Top 10
News of Women Workers in 2001


Bae, Jin-kyung● Public
Relations Officer, KWWAU



 

There have been many incidents this year as in the previous years. The movements for the reform of the labor laws related women workers, the increase of irregular women workers, the struggle to achieve increases in the minimum wage, etc, were some of the many incidents. What then can be the top 10 news of the women workers? 54 people working on women worker issues from women's groups, two major labor unions and related branch offices, labor groups, citizen's groups, news agencies, labor officers, KWWAU, and the KWTU were asked to pick the ten major news of the year from 24 issues pre-selected by the KWWAU.






Reform Movements of the Labor Laws related women - Maternity
Leave 90 Days, Paid Childcare Leave, Reform of the Gender Equality Law,
etc





Diverse methods at a rally
calling for reform of women labor laws.


Participants appeared as
pregnant women (2001. 4. 23)




Everyone from the selection committee picked this struggle as one of the top
10 news of the year. It was a major struggle leading to the start of the
socialization of maternal protection costs. With the formation of the common
body for the reform of worker laws women, legal petitions were submitted and
over 100 statements

were released together with numerous rallies and active campaigns before
legislative passage by the National Assembly on July 18.

As a result, maternity leave was extended to 90 days, paid childcare leave
and reformed  Gender Equality Law went into effect on November 1, 2001.
The significance of the reformed law lies in the socialization of maternity
protection costs, the expansion of maternity protection and applicants for
childcare leave, the strengthening of the Gender Equality Law and the
regulations on sexual harassment, etc. Not all our demands were met but these
were the first steps for future changes. The rights achieved must be
implemented in the workplace and other benefits such as paid abortion leave,
paid maternity leave of the spouse, and family sick leave remain issues to be
furthered expanded.  




3 out of 4 Women In Irregular Work

There is a sharp increase in irregular work for women. What was 62.0% in 1997
rose to 65.9% in 1998, 69.5% in 1999, 73.3% in 2000, and 70.9% in 2001.
 The decrease in 2001 was due to the overall decrease of women workers
in 2000. However ompared to 2000,  there was an overall decrease of
142,000 women workers (168,000 regular workers lost their jobs but there was
an increase of 26,000 irregular workers).

Irregular women workers will continue to rise. Women workers continue to work
as irregular workers as they face severe unemployment and other disadvantages
caused by the sex discriminatory employment practices in the Korean labor
market. Also women who had temporarily left the labor force due to birth of
children or childcare face difficulties in getting re-employed as regular
workers.




Lotte Hotel Fined 30 Million Won - Reason For Not Taking Any
Punitive Action Against Sexual Harassment


The sexual harassment issues arising from the strikes at Hotel Lotte carried
the phrase "Hotel Lotte is even first-class in sexual harrassment." Out of
the 327 cases submitted by the union for investigation, it was found that 32
male staff personnel had harassed 68 women workers. The Hotel management took
punitive action against 22 of the accused perpetrators but delayed any action
against the remaining 10 people on the grounds that it might influence
the civil suits in process against them.

The victims filed a collective petition and on February 4, 2001, the Seoul
Regional Labor Office applied the Gender Equality Law on Hotel Lotte and
fined each of the 10 perpetrators 3 million won per person. This is the first
time such a fine was levied for not taking punitive action against the
perpetrators in a sexual harassment case. Fines have usually been levied when
sexual harassment prevention videos have not been shown.




Movement for the Increase of the Minimum Wage - Increase of
12.6% (hourly pay 2,100 won, monthly 474,600 won
)





Launching ceremony of the
Committee to monitor


minimum wage violations (2001.
10. 23)




Due to the active campaigns calling for the increase in the minimum
wage, an increase of 12,6% was promised by the government instead of the
expected 2-3%. Signature-collecting drives, discussion campaigns, and other
measures were undertaken. These measures
were useful in publicizing the significance of the increase in the minimum
wage and the reality faced by women workers receiving minimum wages  y
increasing public awareness on the issue. Also, the campaign did not stop
with the increase in the minimum wage but continued with the launching of a
common monitoring team to report to the Ministry of Labor the workplace
violations in the practice of the minimum wage and called for measures to
overcome such unfair practices..




