[vol.18] [Voice from the workplace] stop using the economic crisis as an axcuse to victimize women workers!
WORKING WOMAN 2008. 3. 21. 11:06VOICES FROM THE WORKPLACE
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Stop using the economic crisis as an excuse to victimize women workers! |
Under the current economic crisis, women workers are experiencing severe job insecurity and unemployment. Cases of hardships at the grassroots level are increasing. This article describes some of women workers' struggles against unfair labor practices such as illegal retrenchment and withheld back wages.
We'll fight in strong unity until we win!
by Lee, Myong-sook
(dismissed woman worker of Shin Han Industrial Co.)
Shin Han Industrial Co. is located in industrial complex 1 of the Masan Export Processing Zone (EPZ). About a year ago, the company nearly went bankrupt; however, the company's accumulated losses for several years have been resolved.
The company's recovery is partly due to the differences in currency exchange rates, but it is mainly due to our workers' full efforts. However, the company suddenly retrenched 26 out of 271 workers under the excuse that they had received fewer orders late last year. The number of retrenched workers is just below 10%, the minimum percentage at which companies should report its retrenchment activities to the Ministry of Labor. This is the first case of an official lay-off in the EPZ.
Shin Han Industrial Co. has a ratio of 3 male to 7 female workers. Many of the females are married women workers. The age distribution of workers from their 20s to their 40s is relatively even, and the company has a higher number of workers in their middle ages in comparison to other companies. Furthermore, because its trade union is co-opted, workers who carry out union activities and/or who raise questions to the company, often experience severe suppression by the company.
Under this context, the company has created insecurity by threatening workers with dismissals. Since April 1998, the company has forced workers to work overtime with heavy workloads. The company implied that older workers would be targeted for retrenchment, simply stating "the company has to lay off old workers." The company also oppressed workers who are actively involved in the union.
Workers at managerial levels and co-opted union representatives suppressed union members, thus many union members were removed. The union president sat back and did nothing for the union members as they experienced such serious oppression.
Although we know that the law regarding retrenchments was implemented, workers thought the company would not dare retrench workers because its business was doing very well. However, the company announced that it was temporarily closing down because of a decreasing number of orders since September last year. For three months the company stopped working on Saturdays.
On December 1, management suddenly informed individual workers of a list of those expected to be laid-off. The company laid off 26 workers who were "old" and/or involved in strong union activities, stating "it's okay not to come to work beginning tomorrow."
We, laid-off workers, were so shocked and at a loss, but we started fighting against the company to demand the withdrawal of the unfair retrenchment. The company told outright lies. The company stopped us from entering the workplace, treated us inhumanely and used false propaganda against us to separate us from our co-workers.
We started campaigning against the company's unfair practices at the front gate of the EPZ and asked other workers to support us. As news of our case started spreading to the local community, the company tried to tempt us to resign by offering a conditional one month wage to each of us. Since the company made use of our privacies and shortcomings, 13 workers eventually submitted their resignations to the company within the fixed deadline.
The company also punitively dismissed an additional three workers under the pretext of having false work experience. The company attempted to destroy our struggles against the unfair dismissals. Since January 1999, news of our struggles has spread to the entire local community.
We carried out daily struggles at work and sued the company at the local office of Ministry of Labor for the unfair dismissal and unfair labor practices.
The co-opted trade union which agreed with our unfair dismissals, and FKTU, its umbrella trade union have not given us any help. They are really yellow trade unions and are not genuinely concerned for workers.
We actively campaigned publicly and organized rallies in solidarity with KCTU and other local workers who agree with our resistance against lay-offs and our call for job security for workers. However, we have experienced much difficulty because we do not have an operating democratic trade union in the workplace, we do not work and we are separated from our co-workers.
We have continued waging struggles. The Masan & Changwon Women Workers Association (MCWWA) has given us their heartfelt and strong support and concern. For the last three months, we have used their office like our own homes in order to wage our struggle. We sometimes think, "what should happen if we, dismissed workers did not have an organization like this in our community?"
Now, 10 women workers, mostly married women, continue struggling. We are confident that we will finally obtain our basic rights to sustain our livelihoods and to keep our jobs, when our efforts and struggles become united. Since the local community is well aware of the company's unfair dismissals, other firms which have prepared to implement unfair dismissals and labor practices to lay off workers in the EPZ have stopped their plans.
We see this as an achievement of our struggle. Our struggle will be a shield for preventing workers from being laid off and for preventing unfair dismissals. Now, although we face serious difficulties in trying to sustain our livelihoods and pay our children's educational fees, we know we have any choice but to continue our struggles.
Our difficult situation is reflected by the reality that among 26 workers, whether they join this struggle or not no one has found a job so far. The Ministry of Labor defends the company's side by explaining that the company's actions are not illegal.
The government established a policy that unfair dismissals should be investigated very carefully and banned, but local offices do not listen to workers, and simply go hand in the company. We are going to make an appeal to the local labor committee. But, we worry about how well the local labor committee will represent us.
