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Case studies from the Equal Rights Counseling Center (Equality Hotline) from September 1997 to August, 1998
Studied by the Equal Rights Counseling Center, Korean Women Workers Association United
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Translator's note : This is a section of a larger research paper. The definition of "temporary workers" in Western countries is not identical to that in the Korean language, because forms of employment in Korea are very distorted. Therefore, we differentiate workers into "temporary workers", "irregular workers", and "dispatched workers". The term of "irregular workers" includes various groups of workers such as day workers, hour-based workers, contractual workers, temporary workers, part-time workers, and students earning pocket money (the so-called 'arbite' in Korea). As a type of "irregular workers", "temporary workers" have certain terms (usually 1 year) of contracts, while regular-based workers do not have written contracts. 'Dispatched workers' in Korea have contracts with manpower agencies. However, they are largely employed on the temporary basis by manpower agencies. They seldom receive the benefits to which they have rights under Korean labor laws. They lack job security.
I. Analysis of counseling
II. Cases of counseling by type
1) job insecurity (back wages/ lay-off/ one-side changes in working conditions)
2) cases of gender discrimination (employment discrimination/ unfair and discriminatory promotion/ early retirement)
3) sexual violence in the workplace
4) maternity protection/ child care
5)others
I. Analysis of Counseling
Duration of counseling : September, 1997 ~ August, 1998
Total cases of counseling : 862 cases (excepting re-counseling)
<Figure 1> analysis of counseling by type
discrimination 5.1%
occupational diseases 0.4%
maternity protection 0.1%
sexual violence in the workplace 3.4%
job insecurity 91%
Counseling cases (not including re-counseling cases) total 862 cases. Amongst 805 cases excluding 57 cases classified as others, counseling about job insecurity (733 cases) constitutes 91%. This figure represents a dramatic increase, compared to 51.7% between September 1995 and August 1996, and 56.6% between September 1996 and August 1997. This increase is largely due to increased counseling in withheld back wages and lay-offs due to the rapid-spread of employment insecurity, especially amongst women workers in small and medium size companies and extremely small companies. In addition, counseling on discrimination accounts for 41 cases (5.1%), sexual violence, for 27 cases (3.4%), and maternity protection for 1 case (0.1%).
Percentage of counseling on employment insecurity
September, 1995 ~ August 1996
September 1996 ~ August 1997
September 1997 ~ August 1998
Employment Insecurity
51.7%
56.6%
91%
Counseling on back wages accounts for 66.2% (485 cases) of the total cases of employment insecurity. In addition, counseling about lay-off consists of 176 cases (24.0%), threat of loss of employment such as worsening working conditions and changes to irregular employment of 60 cases (8.2%), and individual dismissals, of 12 cases (1.6%).
Counseling analysis on employment insecurity by type
threat of loss of employment 8%
individual dismissals 2%
lay-offs 24%
back wages 66%
The major reasons told to workers regarding back wages are bankruptcies, factory shutdown, shop closure, and business transfer. Advised resignation is typical amongst the classification into lay-off. There are also a variety of types of lay-offs such as selective acceptance of resignation after compelling resignation to all workers, line closures, department mergers and amalgamation, and putting workers on a waiting list.
Analysis on counselees
1) Higher percentage of married women in counseling cases
Unmarried women make up 296 cases (36.2%), and married women 521 (63.8%) (except 45 cases with no responses), which means married women compose a higher percentage amongst all the counselees.
Between September 1995 and August 1996 unmarried women accounted for 46.2% and married women for 53.8%, and between September 1996 and August 1997 unmarried women for 39.6% and married women for 60%. This shows counseling to married women has been increasing.
Counseling ratio between unmarried and married women
Sep. 1995~ Aug. 1996
Sep. 1996 ~ Aug. 1997
Sep. 1997 ~ Aug. 1998
Unmarried
46.2%
39.9%
36.2%
Married
53.8%
60%
63.8%
2) High increases in counseling for workers in companies with no unions
Except 23 cases with no responses, organized workers represent 124 cases (14.8%), and unorganized workers represent 715 cases (85.2%) an overwhelming proportion, amongst the total 839 cases. There has been a marked increase in counseling for unorganized workers (72.5% between September 1995 and August 1996, and 79% between September 1996 and August 1997).