First Ever Collective Agreement by Golf
Caddies(88CC)


On July 12, the 88CC Golf Caddies Branch of the KWTU signed a collective
agreement with 88 Tourism Development Inc. This is the first ever collective
agreement signed by golf caddies and has very special significance for
specially-hired workers. Main contents of the agreement were
  recognition of the 88CC branch of the KWTU as the only
representative body for collective agreement, agreeing to discuss matters
related to golf caddies with the union  guaranteeing
union activities  prevention of sexual harrassment and measures against
perpetrators (including visitors)  permission to wear glasses and better
treatment for golf bag carriers  permission for union members to have
access to golf courses. The 88CC branch of the KWTU was formed on October 9,
1999 but was not recognised as workers as they were specially-hired and had
to undertake a long struggle. However, the 88CC branch, through continuous
organizational activities, managed to increased its membership to over
two-thirds of the golf caddies working at the 88 country club. After a long
struggle, they were able to overcome their status as specially-hired workers
and eventually signed a collective agreement.




Struggle to Achieve Labor Rights of Specially-hired
Workers


The active struggles by specially-hired workers against governmental refusal
to recognize them as workers was another big incident. Script writers,
reporters, and DJs formed a broadcasting station branch of the KWTU on August
26 to achieve their rights. A discussion on the three labor rights was held
in October and the consensus was reached that they have been completely
excluded from the application of the labor related laws and social insurance.
During the process, two script writers working at Myunhwa Broadcasting
Corporation (MBC), Daegu, were fired from their jobs with the start of the
new season of TV programs. On October 29, a debate on occupational diseases
by golf caddies was held showing the seriousness of the working conditions
and health problems of golf caddies. The following rally calling for the
achievement of labor rights and the application of the labor laws once agin
clearly showed the reality of golf course working conditions.
56 union members of Daeyong Rumina Country Club who have been fired and on
strike for over ten days, finally, achieved collective agreement with the
company and returned to work on December 18.




Publication of the [History of the Korean Women Workers'
Movement]






Publication anniversary, KANG, In-soon, YI, Ock-jie (2001. 10.
12)




The [History of the Korean Women Workers' Movement] has been finally
published in two volumes after four years' of research. The volumes were
planned by the KWWAU and written by LEE, Okjie and GANG, Insoon and contained
the history of the women workers' movement from the Japanese colonial days to
the 1990s.

The women workers' movement which had been veiled behind the truggles of male
workers in heavy industries has been published by undertaking interviews of
women in the field and through research into historical archives. Women
workers had played an important role in the history of the Korean labor
movement and the women workers' movement had been very active but had not
been properly evaluated.
And so the publication of the [History of the Korean Women Workers' Movement]
is very important in the re-evaluation of the women workers' movement.




KCTU Adopts 30% Women Quota

KCTU has passed a resolution to adopt a 30% women quota in all
decision-making processes. It was passed with the approval of 80.6% (340 out
of 422) of the participants on July 13. In future, the KCTU will reinstate
the quota in the election of officers (with the exception of the chairperson
and secretary-general). The time of reinstatement of the policy will be soon
determined.

Participation by women in decision-making bodies (as of July 2000) such as
the KCTU general assembly is 6.24%, central committee 6.97%, central standing
committee 4.34%, steering committee 0%, and with the exception of the rate of
women participation in the health and medical workers union, only 23.3% of
women worker participation
could be seen. Women unionists had long demanded a women quota system and the
passage of reformed regulations have allowed women to have more say and more
opportunities for organizational expansion. Also, the National Teachers'
Union on April 29 has finalized a 50% women quota in all decision-making
bodies.




