a worker on a daily basis

KNOW OUR RIGHTS 2008. 2. 1. 17:31
a worker on a daily basis
kwwa  2002-10-28 04:59:47, 조회 : 399

"I was a day worker and worked for a timber mill from 26th of February in 2000 to 30th of September in 2001. I did the same work with men workers, nailing boxes and I got shoulder ache and I had to stop my work. But my company rejected to give me retirement payment because I was a worker on a daily basis and I had no written contract to prove my retirement payment. In addition, the company argued that I quit my job in February 2001 and restarted it again so I didn't work for a year. But, at that time I got hurt and had to rest after getting compensation for my hand injury during two weeks."
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[re] a worker on a daily basis

KNOW OUR RIGHTS 2008. 2. 1. 17:31
[re] a worker on a daily basis
kwwa  2002-10-28 05:01:35, 조회 : 397

>"I was a day worker and worked for a timber mill from 26th of February in 2000 to 30th of September in 2001. I did the same work with men workers, nailing boxes and I got shoulder ache and I had to stop my work. But my company rejected to give me retirement payment because I was a worker on a daily basis and I had no written contract to prove my retirement payment. In addition, the company argued that I quit my job in February 2001 and restarted it again so I didn't work for a year. But, at that time I got hurt and had to rest after getting compensation for my hand injury during two weeks."


-> Retirement payment is the wage for workers to live on after retirement. If the worker keeps working for the same company for over a year, the user should give the worker the retirement payment as much as thirty-day average wage.  
-> To get retirement payment,
* the worker should work at a workplace with five full time workers or more
* the worker should be the 'workers' under Labor Standard Law. thus regardless of their types of employment(permanent, daily, temporary, contract worker and so on), if they provide their labor for the users under relationship of user-worker, they can require their retirement payment.
* the worker should keep working for a year or more. Here, to keep working doesn't only mean continuous working for a year but means actual period of providing labor till the termination of contract.    
So, following cases are included into the period of keeping working.
- taking leaves or working as trade union full time staff
- working as irregular workers such as daily or temporary workers
- transference to a sister company following the user's order and working there
- temporary retirement according to the order of the company and reemployment by the same company
But, in case of giving retirement payment for the situation of the worker and reemploying the worker, this case is not included into the period of keeping working.  

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asked to work for a department of dealing luggage, where men workers mainly deliver luggage and clean airplanes using chemicals

KNOW OUR RIGHTS 2008. 2. 1. 17:30
asked to work for a department of dealing luggage, where men workers mainly deliver luggage and clean airplanes using chemicals
kwwa  2002-10-28 04:58:30, 조회 : 368

"I am a married women worker for an airline company, cleaning in the airplanes. the company announced the 50 % of all workers should be changed into dispatch workers for a man power company. I was told to sign the resignation form and forced to leave the company. As I resisted it, the company ordered me to move to other city. The city  is far from my family and even I was asked to work for a department of dealing luggage,  where men workers mainly deliver luggage and clean airplanes using chemicals."
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[re] asked to work for a department of dealing luggage, where men workers mainly deliver luggage and clean airplanes using chemicals

KNOW OUR RIGHTS 2008. 2. 1. 17:29
[re] asked to work for a department of dealing luggage, where men workers mainly deliver luggage and clean airplanes using chemicals
kwwa  2002-10-28 04:59:08, 조회 : 384

>"I am a married women worker for an airline company, cleaning in the airplanes. the company announced the 50 % of all workers should be changed into dispatch workers for a man power company. I was told to sign the resignation form and forced to leave the company. As I resisted it, the company ordered me to move to other city. The city  is far from my family and even I was asked to work for a department of dealing luggage,  where men workers mainly deliver luggage and clean airplanes using chemicals."



-> To switch job arrangement and to transfer the workers come under the discretion of the user. But, on principle, the discretion should have legitimacy.
We can judge the unjust transference by the following grounds.