However, it often just looks at the fake documents handed over by the company. We will do our best to fight against these unfair lay-offs. We understand that we face many difficulties in our struggle, because we are not just fighting against one individual, one company, nor one political party, but because we are struggling against the social systems of money, power and law.
However, we have never made such claims before to those who are powerful. Now, we realize how relieved we, who have been oppressed, are when we speak out strongly against the rich and powerful.
I firmly believe we will win if we struggle until very end, because our struggle is about our sustainability and justice. We struggle in great unity like daughters and mothers, and between sisters. We fight with deep care for one another. We carry out our difficult daily activities, looking forward to the day when we will be able to return to our jobs.
Women workers, the first victim of lay-offs in the public sector
By Cho, Kwi-Jeh
(Head of the Women's department, Korean Federation of Public and Social Service Workers)
I am the head of the women's department at the Korean Federation of Public and Social Service Workers (KFPSSW). Most of the unions whose companies are run partly or 100% by the government, or financed by public funds (such as Public Culture Funds and Athletic Funds), are affiliated with our industrial trade union.
Thus, the government orders the dismissal of workers in companies, the reduction of wages and is responsible for the subsequent deterioration of working conditions.
Despite strong resistance from the labor movement, the government passed a retrenchment-related law. Under the law, lay-offs can be carried out despite all of our efforts. However, in the last year, one-sided lay-offs were undertaken without any agreement between labor and management in the public sector, especially in public corporations.
The so-called "honourable retirements" and "voluntary retirements" are nominal. Instead, jobs are forced to be restructured. Among the cases of forced restructuring, women workers' jobs are most seriously threatened for women face forced voluntary retirement and the closure of women concentrated departments, under the pretext that their partners also work in the same companies.
In mid-November of last year, I received a call from a head of the women's department at KCTU. She informed me that four (4) female union members (one nurse and three females in skilled and technical occupations) in the Seoul Olympic Sports Promotion Foundation(SOSPF) whose union is affiliated with us, were forced to retire voluntarily. But, they resisted the suppression.
The company ordered them to leave their post and wait for further actions. They have been relocated to a remote place with no window. These women workers were promoted from the fifth rank to the fourth category because their abilities were recognized by the company. Although their capabilities are as high as male workers, they were forced to resign because they are women.
The company established a policy that it would retrench them in December if they do not agree with voluntary retirement by late November. The workers do not agree with the demand from the company which forces the women workers to voluntarily retire,for it attempts to retrench them without making any efforts to avoid their dismissals.
The problem is that the company has not put any effort into evading their retirement. It simply assigns women workers to the forced retired workers' list without negotiating with workers, which is in accordance with the government's (Planning and Budgeting Committee) guideline for personnel restructuring. A bigger problem is that co-workers look down upon women workers who resist.
It is more difficult for them to wage their struggles under a situation in which their co-workers think they should be retired rather than male workers who are assumed to be primary householders. Even union executives agree with the logic that "opposition to forced voluntary retirement" is not worth fighting for and thus, do not attempt to organize a struggle on the women workers' behalf.
However, women union members eagerly support them by claiming, "we cannot accept the dismissals simply because they are women. Let's fight together even though they may be fired." Women workers consulted a labor lawyer visiting the chairperson of company, and demanded him to talk to them.
They also visited the Women's Special Committee directly under the president, in order to make their appeals. However, no changes have been made.
The closer the deadline appeared, the more anxious they became. Eventually, they remembered the words of "Kwon Young-gil" and "KCTU". Hence, they called the women's bureau of KCTU which informed us of their situation. Our industry union persuaded the local union to clearly oppose the company's lay-offs without negotiation with the union and to support the struggles of the women workers.
However, the women workers were only temporarily laid off because the authorities of the company agreed to reinstate women workers on April 1, 1999 and the others by the first half of this year.
Next, I would like to introduce the case of the Daejon Atomic Power Research Institute in which five female workers whose partners work in the same workplace were dismissed. In this case, before our industrial union could intervene, women workers submitted their resignations due to severe suppression by the company within two days.
The company reached an agreement regarding voluntary retirement with its union late last year. But, on December 29, 1998, the company threatened five (5) women workers whose partners also work in the workplace with voluntary retirement by letter. The letter said that if they expressed reluctance to be retired, their husbands would be disadvantaged in their job promotions.
Thus, some of them filed formal paper divorces to avoid being dismissed. On December 31, they submitted voluntary retirement notices to the company in order not to disadvantage their husbands. Three of them are researchers and two are engaged in administration work, who did not ask for an appeal because of their husbands.
In addition, illegal and unfair dismissals of women workers working in public corps. are taking place frequently. For example, the Korean Federation of Small Businesses (KFSB) removed women workers with high school degrees (who mainly do typing and clerical assistance work).
However, the company started employing contractual workers just after management mentioned that these occupations were not needed. Also, as many as 80% of about 400 dismissed workers listed by the Seh-jin Computerland Co. are female workers.
Women are half of the world, but our society does not see women as independent human beings. Even in regards to employment, women are discriminated: women are employed as contractual workers while men work as regular workers.