Board of Gender Equality Decides `Marriage Retirement' of
Full-time Workers as Gender Discrimination


The Board of Gender Equality has decides that the practice of retirement upon
marriage and the re-employing of former full-time workers on a contract basis
as gender discrimination.

The Board on October 8 opened its Committee on the Reform of Gender
Discrimination and has announced that former full-time workers of
governmental agencies who were forced to leave their jobs upon marriage but
re-instated as contract workers doing the same type of work with lesser pay,
were victims of discrimination and decided as such all cases which were
petitioned

The Committee has decided that the employers pay 7 million won as
compensation and  prevention measures to be implemented.




Seoul High Court Upholds Union Membership of the
Unemployed


The Seoul High Court has rejected the appeal by the Seoul City overnment to
outlaw the union membership of unemployed people. The Seoul branch of the
KWWAU has petitioned for the annulation of the rejection against the
formation of the union and the Seoul High Court on September 19 announced
that "it is not fair that the establishment of a union be rejected due to the
inclusion of unemployed workers”and supported the KWWAU in the matter.


In 1999, the KWWAU which includes unemployed women in its membership has been
rejected by the Seoul City Government and has filed a petition against the
local government decision. The Seoul Administrative Court has in January
decided that "anyone living on some kind of a stipend can be recognized as
workers”and “anyone fighting to achieve collective rights and other labor
rights including unemployed people or people who are temporarily without jobs
as workers”, upholding union membership of unemployed people.




There have been many difficulties in the women workers' movement but
there have also been many achievements. Women workers will continue to fight
to achieve their rights to create a more equal world.

Posted by KWWA
|

Results and Issues of the Labor Laws Related Women Reform Movements


Whang In-soon ● Policy Director, KWWAU

Due to the active campaigns for labor law related women reform, the reform bill passed through the National Assembly on July 18. The ` Solidarity for Labor Law Related Women Wokers Reform' including the KWWAU, other major women's and citizens' groups have actively submitted petitions, opened public discussions for the past year as well as releasing over a  hundred statements in the main headquarters and in the regions with over 20 major rallies in Seoul itself. Also, meetings with political party leaders were held together with meetings with National Assembly representatives and  policy proposals were submitted to the National Assembly. Despite opposition from the economic sector on the socialization of maternity protection costs and the irresponsible attitudes of the labor and the political sectors, the bill on the socialization of maternity costs and equality passed (although not to our complete satisfaction) through the National Assembly.


1. Achievement of the Socialization of Maternity Protection Costs  


Prior to Reform

After Reform

Childcare leave

no pay

- with pay (employment insurance)

Maternity leave

 paid by  employer for
 60 days

- paid by employer for 60 days
- the extended 30 days paid by the government and employment insurance


This reformed bill is just the start of the socialization of maternity costs. The government had announced in 1994 through its Basic Plan for the Welfare of Working Women its plan for the socialization of maternity costs and the plan was finally implemented after 8 years. Maternity costs have largely been the responsibility of the employers and women workers have been fired or forcefully stationed in the regions away from their families in the case of marriage, pregnancy or childbirth. Women workers had to fight against national representatives and the capitalists who argued for the implementation of the bill with economic recovery. Our birth rate being 1.42, lower than that of France and this urgency of the socialization of maternity costs could not be put off any longer.


2. Premise for the Increase of Maternal Protection


Prior to Reform

After Reform

Period of Maternity Leave

60 days (extension
of  30 days after birth)

90 days (extension of 45 days)

Regulations on Dangerous Materials for
Pregnant Women

No regulation

Prohibition of harmful & dangerous jobs


The maternity protection costs outlined in the 1919 ILO Conventions stipulates that maternity leave must be at least 12 weeks (in 2000, this was extended to 14 weeks) Maternity leave was only limited to 60 days in Korea and demands for extension up to ILO standards were constantly made since 1980. The reformed bill though not meeting ILO standards has extended maternity leave to 90 days.
Another important aspect of the reformed bill was the limitations on the handling of chemical products. Women workers have been forced to handle chemical products in their work and this has caused women to suffer from irregular periods, abortions, infertility, birth of abnormal children, etc. The ILO has designated such products as dangerous and harmful materials. The reformed bill clearly outlines that pregnant women, women who had given birth less than a year ago, and women less than the age of 18 are restricted from work harmful to the fetus or to the functions of pregnancy and birth. Women can now receive more concrete maternity protection.


