Increasing Number of Counselling, Two Times higher:
The great majority is married women and main issue is back wages
Lee Ju-Huan (head of the Education Dept. of the KWWAU)
This article is based on counselling undertaken by the Equal Rights Counseling Center of the Women Workers Association in Seoul, Inchon, and Masan & Changwon, and Pusan Women's Association between April and June.
During the last three months the total number of counselling cases was 323 (excluding re-counselling, counselling about seeking jobs), which are two times higher, compared to 161 during the first quarter of this year.
In regards to marriage status, unmarried women make up 30.5% and married women constitute 69.5% of the total number of counselling taken by the Equal Rights Counselling Centers, which means that married women represent a great majority. 77.4 % of their workshops do not set up trade unions.
In terms of the size of their companies, 18.6% work in firms with under 4 workers, 40.1% 5-9, 8.3% 10-29, and 33% over 30. Workers working in companies with less than 10 workers make up 33%. According to types in other sectors, 71.3% are involved in the manufacturing sector, 21.8% in the social and personal service sectors, 4.9% in the wholesale, retail, food and accommodation sectors, 1.6% in the finance and security sectors, and 0.3% in the warehouse and telecommunication sectors. In terms of types of occupations, 57.6% are engaged in production, 24.4% in service, 5.4% in sales, 4.7% in professional and skilled jobs, and 0.3% in administration.
Back wages account for 65.9% of the total number of counselling, which form a great majority. This figure has increased by 21.9% compared to 44% in this year's quarter. This shows that delayed payment in small size companies is the most serious issue. In addition, counselling on lay-off comprises 21.8%, discrimination such as unfair personnell assignment and discriminatory lay-offs comprises 5.5%, changes in working conditions such as wage re-scaling system, adaptation of irregular workers, changes in leave systems compruse 5.1%, and sexual harassment in the workplace comprises 1.4%. On occupational health and safety, only one counselling call was made.
Counselling regarding discriminationn represents the smallest percentage of all, but counselling has increased to 5.5% compared to 3.7% in first quarter of this year. Additionally, counselling on sexual abuses in the workplace decreased to 1.4%, relative to 6.8% in a quarter of this year.
The reason for the low rate of counselling regarding discrimination lies in the practice that women-concentrated departments are usually closed and/or they are replaced by temporary workers in the restructuring process, because directly discriminatory lay-offs targeting women workers will generate social protests.
However, this is not considered discriminatory dismissal. Further, a high number of counselling on actual discrimination is included under the category of lay-offs. Although sexual abuse has arisen in the workplace as reported in mass media, women receive a low rate of counselling about these abuse owing to the fear that they might be fired.
Counselling Cases by Type
- Counselling on back wages is two times higher
- No retirement pay is given after bankruptcy
A counselee worked on publishing a community newspaper. Although the company went bankrupt one and half years ago, it still runs. Workers who retired one and half years ago, obtained a victory after suing the company in the office of Labor, but the company has not yet paid the workers. The counselee has not been paid even though she retired 6 month ago. The office is usually occupied by creditors (by the Equal Rights Counseling Center of Masan-Changwon Women Workers Association ).
- Bills received instead of back wages are dishonored.
I worked for a factory in Namdong industrial complex in Inchon. After the bankruptcy of the company, we selected workers' representative to make a petition. In the course, the company requested to cancel the petition paying bills for retirement pays, which totaled 20 million WON.
When the representative cancelled the petition, a labor officer did not strongly hold him back just saying "Canceling our petition is not good idea. You are paid by bill." Two days later, the bills were dishonored. We have to obtain complicated documents to seize the company properties, but the documents related cannot not be issued because we canceled our petition. Further, we are unable to re-make the petition (by the Equal Rights Counseling Center of the Inchon Women Workers Association).
- The runaway of a company owner after filing bankruptcy
A factory owner in Soknam-dong, Inchon has delayed paying wages to 28 workers. The owner of the company and his brother ran away. Both of them ran away after filing bankruptcy. Although it is said that they are doing another business, no body knows where they are.
Workers took turns watching the factory and selected a representative, but she was very tired of the unkind provision in other counselling centers when a worker visited us. They already made a petition in the Office of Labor. They demanded their back wages in a letter of attorney, but they did not know how (by the Equal Rights Counseling Center of Inchon Women Workers Association ).
- Lay-offs
- Women, first victim for lay-offs
Since May 1, 1998, a shipbuilding company ordered 47 women workers (which compose 25% of the total workforce) to leave their posts and wait for further actions. This was done without any negotiation with workers and violated detailed principles for laying off workers. Recently, this company received smaller orders, but it had made 1 billion WON profits over the last 17 years since the 80s, so the order taken by the company was not regarded as just.
The company had tried to make the workers resign from their jobs, but women workers would not follow. Later the company made a principle that all women workers except the certain number of women (like cooks and secretaries) regulated by laws, must be dismissed.
Workers who were ordered to leave their post and wait for further actions set up a workers' group which was later developed into a trade union. This company established a policy that all workers ordered to leave their posts and wait for further actions for over 3 months, must be automatically fired (the Equal Rights Counseling Center of the Pusan Women's Association ).
After the counselling, all of them were reinstated on June 12.
- Only Married Women, replaced by irregular workers
I heard a rumor that ten married women out of a total 106 workers are going to be changed into contractual workers. I don't know what to do? (the Equal Rights Counseling Center of the Pusan Women's Association).
After the counselling was received, women workers' group in the company protested, so the company now is withholding on changes.
- A company forcing all workers to hand in resignations and selectively accepting only some
In late 1997, an electronic company in Inchon demanded all workers to submit resignations under the excuse of 'financial difficulties of the company'. The company selected only some workers and then operated its factory the next day. But, the company later demanded the workers who were forced to leave change the reason to 'personal problems'. The workers who did not comply with the company's request could not receive any dole because the company did not confirm that they were unemployed (the Equal Rights Counseling Center of the Inchon Women Workers Association ).
- A company forcing all workers to hand in resignations under the reason 'personal problem'
A furniture company asked workers to submit resignations during a morning meeting. Several hours later, the company called groups of workers and forced them to submit resignations. The company forced workers to write resignations not under the reason 'the company 's difficulty' but under the reason 'personal problem' (the Equal Rights Counseling Center of the Inchon Women Workers Association ).
We provided consultation that it is 'against the workers' personal wills so it should be void'. Workers have raised objections and taken steps for making a petition.
- Married women and workers whose partners work at the same companies, first targeted for lay-offs
I worked at an insurance company for 16 years. Last May 6, the company laid off 20-30 married women and workers whose partners worked at the same companies. I submitted a resignation at the company's suggestion. I received one-year pay as resignation pay and severance allowance. I am wondering if I can apply for a dole? (the Equal Rights Counseling Center of the Pusan Women's Association ).
- Counselling on Discrimination
- No jobs given to married women and women workers
I am a union member in a precision company in Changwon. The company has attempted to replace union members who work as clerical workers by temporary workers. Recently, the company has not given any works to married women and women workers who have been working long term. What shall I do? (the Equal Rights Counseling Center of Masan & Changwon Women Workers Association )
- Suspending only women workers longer
In a company in which the majority of workers are male in Changwon, a department was suspended. But, male workers were not affected, only the work of women were suspended for another 4 months. The Office of Labor did not accept women workers' petition concerning violation of the Equality Law and the Labour Standard Law. Could you let us know another way? (the Equal Rights Counseling Center of Masan & Changwon Women Workers Association )
