[vol.20] [Equal Rights Counseling] Analysis on the counseling for the second quarter of 1999

EQUAL RIGHTS COUNSELING

ANALYSIS ON THE COUNSELING
FOR THE SECOND QUARTER OF 1999

In Soon Wang
Sec. Gen. of KWWAU

The following analysis comes from cases registered by the Equal Rights Counseling from April to June. If you want to know more, you can find information on the KWWAU homepage at: http://www.kwwnet.org

The total cases counseled in the second quarter came to 302 excluding secondary counseling. The highest portion of counseled cases concerned insecure employment (76.5%). The cases concerning delay of payment numbered 152 (50.3%), both dismissal due to restructuring and unjust labor conditions 45 cases (14.9%), unfair dismissal and discriminating dismissal 34 cases (11.3%). In addition, 24 cases (8.0%) were regarding discrimination, 22 cases (7.3%) sexual abuse within the workplace, 17 cases (5.6%) maternity protection, and eight cases (2.6%) industrially-contracted illness. 1. The desirability of the full realization of the Labor Standard Law The analysis of the counseled cases show that the proper procedures regarding dismissal, wages, and vacations as prescribed in the Labor Standard Law are not being adhered to by employers. The recently-introduced annual salary system instigated a new trend by which the company decides the level of salary in a one-sided way without any change in the worker's contract. Furthermore some companies forced their employees to comply with their annual salary system without any consultation with the union. 2. Urgent protection for irregular workers The forced transfer to irregular work and the unjust treatment towards irregular workers still exist. In the workplace with no union, it is hard to protest against unjust treatment. In many cases, the company hires irregular workers not for temporary work but to effect a decrease in the salaries paid to their employees. Therefore many irregular workers are, in fact, working over a long period of time and, at the same time, they are insecure in the knowledge that they can be fired at any time. Even in the workplace which has a union, many workers are not equipped to join the union due to their positions as irregular or clerical employees. Since the majority of them are women, many women are therefore are excluded in the process of negotiations between management and labor. ◈ Under the name of outsourcing, senior high school graduates are forced to transfer to irregular positions In spite of the fact that this company had made large profits it still tried to transfer senior high school graduates onto an irregular base. In the first round of transfers, 85% of senior high school graduates retired. The remaining women workers were forced to transfer to irregular positions. However, the work was the same as before. There is a union in the workplace but those with clerical positions are not allowed to join the union, and they cannot obtain any help from the union. (Equal Rights Counseling, KWWAU) ◈ Dismissal notice during contract period ㆍShe was working as an English lecturer in the after-school class of an elementary school. She agreed a one-year contract through a recruitment agency. The principal of the school ordered her to quit three months later. She appealed to the Ministry of Education, and the Ministry said it would conduct an investigation. However, she still has not heard anything back. (ERC, Seoul WWA) ㆍShe was dismissed despite the fact that her contract had not been completed. She is wondering if she can get help. Even though she was an irregular worker, she had worked for a few years. (ERC, Masan & Changwon WWA) 3. Being forced to retire or transfer to an irregular base after marriage or pregnancy, ◈ The company forced the female employee, who soon to marry, to transfer to an irregular base ·They work for a financial company in the computer department. The company has approximately 60 employees. There have beenthree cases of employee transferral to an irregular base after marriage. Now three of them are shortly to marry and the company has forced them to transfer to irregular positions. (ERC, Seoul WWA) ·She is working in a Hyundai affiliated company as an interior designer. So far, no one has succeeded remaining in the company after marriage. The company transfers the married employee to an irregular position and then declines to renew her contract. (ERC, Seoul WWA) ◈ Upon marriage, forced to choose between retiring or being transferred onto an irregular base ·She works in the cultural center of a department store as a dietitian. She passed the entrance exam together with her male colleagues but was paid W100,000 less than the men. Moreover the company is forcing her to retire after marriage. The former dietitian received an official announcement of her appointment as an irregular employee after coming back from her honeymoon vacation. This is unfair. (ERC, Pusan WWA) ·She had worked for two years at the company but it did not allow her a honeymoon vacation, and she had to submit a resignation letter to the company. Then the company re-hired her on an irregular basis. In 1997 there were two more cases of this kind. Last year, the forced resignations upon marriage fuelled controversy. (ERC, KWWAU) ·She worked in an university. It did not allow her to return to her work after her maternity leave. The school has never given maternity leave. Her husband also works in the same university. She does not know what to do. (ERC, KWWAU) ◈ The sudden dismissal notice caused psychological anxiety to a pregnant woman ·She is expecting to give birth in July. On June 9, the company suddenly gave her notice of dismissal. This was due to the financial difficulties suffered by the company. However, she was the only one to be given notice and has been suffering pressure every day from the company to write a resignation letter. (ERC, KWWAU) ◈ When she insisted on keeping her job, the company suggested a contract based on the annual salary base ·She is expecting to marry in May. First, the company suggested that she resign after marriage. She expressed her will to continue to work until the end of the year. Then the company suggested a contract based on the annual salary system. It is obvious that the company is going to make a legal dismissal a year later. (ERC, Inchon WWA)