3. A Stronger Employment Equality Law  


Prior to Reform

After Reform

Extended Application

Applicable to  Workplace with More than 5
employees

Applicable to  Workplace with
More than 1 employee

Regulations for Indirect
Discrimination

Not clear

Concrete

Stronger Punishment
-sex discriminatory
dismissal
-unfair treatment due to reasons of childcare leave

-2 years' imprisonment or 10 million won fine

-5 million won fine

-5 years imprisonment or 30 million won fine

-3 years' imprisonment or 2o million won fine


The existing Equal Employment Act has been only applicable to the workplace with more than 5 workers. Since most women workers are in the workplace with less than 5 workers, it is a positive sign that the application of the Equal Employment Act has been expanded. Punitive action has been more concretely outlined in the new reformed bill. Open gender discriminatory practices have lessened but the diverse forms of gender discrimination are still prevalent in corporations. Demands have been made not only to get guarantees for equal employment but also for stronger and more concrete measures against indirect discriminatory practices in accordance with socially accepted views.
The existing Equal Employment Act stipulates as discrimination `the standards and conditions of personnel changes unsatisfactory to any one gender forced upon by the employer’but this did not prevent discrimination in the end. Through the reformed bill, punitive measures will be taken against employers who cannot prove the rationale behind the actions against one sex, either male or female, in cases where the same working conditions have been applied to both sexes but where one sex far exceeds the other in number. And so, even if the employer appears to have no intention of gender discrimination, any action inducing in unfavorable results can be punished under gender discrimination.
On one hand, Korean employers do not make any attempts to abide by the law unless strong legislation exists. Furthermore, employers have just paid fines extending to over a few million Korean won rather than taking measures against gender discrimination.  So the implementation of stronger legislation of the Equal Employment Act in the workplace is a necessary measure as voices of the capitalists have been increasing continuously asking for the relaxation of restrictions against corporations.


4. More Stronger Regulations on Sexual Harrassment in the Workplace  


Prior to Reform

After Reform

Prohibition of
Sexual Harrassment by
Employers

None

-Sexual Harrassment by Employers Prohibited  
-10 million won fine if violated

Sronger Punishment
- if no punitive action has been taken against the perpetrator
- if the prohibitions of unfair treatment
continues

-3 million won fine

-5 million won fine

-5 million won fine

-3 years' imprisonment or 20 million
won fine

People in charge of compulsory
education on the prevention of
sexual harrassment for leased workers

- owner of leased worker
agency

- owner of leased worker agency &
owner of user agency


The regulations against sexual harrassment in the workplace have been implemented since three years ago. The regulations have done more than any other labor-related legislation in the workplace to change social awareness on the matter and workplace culture. However, there were no clauses of punitive action against employers and women harassed by their employers had to suffer in silence. With the reformed bill, employers can be punished under the Equal Employment Act. Although it is only in the form of dues, this has become the premise for the eradication of sexual harassment by employers. Stronger legislation will be undertaken against employers who do not  observe with compulsion all preventive measures of sexual harassment in the workplace.  Also, the regulations stipulate that user-employers of leased workers must hold sexual harassment prevention education in the leased workplace.


5. Expansion of Childcare Leave Applicants & Stronger Protection for People on Leave


Prior to Reform

After Reform

Applicants

Women workers
& Spouses

all workers

Protection measures of people on leave

-No discrimination on childcare leave allowed

-No discrimination on childcare leave allowed
-No dismissal allowed during childcare leave
-reinstatement into posts undertaken prior to leave


In the past, childcare leave was allowed only for women workers and their spouses but the reformed law permits all workers to apply for childcare leave. That is, spouses do not have to be women workers to apply for childcare leave. Furthermore, the new bill makes it compulsory for the employers to reinstate workers into their previous positions in the workplace. So paid childcare leave meant the co-existence of the workplace and the family and the expansions of support measures.