- If the worker was asked to agree the change of workplace or occupation contents

- Comparing the necessity of transference with disadvantages which transference can cause to the workers, if disadvantages of worker are outstanding from the general view of the society

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with unilaterally cut wage

KNOW OUR RIGHTS 2008. 2. 1. 17:29
with unilaterally cut wage
kwwa  2002-10-28 04:57:24, 조회 : 380

“I am a hotel room maid and work or a R hotel but belong to a man power company.
After making a new contract with R hotel, the man power company forced me to sign a new contract with unilaterally cut wage. I was told to leave the company if not sign on that."
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[re] with unilaterally cut wage

KNOW OUR RIGHTS 2008. 2. 1. 17:28
[re] with unilaterally cut wage
kwwa  2002-10-28 04:57:45, 조회 : 367

>“I am a hotel room maid and work or a R hotel but belong to a man power company.
After making a new contract with R hotel, the man power company forced me to sign a new contract with unilaterally cut wage. I was told to leave the company if not sign on that."



-> The user should ask the agreement from the workers if the use needs to change the rules of employment, which give disadvantages to the workers. (Labor Standard Law article 97) In this case, the rules of employment include wage, bonus, leave, working hours and so on.
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sexual harassment

KNOW OUR RIGHTS 2008. 2. 1. 17:27
sexual harassment
kwwa  2002-10-28 04:56:30, 조회 : 413

"I'm a dispatch worker and I got sexually harassed at a social gathering after work when I was working with other male dispatch workers. Moreover, I had got sexual harassment at workplace before."

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[re] sexual harassment

KNOW OUR RIGHTS 2008. 2. 1. 17:26
[re] sexual harassment
kwwa  2002-10-28 04:56:53, 조회 : 372

@ "I'm a dispatch worker and I got sexually harassed at a social gathering after work when I was working with other male dispatch workers. Moreover, I had got sexual harassment at workplace before."

- > The user should command disciplinary measures to the wrongdoer and should not give any disadvantage of employment to the victim. The victim can ask the user to do disciplinary measures against the wrongdoer. (Equal opportunity of employment for men and women Law)
- > The user and the employer should have the responsibility to give education programs for the workers for the prevention of sexual harassment at workplace. (Equal opportunity of employment for men and women Law)  

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notified leaders of our trade union to leave the company

KNOW OUR RIGHTS 2008. 2. 1. 17:26
notified leaders of our trade union to leave the company
kwwa  2002-10-28 04:55:23, 조회 : 373

"I'm a golf caddie and a member of Korean Women's Trade Union. Union members asked our company to sit at the table for collective bargaining. But the company refused our proposal and asserted that they didn't need to have collective bargaining with us because we are not workers. Moreover, the company notified leaders of our trade union to leave the company."
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[re] notified leaders of our trade union to leave the company

KNOW OUR RIGHTS 2008. 2. 1. 17:25
[re] notified leaders of our trade union to leave the company
kwwa  2002-10-28 04:56:02, 조회 : 371

@ "I'm a golf caddie and a member of Korean Women's Trade Union. Union members asked our company to sit at the table for collective bargaining. But the company refused our proposal and asserted that they didn't need to have collective bargaining with us because we are not workers. Moreover, the company notified leaders of our trade union to leave the company."
  
-> The representative of trade unions should have responsibility for collective bargaining and collective negotiation with the use or representative of users for the workers. ( Trade Union Act article 29)
- > The user, if refuses to have collective bargaining or shows laziness to have, should be sentenced to two-year imprisonment or less, or 20 million won penalty or less.
( Trade Union Act article 81)
-> If the user gives unjust treatment to the workers or notifies the workers of dismissal, it falls under unjust labor practice. (Trade Union Act article 81) If the user hire the workers on the condition that the workers should not join the trade union or leave the trade union, the user should be sentenced to two-year imprisonment or less, or to 20million won or less penalty.  


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