Percentages of counseling to unorganized workers
Sep. 1995~ Aug. 1996
Sep. 1996 ~ Aug. 1997
Sep. 1997 ~ Aug. 1998
Unorganized
72.5%
79%
85.2%
3) Size of workplaces
Counselees from enterprises with less than five workers accounted for 20% (172 cases) of the total 861 cases except five no-answer cases.
4) The largest groups: manufacturing sector workers
Workers in the manufacturing sector are the largest group, composing 460 cases (53.7%) by industry. Also, social and personal services consist of 253 cases(29.5%), wholesale, retail restaurants and accommodation of 48 cases (5.6%), finances and insurance of 27 cases(3.2%), storage and telecommunication of 4 cases (0.5%) and 65 cases (7.6%) identified as other.
5) The largest groups: production workers
Production workers accounted for 42.4% (364 cases) of the total 859 cases excluding 3 cases with no responses, which is the biggest group by occupation. In addition, clerical workers made up 210 cases (24.4%), service included 93 cases (10.8%), professional skilled workers included 79 cases (9.2%), sales included 67 cases (7.8%), administration and management included 5 cases (0.6%) and 41 cases (4.8%) identified as other.
Counseling regarding production jobs has been increasing (compared to 26.2% between September 1995 and August 1996, and 31.7% September 1996 and August 1997). This rise in statistics means that employment insecurity has worsened over the last three years.
Percentage of production workers counseled
Sep. 1995 ~ Aug. 1996
Sep. 1996 ~ Aug. 1997
Sep. 1997 ~ Aug. 1998
Production
26.2%
31.7%
42.4%
Analysis of counseling types by region
Equality Hotline : Seoul Women Workers Association
Sexual violence : 16 cases (10.2%)
Discrimination related issues :12 cases (7.6%)
Threat of loss of employment : 24 cases (15.2%)
Lay-offs : 33 cases (21%)
Occupational diseases : 1 case (0.6%)
Back wages : 71 cases (45.2%)
Other : 28 cases
Equality Hotline : Pusan Women's Association
Sexual violence : 9 cases (5.7%)
Discrimination related issues : 3 cases (1.9%)
Threat of loss of employment : 6 cases (3.8%)
Lay-offs : 43 cases (27.2%)
Occupational diseases : 2 cases (1.2%)
Back wages : 95 cases (60.1%)
Other :22 cases
Equality Hotline : Inchon Women Workers Association
Sexual violence : 2 cases (0.4%)
Discrimination related issues : 22 cases (4.6%)
Threat of loss of employment : 40 cases (8.4%)
Lay-offs : 98 cases (20.6%)
Occupational diseases : 1 case (0.2%)
Back wages : 313 cases (65.7%)
Equality Hotline : Masan & Changwon Women Workers' Association
Sexual violence : 0.0%
Discrimination related issues : 4 cases (28.5%)
Threat of loss of employment : 2 cases (14.3%)
lay-off : 2 cases (14.3%)
Occupational diseases : 0.0%
Back wages : 6 cases (42.8%)
Others : 7 cases
Counseling trends
- There has been a rapid increase in the percentage of unorganized workers counseled who working at very small size companies and married women.
- Employment security related counseling makes up 91% of all counseling. This shows the significance of this issue compared to those in previous years. Counseling on withheld back wages was the highest amongst employment related counseling.
- Counseling on gender discrimination is relatively low.
- Counseling on maternity protection and occupational diseases is relatively low.
Counseling on back wages represents the largest proportion of all the counseling cases from the Equality Hotline. It is the most common issue among workers regardless of gender in small and medium size companies and in very small companies. However, since 62.9% women find themselves work in very small companies with 5 or less workers and they are irregular workers, women find themselves in more serious situations.
One reason for the low percentage of discrimination-related counseling, is the rapidly increasing trend of anomalous and indirect lay-offs. Outright discriminatory lay-offs are considered social issues (not work-related issues). Recently, rather than placing obviously discriminatory pressure on women to resign, companies prefer to close or eliminate women-concentrated departments and tasks under the excuse of managerial difficulties, driving irregular women workers into "willing" retirement. For this reason, discriminatory lay-offs are not clearly and obviously identifiable as discrimination against women. Due to the threat of dismissal, women are not able to take affirmative actions against discriminatory issues such as discriminatory promotion, and other kinds of discrimination targeting only women.