6. Issues Remaining


1) More stronger administrative supervision by government
Stronger government supervision must be strengthened in the workplace to monitor the observance of the newly-introduced legislation. All kinds of illegalities and law evasions can be seen in the workplace. With the existing supervisory powers, the government cannot monitor the observance of the reformed bill in workplace with less than 5 workers. The petitions of the women victims must be taken care of speedily and professionally and it is the role of the government to oversee whether the regulations and preventive measures are observed.


2) Legal Rights as My Rights!
Even though the law has been reformed, many women workers felt isolated. How nice it would be if the employers would observe the laws without the women workers having to fight to achieve their rights. It was only through struggles that their legal rights have been achieved. Now, these women workers will receive paid maternity leave  and paid childcare leave from the employment insurance they have been paying for. To achieve or not achieve legal rights. Women worker awareness must be increased.


3) This is just the start of maternal protection
The `Solidarity for Women Worker Labor Law Reform' has filed a petition in August to achieve paid childcare leave and paid childcare leave for spouses, both issues which have not been settled by the Environmental and Labor Commission. Another issue is family leave which is presently only permitted to government employees. It is now important to monitor if the newly-achieved maternity protection regulations are observed in the workplace as this will be the shortcut to the implementation of measures on omitted issues.


4) Women must rise to acquire maternity protection for other women!
We have long proposed that childbirth expenses of not only women workers but all women especially poor women, must be borne by society and paid from the national medical insurance. But with the onset of financial difficulty faced by the national medical insurance, we have stressed with more emphasis on the application of such benefits for women workers primarily. And with the active support of women's groups, the socialization costs of maternity protection of women workers were achieved and maternity protection expanded. Now all women workers should rise to achieve maternity protection for other women. Only then could we protect with safety our maternity rights so achieved.


5) All unfair treatment due to the lessening of controls on the protection of women must be stopped
While equal employment and expansion of maternity protection has been achieved, protection measures of women were relaxed. With the exception of pregnant women, all women over the age of 18 have to do the same amount of overtime work as men (existing regulation: 2 hours a day, 6 hours a week/ reformed bill:  12 hours a week). With the exception of pregnant women, all women over the age of 18 can work at night or on holidays at their own consent without the approval of the Minister of Labor. Also in certain jobs which require women to work in a mining pit temporarily (not requiring physical labor), women have now no choice but to work in the pits. It is true that women who had to make a living, who did not want to be fired from their jobs, and  wishing to receive equal pay and chances for promotion have worked more than the legal working hours on holidays and at night. Any worsening of working conditions or unfair treatment by employers without the consent of workers must be actively exposed to the relevant authorities and strongly publicized in society.

Posted by KWWA
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Inha Uni. 35-Day Struggle for Employment Succession
-struggle by contracted women cleaners, Inha Uni. Inha College branch-


Hwang Yong-mi ● KWTU Incheon Branch, vice-president


Dispatching Branch President to Cleaning Apartments
9In 1999, the services company unilaterally changed its mode of contract to the system of annual wages. And said that severance pay and bonuses as promised on recruitment are all included in the annual wages. This meant that severance pay and family allowances were all contained in the monthly salary of 500,000 won. The severance pay promised was unilaterally done away with.
Some people who left the company had filed a petition to the local labor office to receive their overdue severance pay and it was only then that people found out severance pay must be paid even in the system of annual wages. Then the company changed from the annual wage system (with severance pay) to the system of monthly wages and pressured people to sign a contract with a 30,000 won deduction from meal benefits. CHOI, Ok-soon (the president of the branch) refused to sign and the company dispatched Ms Choi to clean apartments as a retaliatory measure.
This was an unfair measure against Ms Choi and she promptly contacted the student body asking them for help who in turn contacted the KWTU. "We need to form a union but don't know how and so I just ran for help to the student body. That's when I knew that the KWTU existed.."  


