feature

Irregular women workers can stand up
for their rights!

                                                                                       
                                                                                        

KWWAU and KWTU established their "Action Center for Restoring Irregular Women Workers' Rights" on March 5. The transfer of women workers to irregular based working positions is increasing, and women are the primary victims of the shift towards irregular working positions. Workers in irregular positions lack legal protection of their basic rights as workers. The ACRIWWR takes the struggle for the legal protection as its priority. "Working Women" will continue to deliver news of the ACRIWWR's activities.


Where are women workers since the economic crisis? - Proclaiming the "Action Center for Restoring Irregular Women Workers' Rights"

Ji Hyun Kim, (Head of Publicity & Education Dept. of KWTU)

People say that the economic situation is getting better. About 44% of corporations are planning to recruit new employees and the reasons for that are "replacing the dismissed labor force" and "business expansion with the economic recovery". However the economic crisis has resulted in a widening gap between the rich and poor, and the expansion of irregular work conditions.
  After the economic crisis, the transfer of women workers to irregular-based working position escalated. Some corporations transferred women workers from regular work positions to irregular work positions, some corporations forced women workers to quit or move to an irregular work position, and some corporations dismissed women workers and replaced them with temporary workers or dispatched workers. This phenomenon has been seen in every job area.

  According to research entitled "Flow analysis of labor force conditions in the first half of 1999" from the Korea Labor Institute, only 7.8% of newly recruited women workers in the first half of 1999 were regular workers.  Of course the present labor law is supposed to protect the rights of the workers in every form. However irregular workers are not protected by the law. In fact, the unequal treatment towards irregular workers is generally accepted.
  The situation of the irregular women workers can be categorized as follows:

No protection of basic rights due to lack of recognition as workers- Home tutors, golf caddies, insurance agents, delivery workers, etc.

  The common factor of the jobs identified above is that they were formerly regarded as workers, but since the flexibilization of the labor market, they have been regarded as freelancers.    In addition, these jobs are regarded as women's jobs. However, they all are supervised by managers of companies and they are almost all completely controlled by the companies. In practice, they are not freelancers at all. However they do not get any protection or benefit from the Labor Standard Law because they are regarded as freelancers. Domestic helpers are also excluded from the application of the Labor Standard Law because their employment status is ill-defined.

All the cooks in school were transferred to irregular base- Licensed school cooks illustrate the problems

  "Privatization of school meals = low quality of meals + forcing licensed cooks into irregular positions"
 The above formula has been at work all over the country. In the privatization of school meals, food companies and restaurants submit their bidding prices to schools. The company with the highest bidding price is selected. The chosen company or restaurant provides low quality meals in order to recover the money lost. Often they transfer their regular cooks to irregular positions in order to decrease labor costs. We have received many appeals from Seoul, Taejon, and Masan & Changwon, among others. The primary complaint of the cooks is their insecure employment condition. The second complaint concerns wages, which have decreased 20- 30% compared to that earned in their former regular work conditions.

Dispatched workers- suffering double trouble, from legal employers and actual employers

  "Where can we lodge appeal about unjust dismissal? Should it be the employer by law or our actual employer?" The hint here is that the real employer, who dismissed the employee, has no legal responsibility.
  The dispatched worker makes a contract with a dispatch company - the employer by law - but he or she is hired by an actual employer who has no legal responsibility for the dispatch employees. If the actual employer gives notice of dismissal, the dispatched employee has no way to appeal. The dismissals by Daewoo Motor Co. in Masan & Changwon are a good example. The company dismissed all dispatch women workers from a dispatch company. The dismissed workers appealed to the company but the company denied responsibility. The dispatch company insisted that they were sacked by Daewoo Motor Co. But was it possible to appeal to the Daewoo? No way. This is impossible in accordance with the present law.
  "On July 1st, 1998, the law regarding dispatched workers was

established, and a number of dispatch companies were legalized. The dispatch workers business has expanded owing to the economic crisis and subsequent dismissals. The only article in the law to protect the dispatched workers states, "Two years of continuous work in the same workplace guarantees transfer to a regular base." Most of the companies avoid hiring workers for more than two consecutive years. The companies dismiss workers before the two-year period or force them to renew their contract before completing two years.

  "Where are women workers now? And how far can they endure the present situation?"
  The situation confronting women workers is rapidly becoming turmoil. Transferred from regular to irregular positions, they face much worse labor conditions and insecure employment.

 

We must work to STOP the present trend and realize the application of the Labor Standard Law for irregular women workers. In order to achieve our goals, the women workers themselves must first of all understand the situation and their rights and fight to publicize their situation in our society. We must conduct campaigns letting people know about the hardship and suffering of women workers. We must force unjust employers to admit to their actions. Change can come from a clear perception of the situation.  

   


Women workers are proclaiming "Protectors"

in the opening ceremony of the establishment of ACRIWWR


Korea Working Women's Network 2000

Posted by KWWA
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