[vol.27] Hotline for Equality_ Hotline for Equality in 2001

Hotline for Equality in 2001- increase in unemployment counseling by irregular workers & maternity protection -

Lee, Jeong-hee ● Secretary-General, KWWAU

In 2001, the Hotline for Equality carried out a total of 2,733 counseling cases in 8 districts. This is the total of only the first counseling sessions. The efforts of the counselors have been great as they had provided much help in dealing with the companies or related agencies by submitting position papers, protest letters, sending and replying letters to the Labor Department, helping government agencies in providing relief measures, etc, to achieve employment stability and their rights. There has been an increase of 70.3% in counseling cases compared to the previous year and this issue covers the reality of women workers and the alternatives to their problems as advised by the counselors.

Ⅰ. Analysis of telephone counseling in 2001

1) Analysis according to type
Counseling on Overdue wages still the highest Counseling on employment took up 59.2% out of 1,429 counselling sessions. According to type, 768 sessions (51.7%) were on employment-related matters such as overdue wages,  260 (17.5%) on unfair treatment, 154 (10.4%) on unfair dismissals, 49 on compulsory dismissals, 254 (10.1%) on the application of the 4 national insurances and the Standard Labor Laws, etc.<refer to Table 1>

  <table 1. Counseling According to Type>

	Employment related	gender discrimination	sexual harassment	maternity protection	foul language and violence	occupational disease	miscellaneous	total
number	1429	223	228	187	137	43	212	2522
%	59.2	8.8	9.0	7.4	5.4	1.7	8.4	100

The workplace according to size on overdue wages were 33.2% in places with less than 4 people, 27.4% in places with 5-9 people and less, 20.8% in places with 10-29 persons, 81.4% in places with less than 30 persons. Also 57.7% of the people who came for counseling had worked less than a year in their respective workplace. 38.5% were in the social service sectors, 36.5% in the manufacturing sectors and according to occupation, 30.2% were production line workers. Also 72.4% of these workers came for counseling about outstanding wages.
As for unfair dismissals, 28.8% was in workplaces with workers ranging from 10 to 29 people, 25.4% in workplaces with workers over 30 people and 22% was in workplaces with over 100 people, showing the same rate of dismissals in all workplaces disregarding size. Unfair treatment was the highest in workplaces with less than 4 people but was the same in every workplace.

1/4 of workers with no application of the Standard Labor Laws
23%(439 workers, non-replies disregarded) of workers in workplace with less than 4 people we no application of the Standard Labor Laws. In the cases of sexual harassment, prevention education were compulsory in workplaces with more than 10 workers. However, 39.7% (76 workers, non-replies excluded) of the sexual harassment occurred in workplaces with less than 10 workers as the prevention education was not compulsory.
Regarding counseling on gender discrimination, 40% were from workers in workplaces with over 100 people, showing the highest rate, 24.9% on sexual harassment within the workplace in places with less than 4 people, 33.6% on maternity protection in places with over 100 people, 24.9% on foul language and violence in workplaces with workers ranging from 10 to 29 people, 27.6% on occupational diseases in workplaces with less than 4 people and 24.1% in workplaces with over 100 workers.

Gender Discriminatory Dismissal Highest Among Married Women - 68%
Of the 223 counseling cases of gender discrimination, 86 cases were discrimination experienced during job recruitment. This data has been compiled through newspaper monitoring in all counseling centers nationwide. Discriminatory dismissal was 22.4%(49 cases) with married women taking up the highest rate of 68% (34 cases, non-replies excluded).
These dismissals have been based on the reasons of pregnancy, marriage, childbirth, etc. Discriminatory wages were at 14.6%(32 cases), reaching the highest in the manufacturing sector (41.9%) and among clerical workers (62.5%).

Irregular Workers 71.4% Consult on Employment Instability
54.2% of regular workers who came in for counseling were because of overdue wages and unfair dismissals but 71.4% of irregular workers who came for counseling were because of their worries on employment (refer to table 2). 43.5% of the irregular workers were in the social and private services sectors while 24.5% were from the manufacturing sector.
Also, lease workers have been prohibited to work in the direct production process control of the manufacturing sector but 35.4%(17 cases, non-replies excluded) came for counseling showing that illegal leasing of labor exists.
Also, 56% of irregular workers have worked for less than a year but 17.9% (129 people, non-replies excluded) of women workers who have worked for over 3 years still remained irregular when they should have been employed as full-time workers.
 