The Emotional Formation of the Branch Union
The branch union was formed on October 24, 2001. "This is still like a dream and not reality. We have been recruited as a cleaners some 10. 13. and 17 years ago, and most of workers are in their 50s and some in their 60s. We never thought we would see a day like this. People have to live long. We all thought that unions are for people working in big companies and for younger people. I never thought I would become part of a union," said the oldest woman, with a bright smile, her face lined with the wrinkles of hard work. The inauguration of the union was followed with the election of the president of the union and its officers, with more congratulatory messages from the students of the university. It had not been an easy inauguration because most of the women feared some kind of retaliation from the company.
 
Payment of overdue wages and bonuses
The negotiations with the company on overdue wages and severance pay were not easy. The company complained that their service fees received from the university were small and put off payments to a later date. The company refused to reimburse the meal fees that were deducted. After the failure of the 5th negotiations, union members decided to put on 'irregular workers' vests' and do their work. This struggle ended in 5 minutes but attracted much attention from the school. The company decided to settle all overdue wages, severance pay with a 200% bonus and meal payment of 20,000 won. We struggled together against the company and achieved our demands, something that was unthinkable before the formation of the union, even though we had been working for the same company for over 10 years.


Struggle Against Contract Cancellations
After the formation of the union, the union members worked harder than ever. It was a severe winter and the women worked hard clearing the snow and undertook all kinds of menial duties without complaint. However, as the date of contract renewals drew near, the contracting company Juyong Co. Ltd, set up a new company under a different name (in the name of the wife of the current CEO) and fired two workers in charge of the dormitories. And sent out contract expiration notices to the remaining 34 workers. At first everyone it was a customary gesture. However, setting up a false services company and then sending contract expiration notices meant only one thing - the intention of the company to dissolve the union. A woman worker who had worked for 18 years said, "I have always worked even when the company changes hands. I have never received contract expiration notices. I have never been fired when my contract expired. The important thing is work. What do the mean by firing me?"
The two workers who got fired on the basis of 'work negligence' were known as very hardworking people, even receiving compliments from the university authorities. They have never took a day off from work for 7 years. Other union members have signed a new contract with the new company. The union requested a meeting but the chauffeur of the president of the company came out and said, "the president sees no necessity to meet." A few days ago, the president of Juyong Co. Ltd., had promised employment succession but under the new company in his wife's name, he refused to meet with the union.


35-day struggle under the hot sun
The struggle  to go back to work started the next day of the dismissal. Union members wore 'irregular worker vests' and worked. Ms Choi who worked only for half a day was forced to do work amounting to a day's work. She started her work very early in the morning to finish her work and in the afternoon, immersed herself in union activities.
Union members held a rally during lunch time at the main entrance to the university. Everyone was self-conscious at first and could not even shout their slogans but after a while, they could speak for 20 to 30 minutes in the rallies. It was indeed a tremendous change.
The women wore their vests even under the hot sun. It was very difficult for the women to open rallies every day when the temperatures were over 35 degrees. The women went to the university authorities for help but to no avail. They were all thrown out of the office.
The women were angered at such treatment and vowed not to let the matter rest. Petitions were handed out to the students and rallies continued in front of the main headquarters of the university. Students who had staged a sit-in struggle at the dean's office were promised that the university would guarantee the employment succession of the women workers. The students
fought side by side with the women workers from the very beginning.
On the 35th day of the struggle, the university authorities cancelled its contract with the services company and the new services company brought in promised that all women workers would be reinstated to their jobs. The Incheon branch of the KWTU and members of the student body witnessed the signing of the new contract. Union members threw off their vests and hugged each other in happiness. All union members shouted in victory and the two women workers who had been fired wept tears of relief.

Posted by KWWA
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