11, 2004.
Just before effect of the Non-regular Worker Protection Law on July 1, 2007, the Economic and Social Development Commission held the meeting of the Committee for Researching and Coordinating Agenda on March 5, 2007 in order to set "Measures to peacefully settle down the Non-regular Worker Protection Law" as a main agenda of the Commission.
The Plenary Committee of the Economic and Social Development Commission decided to establish the Committee on Follow-up Measures for Non-regular Worker Protection Law on April 13, 2007. The Committee was composed of 15 members from labor, management, public interest groups and the government.
The Committee on Follow-up Measures for the Non-regular Worker Protection Law started its first meeting on April 20, 2007. Since then, the Committee had discussed measures to settle down the Law peacefully at every work place though 23 times of general meetings, 17 times of working groups meetings and workshop etc.
As the Non-regular Worker Protection Law took effect July 1, 2007, the Committee concentrated on discussing various supports for stabilizing employment, improving treatment and developing vocational ability of non-regular workers of small and medium enterprises(SMEs) while seeking for how to relieve the burden of employers of SMEs. The Committee reached the Agreement on Measures to Support SMEs According to the Implementation of the Non-regular Worker Protection Law on December 12, 2007.
The Economic and Social Development Commission changed the Committee on Follow-up Measures for the Non-regular Worker Protection Law with the Committee on Measures for the Non-regular Worker Protection Law and extended one year more for further discussion in May 2008. The Committee on Measures for the Non-regular Worker Protection Law dealt with measures to complement systems of the Law based on evaluation for effects of implementation of the Non-regular Worker Protection Law.
- 2007. 4
Establishment of the Committee on Follow-up Measures for the Non-regular Worker Protection Law
- 2007. 6
The Committee transferred opinions of labor, management and public interest groups for the system guideline to redress discrimination published by the Ministry of Labor, to the Ministry of Labor and Labor Relations Commission.
- 2007. 9
The Committee transferred opinions of labor, management and public interest groups for relief of discrimination, prevention of excessive use and build-up of social security nets of the General Plan to Improve Employment of Non-regular Workers, to the government.
- 2007. 12
The Committee made a fact-finding survey on the current situation of non-regular workers though tripartite agreement regarding how to research and questionnaires('07.12.10~12.21).
- 2007. 12.21
The Committee reached the Agreement on Measures to Support SMEs according to the Implementation of the Non-regular Worker Protection Law.
- 2008. 5
The Economic and Social Development Commission changed the Committee on Follow-up Measures for the Non-regular Worker Protection Law with the Committee on Measures for the Non-regular Worker Protection Law and extended one year more for further discussion
- 2009.6.5
The Committee on Measures for the Non-regular Worker Protection Law adopted the Agreement regarding build-up of evaluation system for effects of implementation of the Law
Labor, management, and the government shall work together for job security, improved treatment, and vocational ability development of non-regular workers of SMEs.
A. Trade unions shall work for improved treatment and job security of non-regular workers through consideration of non-regular workers as well as regular workers and mutual cooperation between regular and non-regular workers.
B. Employers shall take measures to prevent discrimination against non- regular workers in terms of working conditions such as wages and opportunities for vocational ability development.
C. The government shall develop and promote a policy to enhance job security of non-regular workers, reduce discrimination against non-regular workers, and develop non-regular workers' vocational ability.
The government shall come up with measures to provide labor and management with part of the costs, using the Employment Insurance Fund, etc., if, after consultation with workers, SME employers take necessary measures to reduce discrimination against non-regular workers, to change the status of a certain worker from non-regular worker to regular worker, and to promote job security of non-regular workers.
The government shall explore measures as following so as to encourage employers and non-regular workers of SME to voluntarily participate in vocational ability development.
A. Establishing a system to deliver measures for vocational ability development, including operation of weekend training and replacement of non-regular workers during the period of their vocational training.
B. Expanding the current project of vocational ability development of SMEs and non-regular workers
The government shall develop necessary measures to address one of the greatest causes of the welfare gap between regular and SME non-regular workers, by, for example, enabling them to receive the benefits from social insurance systems.
The government shall lay the basis for promotion of practical and effective policies through measures such as expansion and improvement of the statistics on non-regular workers.
Labor, management, and the government shall continue discussions on specific measures to support SMEs and their non-regular employees.
The Economic and Social Development Commission established the Special Committee on Measures for Non-regular Workers in 2001 and the Committee on Follow-up Measures for the Non-regular Workers Protection Law in 2007. The two Committees had over 100 times of meetings, seminars, a fact-finding survey and a lot of discussions for measures to improve systems of the Non-regular Worker Protection Law. Such efforts of the Economic and Social Development Commission contributed to the legislation of the bill for non-regular worker protection.
The Economic and Social Development Commission contributed to relieving discriminatory treatment for non-regular workers of SMEs through tripartite agreement regarding employment security, improvement of treatment, and reduction of the financial burden of SMEs employers.
The Economic and Social Development Commission contributed to improving system of the Non-regular Worker Protection law through efforts to monitor the management situation of the System to Redress Discrimination, discuss and analyze evaluation systems for effects of implementation of the Non-regular Worker Protection Law.