<Table2. Counseling According to Type of Employment>

	Employment related	gender discrimination	sexual harassment	maternity protection	bad language & violence	occupational disease	miscellaneous	total
full-time workers	838	168	172	138	114	27	88	1545
	54.2%	10.9%	11.1%	8.9%	7.4%	1.7%	5.7%	100%
irregular workers	581	46	46	44	21	9	67	814
	71.4%	5.7%	5.7%	5.4%	2.6%	1.1%	8.2%	100%
total	1419	214	218	182	135	36	155	2359

 * people who did not reply were excluded

Rapid increase on counseling on maternity protection
In 2001, with the introduction of the socialization of maternity leave and paid childcare leave, there has been an increase of counseling on maternity protection (from 81 cases in 2000 to 187 cases in 2001). Most of the counseling was on whether such changes were applicable to the women who have come for counseling. However, with the implementation of the laws, dismissals and pressure to quit jobs due to pregnancy or marriage have been increasing.  
In future, governmental supervision must be strengthened to monitor the observance of the laws in the workplace and women must unite to protect their legal rights.

Sexual Harassment Prevention only at 11.9%
Of the 228 counseling cases on sexual harassment in the workplace, only 4 cases were eye-roving harassment but over 50.8%(97 cases) were harassment due to unwanted physical contact. It was most rampant in workplaces with less than 4 workers (25.1%) and most of the women could not receive any help and face difficulty in doing their jobs.
27.2% of the perpetrators were employers and sexual harassment which occurred before November 2001 are not applicable for legal protection.
Of the 126 cases, only 11.9% (15 cases) held prevention education measures and out of this, 9 were in workplaces with over 100 people.
86.9% (119 cases) are on foul language and violence received on the hands of the managers or fellow workers and which are not protected by law.

The Hotline for Equality has worked hard to help women workers find their rights and if no legal protection measures existed, it has supported efforts to solve problems in the workplace. We have a long way to go as women workers are illegally being pressured into irregular work. We and the counselors of the Hotline nationwide, promise to give all our support to our fellow women who face discrimination in the home and the society.

2. Active Measures by the survivors

Dismissal of woman worker who protested against violence…
she has been working as a clerical clerk for nine months in a manufacturing company when one of the junior managers in the company asked her to move aside from the fax machine as he wanted to use it, saying that "chits nowadays have no manners whatsoever.” She demanded an apology but as slapped in the face in front of other colleagues.
She demanded a formal apology and asked that punitive action be taken against the perpetrator. The General Affairs Department called the two people in and said that there would be no action taken by the company and that he was penitent. She was told to forget what had happened. Angered by the company's reaction, all the women workers (five) decided not to work for a day out of protest. Returning to work the next day, they were accused of collective action and forced to resign.
  The incident was petitioned to the local labor office, protesting the unfairness of the dismissals. Upon hearing that the labor office was coming to investigate the matter, the company reinstated the women. However, no action was taken against the perpetrator and so the women continued demands for a formal apology and punitive actions. The women only withdrew their petition after reduction of wages for 3 months and a formal apology. (Hotline, Ansan branch)
 
Unfair dismissal during contract period
34 years of age, single, and has worked for 8 months planning a newspaper in a travel agency on a year contract. In mid-July, the senior officer in charge of the newspaper called and asked her to correct an article that has already been approved by the editorial board and which had been slated for publication the next day. She protested saying that the newspaper was going to the press the next day and therefore it was already too late to make corrections and also pointed out that the article had been approved. The senior officer made derogatory remarks and told her that he had enough and told her to do everything her own way and left in a huff.
After the incident, he never made eye contact with her and gave her orders through other people. Last August she was told to work until September and leave. The team director was told that she was leaving at her own free will. And she was blamed for all delays connected with the newspaper publication. She complained to the team director of public relations and was told that the matter would be looked into but did not hear anything later.
  She came in for counseling and asked for advice on how to settle the matter. The unfair dismissal was withdrawn after an interview with the team director of public relations and an apology from the senior officer and is presently working at the same job. (Hotline, Seoul branch)

