Ten truths about the law to protect non-regular workers

8/14/2019 Ten truths about the law to protect non-regular workers

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Tentruthsaboutthelawtoprotectnon-regularworkers

Chang, Eui-Sung, Director-General,Labor Standards Bureau, Ministry of Labor

Itisalreadymorethantwomonthssincethelawonprotectionofnon-

regular workers entered into force. This legislation has brought about

manysignificantchangestotheworksitesofthiscountry. Inparticular,

Woori Bank, Busan Bank, Shinsegae, Home Plus, LGTelecom and the

employers and the union of the health and medical care sector arenotable for theiractions topromoteemploymentsecurityandequality

fornon-regularworkers.

In contrast, the E-Land Group is cited as a case where the employer

tookactionsagainstnon-regularemployeesby, forinstance, decidingtocontract out the works which had been previously performed by the

non-regularworkers.

The fact is that, although there are many good examples of increasedprotection for non-regular workers in the overall labor market, somepeople are raising their voice for revision of the law on protection of non-regular workers, which gives a misleading impression that the new law isfaulty and further increases misunderstanding and uneasiness about thelaw.

There are 'many cases' where the purpose of promotingnon-discrimination and job security' for non-regularworkershasbeenimplemented

Weneedtohaveanobjectiveunderstandingofwhatishappeningnow.

Accordingly, it isverysignificantat thismoment toclearawayall the

misconceptionsaboutthelawonprotectionofnon-regularworkersand

lookintothegenuineaspectsofthelaw. Herearetentruthsaboutthe

lawandrelevantdevelopments:


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Truth1.Thefirstandforemostpurposeofthelawonprotectionofnon-

regular workers is to eliminate discrimination against non-regular

workers. However, it isnotpractical toexpect thatnon-discriminationwillbeaccomplishedovernight. It costsmoney toachieve thegoalof

non-discrimination. Therefore, it should be understood that better

treatment and non-discrimination for non-regular workers could be

realized on a gradual basis within the limit of individual employers'

abilitytopay.

Truth2.The lawonprotectionofnon-regularworkersdoesnotprovide

for converting non-regular workers into regular ones as its highest

priority. It istruethat, underthe law, fixed-termemployeesshallhave

the right to become regular onesonce they work for longer than twoyears. Still, becoming a regular employee is not always the best

solution: asmanyas51.5% ofnon-regularemployeeshavechosen to

workforanon-regularjoboftheirownaccord. What is important isto

ensure that non-regular workers are not treated less favorably than

theirregularcolleagueswhodothesameorsimilarwork, unlessthereis

ajustifiablereasonforsuchunfavorabletreatment.

Conversion into regular workers should not be theultimategoalofthelaw

Truth 3. Woori Bank has created a separatejob category for formerly

non-regularemployeeswhileendowingthemwitharegularstatus.Thissolution for increased job security and gradual improvement of

treatment for non-regular workers came after the long-held talksbetween the union of regular employees and the management of the

Bank. Inparticular, nowtheformerlynon-regularemployeescanenjoy

thesamelevelofnon-wagebenefitsastheexistingregularemployees.

This is largely thanks to the unselfish concessions from the regularemployeeswhoagreedtofreezetheirwageinordertoraiseafundfor

betterconditionsofnon-regularemployees.

Truth4.Similarly, BusanBankhascreatedalower-gradejobcategoryto

providenon-regularemployeeswith regularjobs. This isbasedon the


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agreementby themanagementandunion to improvejobsecurityand

working conditions for non-regular employees. One of the notable

consequences is that the barrier to non-regular employees' job

promotionhasbeen torndown. ThiscaseofBusanBankwouldnotbepossible without the regular employees' long-sighted decisions,

includingwagefreeze.

Truth 5. Shinsegae has provided its part-timers with regular jobs.

Naturally, discrimination at work has been significantly reduced. The

companyexpects that, in the long term, the increasedjob securityof

the formerly non-regular employees will lower the rate of job

separation, which will, in turn, save the costs of recruitment and

employee training/education. Another advantage will be the formerly

non-regular employees' higher commitment to work and the

consequent large growth in their productivity. Those employees also

estimatethat, withtheirstatuschanged, theyfeelmoreresponsibleand

devoted to the company now, stressing their willingness to worktogether with other regular employees to promote harmony at

workplace.

The problems of non-regular work cannot be solvedwithout mutual understanding and concessions betweenthelaborandmanagement

Truth 6. Korea Exchange Bank, in an effort to increase employment

security of non-regular employees, decided to endow them with an

indefinite-termstatus. Furthermore, thosewithhighercompetencyand

outstandingcontributiontotheBankshallbeappointedtoregularjobs.

In this way, the formerly non-regular employees have been provided

with an opportunity of becoming regular workers, as well as equal

benefitsandhigherjobsecurity.

Truth7. Inthehealthandmedicalcaresector, the industrialunionandemployershaveagreedtosaveaboutathirdofthenetwage increaseof the regular employees in 2007 for a fund to be used for better

workingconditionsofnon-regularworkersinthesector.Thisagreement

cameafterthelong-helddiscussionsbetweentheunionandemployers.Itisparticularlyimportantasitisnotonlythefirsttangibleresultatthe


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sectoral level over the issue of non-regular workforce but also an

evidenceofthecriticalrolethataregularemployees' unionhastoplay

inresolvingthequestionofnon-regularworkforce.

Truth8.KoreaAssetManagementCorporation (KAMCO) hassetanother

exampleofcooperativelaborrelationsastheunionsofregularandnon-

regularemployeeshavebeen integrated intoasingleunion. Moreover,theregularemployeessettledforalowerwage increasesothatafund

could be reserved for better working conditions for non-regular

employees.Thankstothecooperationfromtheregularemployees, non-

regular employees have easier access to regular jobs, which

understandablyhasincreasedharmonyandpeaceatworkplace.

Truth9.KoreaResearch Institute forVocationalEducationandTraining

(KRIVET) has a 'special committee on non-regular workforce' which

consists of representatives from both the labor and the management.This committee hasplayed a leading part inaddressing the problems

related to non-regular workers. As a consequence of the committee's

efforts, recently some of the non-regular employees were given the

regularemployeestatus. Asforthosewhostillremainnon-regular, thelabor and management is working together to ensure that they are

providedwithbetterworkingconditionsand, ultimately, regularjobs.

Truth10.HyundaiMotorstransferredsomeofthefixed-termemployees

toregularjobs, byhiringthemasnewrecruits. Inthisway, theformerly

fixed-term employees could get a regular job and have higher

employmentsecurity.Theresultisthattheyaremoremotivatedtowork

andmuchmorecommittedtothecompany.

The movement towards non-discrimination for non-regularworkersisprevailing

Theepisodesdescribedaboveconfirms that theunionsandemployers

areworkingtogetherforthepurposeofthe lawtoprotectnon-regular

workers, that is, non-discrimination and higherjob security for non-

regularworkers. Theyalsoaffirmthatthosesuccessstoriesarealwaystheresultofopenandsincerecommunicationsbetweentheemployers


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andemployees.

We have a clear lesson here. The question of non-regular workforce

cannot be solved by the legislation alone. It is a more complicatedquestion that requires positive involvement of both employers andemployees, in addition to efforts of the Government. It should be bornein mind that this is the time for concerted efforts of social partners toensure that the law on protection of non-regular workforce gets on theright track.

Ten truths about the law to protect non-regular workers

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