4. Subtle wage and promotion discrimination Recently more clients are facing the problem of the increase of gender discrimination in wages and promotions since the wage and promotion systems have been changed. In name, gender discrimination in wages has been improved. However, discrimination is increasing in subtle ways. The military service period is included in the working period which causes a wage gap and gives more chances to male employees for promotion. ◈ The Gender Equality Law is supposed to defeat gender discrimination but in fact causes a further widening of the wage gap between male and female employees Under the name of improving the wage gender gap, these employees received their wages in accordance with the "Salary Step Table for Senior High School Graduates". However, the contents of the table, in fact create a wider gender gap. Comparing women workers with male workers, who have not yet completed military service, the difference in wages is 21% even at the start of employment. The workers are supposed to pass through three stages to become regular workers. In the case of men, every stage has three credits, and its takes nine credits to pass the three stages. However, in the case of women, only one credit is given for each stage so they total three credits only. Therefore the wage gap between men and women after passing the three stages increases to 26.1%. In comparison with the men who have already completed military service, the gap is worse. It was 8.9% - 13% before the law was introduced. However the law results in a wage gap of 28.4%. Therefore the Salary Step Table is, in fact, promoting more gender discrimination rather than improving the situation. In addition, the women workers in clerical positions in this company are unable to join union. (ERC, Inchon WWA) ◈ Three years of work gave the chance of promotion to manager but the new promotion system gives less chances to women ·The women university graduates in charge of computers and personnel affairs are not equipped to join the union. So far university graduates, both female and male, have the opportunity to be promoted to manager after three years at the company. However, the company is planning to change the promotion system. According to the new system, only those over salary step 12 can become a manager. In this scenario, the men who have completed military service are able to reach managerial level after three years but it will take the women six years. This is clear discrimination. However the negotiations have already been completed between management and labor. (ERC, KWWAU) 5. Urgent need for educational training on sexual abuse within the workplace Among the workplaces of the clients who visited Equal Rights Counseling, 22 workplaces which employed less than 20 workers, never gave training on the problem of sexual abuse. According to research on sexual abuse within the workplace which was conducted by KWWAU through its 'Campaign to end sexual abuse within the workplace', a number of people are unaware that sexual abuse within the workplace is forbidden by the Equal Employment Law and many of them regard sexual abuse as normal. We should identify the need to conduct preventative education on sexual abuse in the workplace and to launch a mass campaign on the issue. Since the Equal Employment Law was put into force 11 years ago, 104 cases in total had been registered with the related administration offices, local labor offices, Labor committees, the Equal Employment Committee, Prosecution Office, courts, Constitution Office, etc., at May 1999). More than half the cases concern resignations upon marriage and pregnancy, and maternity leave. Until now, our society discriminates against marriage, pregnancy, and maternity leave. There should be more effort made to ensure society's collective responsibility for the expenses of maternity protection. Besides, the government should conduct more responsible supervision and direction of the companies in order to make real the guarantees of the Labor Standard Law. In the case of violating the law, there should be strong punishments given. Have encountered sexual abuse within the workplace I am a thirty-five-year-old married woman working in XX trade company as a translator. The boss used offensive language and demanded that we sleep together when I went on a business trip with him. When his demands were refused, the boss said some very insulting words. He has been sexually harassing me continuously. I do not want to quit my job. I had three meetings with him. In the first meeting, I was very strong and he said sorry to me. But in the second and third meetings, he tried to made me understand him. He explained that he and I needed to be close to each other in order to do good business. He also added that he wanted to shorten the time needed to build a good relationship... Anyway, I proposed three points; first, he should take a temporary translator on his overseas business trips; second, he should bring another staff member along with him when we needed to meet buyers outside the company; third, he should allow me to work at home during my pregnancy. I have been working under those conditions. After that negotiation, the boss has stopped using some of his disgusting words. In fact, I am now very happy to work. I am very grateful for the ERC of Ansan WWA which helped me a lot.