Dismissal on the basis of restructuring
A 36-year old designer who has been working for 7months was told that the company was undergoing restructuring and was given a months' notice to find a new job. She was pregnant at that time and a colleague on maternity leave and who has just got married have been fired. She thought about leaving the job but trying to find another job as a pregnant woman was difficult.
  She asked for the reasons for her dismissal but was told it was company's regulations and was told there would be no maternity leave. She was told that she would be given unemployment pay and that it would be best if she stopped her demands. She formally asked for her reasons of dismissal and protested against the unfairness of her dismissal and guarantee of maternity leave. The company agreed to her demands and withdrew its notice of dismissal and guaranteed maternity leave. (Hotline, Seoul branch)
 
Standby Appointment Before Maternity Leave
Age 30, a programmer for nine years and was expecting her child in October and she has been stationed in another company (she was not a leased worker). She was to be reinstated to the main offices of her company on August 15 when she was given notice of her standby appointment. There have been organizational changes in the main offices with teams merging with other teams and as her husband was in the same team, and as they could not find work for her, she was advised to leave with 2 months' severance pay. She refused and was given notice of her standby appointment. If she did not get reinstated in the next three months, she would be dismissed and she would only get 80% of her pay. She was about to apply for maternity leave and protested to the company but to no avail.
  She came for 4 counseling sessions and continuously asked for reinstatement and demanded a formal letter from the company for the reasons of her status, saying that her status of standby appointment as a pregnant woman awaiting childbirth was one of gender discrimination and an unfair measure. She left for maternity leave  during her period of standby appointment and in the meantime, the company undertook restructuring due to financial constraints, and notices were put out for those wishing to retire with 2 months' of pay. She applied and resigned from the company.(Hotline, Seoul branch)

Day worker for 19 months & no severance pay
Ms Lee, 48 years of age, worked in a timber mill until last September and left because of an injured shoulder. She hammered nails onto boxes just like any other male workers but was told she could  not receive any pay as there had been no severance pay as promised in the beginning.
  Last year, Ms Lee (who had worked about a year then) injured  her hand and could not work for some time and according to the company she had left the company at that time and so was not eligible for severance pay. The Hotline contacted the company and found out that it employed over 5 people and submitted evidence of injury during work and applied for industrial accident compensation pay. Ms Lee later received her severance pay. (Hotline, Machang branch)

Overdue legal wages received
Ms Jung, aged 50, worked for three years in a clothing factory, working for 2 extra hours each day. There were many times when she had to work from 8 in the morning to 9 at night. There were no monthly or menstruation leave and overtime pay was not consistent. She only received 650,000 won and did not receive any protection from the 4 insurances. The company did not give her any wages or severance pay upon retirement from work citing company regulations.
  The Hotline discovered that the company has computed severance pay as basic pay and omitted other pay such as yearly allowances. A petition was submitted to the local labor office but the company ignored the request for an interview. A publicity campaign began in front of the company on the standard labor laws and informed the company that a lawsuit would be undertaken if the demands were not met. The company reimbursed the total amount. And other retired workers faced with the same circumstances also took the same action and were fully reimbursed. (Hotline, Pucheon branch)

Accusations of rumor-mongering & violence
Ms Cha had been working in a company cafeteria for 10 years. She was accused of spreading rumors about the relationship between a clerical clerk and the CEO of the company by a team director, Mr Lee. When she protested, she was called a string of bad names and injured her head when he opened the door of his car suddenly when she was passing by. She was really upset on hearing such insults from such a young colleague and had to take analgesic tablets with her meals to help her digestion.
  The Hotline requested the company for punitive actions but nothing happened. A formal letter was sent to the company asking for punitive measures against the perpetrator and an apology and compensation for damages. After this, the perpetrator made a public apology in front of all the workers and a small compensation for treatment. Ms Cha is still working at the company and Mr Lee has been stationed in a different department. (Hotline, Machang)