In the case of women workers whose partners work in the same workplaces, they are largely targeted for lay-offs. Women workers should stand up to fight against social practices that assume women should take secondary roles, and that women should go back to the home.
Like the above case of SOSPF, women workers should fight against the presumption that "Women should leave their jobs, even when unions ignore women workers because they are 'just women.'"
This year, many women workers who are union members have experienced the second round of retrenchment such as the adaptation of a yearly wage system, wage reduction, and decreases in social security for workers. We, women workers should fight for achieving job security and maintaining our basic rights to sustain our livelihood.
Using the Logic of the 'Struggle of the Fittest'
to Lay off Women Workers at lower levels
- Korea Tourism Research Institute
by Kang-ock Lee and Sook Kim
(dismissed women workers)
We are illegally-dismissed female workers, although we have worked hard since the establishment of the Korea Tourism Research Institute. We are currently waiting for the result of our appeals to the Ministry of Labor and Women's Special Committee (the latter has transferred our appeal to the former because it did not regard our case as illegal).
The Deptartment of Culture and Tourism opened the Korea Tourism Research Institute to suggest effective policies related to tourism with the support of the "Tourism Promotion & Development Fund." In late August, the Planning and Budgeting Committee ordered a "personnel reduction at higher levels, the maintenance of 25 staff members, 20% reduction in labor costs including ordinary expenditures, and those necessary for the operation of the minimum structure of the company."
The institute attempted to restructure lower levels workers without any form of negotiation with workers. Women workers segregated in technical occupations, were the main targets of restructuring. As a result, six (6) technical women workers were dismissed.
The following issues outline aspects of the unfair lay-off process: First, lay-offs should be legal on the grounds of urgent managerial reasons. The government's Planning and Budgeting Committee ordered the company to reduce the total number of workers from 28 to 25 workers. But, the company retrenched an additional four
(4)women workers to bring the total number of existing workers to 21. However, the company also increased the salaries of the remaining personnel, which blurrs the actual intent of restructuring. In addition, because the labor power of the six(6) laid off workers is necessary, the company transferred three(3) workers to a monthly contractual working basis, which is much more insecure employment.
Second, the company should make all efforts to evade dismissals before dismissals take place. However, the company did not make any efforts to do so. They did not stop new-comers from being employed nor did they reduce the salaries of board members.
Even though the company claims that four (4) workers will be recruited to maintain its total number of workers after the dismissals of the six(6) workers, it is difficult to recruit four workers according to its budget for personnel in 1999. The company did not provide any choice for workers to select their status because it did not follow appropriate procedures for voluntary retirement.
Third, the company should select those workers who will be dismissed according to a due and reasonable process. The restructuring did not target all workers, and it is discriminatory in regard to the selection process. In spite of the same technical position, a chauffeur and a secretary were arbitrarily excluded in the name of "their special technical occupations".
Fourth, the company should undertake sincere negotiations with unions or workers before dismissals take place. The Management-and-Labor Committee was already set up in the company, but the committee made a one-side decision regarding their dismissals on November 30, 1999 without any adequate negotiation. In the committee the workers' side mainly consists of researchers and senior officers in the top level, so the committee has no person to represent workers at lower levels.
When we, dismissed workers raised the issue of inadequate negotiation procedure, the company evaded its responsibility claiming that this is an issue amongst workers, since it already adequately negotiation with workers.
In the process associated with the above lay-offs, women workers at low levels are largely disadvantaged without proper negotiation under the pretext of the social atmosphere of the economic crisis. After the submission, the institute claims "We will choose being fined even if the company decides to commit 'unfair dismissals'.
The company will never allow you to return to your jobs. We will stop your reinstatements" which disappointed and shocked us. Amongst the six(6) dismissed women workers of us, at the initial stage three made appeals, but one was later cancelled. Presently, only two of us have been waiting for results.
The other four(4) dismissed workers are disappointed and have complained to the company, but they feel afraid of their unemployment if they are not able to make their three-month contracts. A worker is not uncomfortable because she is employed by personal contact.
One of them does not understand the real meaning of her dismissal. They are also under a variety of carrots and sticks.The reason why we made an appeal is that we wish to be treated fairly and objectively. However, the Women's Special Committee ignores us, and it only listens to the side of management.
This shows their unfair and discriminatory attitude. It views our case as a problem of management innovation. The Ministry of Labor also sees our case as an issue between management and labor rather than between individuals and the institute, so that the ministry's foremost concern lies with the institute rather with workers, despite the clearly unfair nature of the dismissals.
This reflects discriminatory status of women workers' employment in society. Presently, under the pretext of improving national competitiveness and facilitating economic recovery, Korea is under restructuring.
However, restructuring is undertaken by the logic of struggle of the fittest without any adequate concerns for workers. As a consequence, workers who are relatively weak are disadvantaged and become unemployed. I n this process, women worker-concentrated departments are usually targeted. Hence, although our dismissals can be viewed as personal issues, we will struggle against the discriminatory labor practice until the very end.