Sexual violence has become more serious as reported by the Korean mass media, but counseling about this issue is low due to worries and fears of dismissal.
In terms of maternity protection and occupational diseases, women find it very difficult to claim their rights under the current economic crisis and under the pervasive threat of lay-offs.
II. Counseling cases by type
1) Employment insecurity (back wages/ lay-off/ one-way changes in working conditions)
Withheld back wages
Withheld back wages have increasingly been withheld by the manager due to the worsening managerial situation in very small companies. Intentional failure to pay back wages have also increased.
There has been a rapid increase in counseling about back wages in very small companies due to the current economic crisis. Since very small companies have weak financial bases and are mostly subcontractors, back wages are quite common in the Korean subcontracting structure. However, the issue of back wages has is currently at a most serious and dangerous level. Moreover, workers’ livelihoods of workers are increasingly threatened due to intentional refusal to pay wages under the excuse of managerial hardships, and many companies have attempted to make profits under the excuse of the economic turmoil.
The Ministry of Labor ordered companies to make payment, but retirement grants have not been given.
I worked publishing a community newsletter. Although the company went bankrupt one and half years ago, it is still running. 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 their retirement grants. The counselee has not been paid even though she retired 6 month ago. The office is usually occupied by creditors (Clerical worker, Masan-Changwon Women Workers Association ).
Can I obtain my back wages? The company is still operating, but under a different.
The company I worked for went bankrupt on January 5, 1998 after shutting down its factory on December 28, 1997. However, it set-up another factory and operates in the same area by changing the name of the company and name of its representative. Out of the 130 previous workers about 80 workers have been re-employed on an individual basis. I wonder if I can obtain my one month of wages, bonus and retirement grant (production worker, Masan-Changwon Women Workers Association ).
Many jobs are available in the factory, but wages are still unpaid!
I work in a small company with about 10 workers in Masan. Many jobs in the workplace are available, but the company has not paid our wages for 4 months. I heard the company has announced a shop closure. Can I obtain my wages? (production worker, Masan-Changwon Women Workers Association ).
Promissory 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 a workers' representative to make a petition. In the course, the company requested to cancel the petition by dispensing bills for retirement pays, which totaled 20 million WON. When the representative cancelled the petition, the labor officer did not advise against the action saying "Canceling your petition is not good idea. You will be paid by bill."
Two days later, the bills were dishonored. We have to obtain complicated documents to seize the company properties, but the related documents cannot not be issued because we canceled our petition. Further, we are unable to re-make the petition (production worker, 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 running another business, nobody knows where they are. Workers have been taking turns watching the factory. They selected a representative, but she was very tired of the unkind provision in other counseling centers when she visited us. They have already made a petition to the Office of Labor. They demanded their back wages in a letter of attorney, but they did not know how (by the Equality Hotline of Inchon Women Workers Association ).
How can I obtain my back wages in the case of an unregistered company?
I worked at a company with 7 ~8 workers. About two months ago, the company owner disappeared without paying us our wages. But, a male co-worker claimed he would take managerial responsibility and asked us to work hard. So, 2~3 married women worked for the two months, but he suddenly denied our payment claiming no profits have been made. He does not care if we take a legal action or not. I am asking for counseling about whether some assistance is available or not, although I know it is very difficult to obtain my wages because the company is unregistered (Manufacturing sector, Pusan Women's Association).
No payment due to financial difficulty
I worked as bookkeeper in a tutoring institute for one and half years. I did not sign a contract when I started working. The owner claims he cannot pay me because of the current economic crisis. I am wondering if I can receive my retirement grant.
How I can work without wages!
"I am a 35 year old seamstress with 10 years working experience. I worked in a garment factory for two years putting my two children in a child-care center. But, the company didn't pay my wages, and finally, I grudgingly resigned in November, 1997. The company said its current situation was so difficult that it's continued to delay paying me. I thought I'd better stay at home to take care of my children, but because my husband, a day worker has recently lost jobs due to the current economic situation I had to find a job. However, in my new job, I haven’t been paid. I don't know how to handle this matter because other workers and I are scared of being fired under this employment crisis, even though we want to demand our wages. We had the opportunity to chat with others working in the previous working condition, now we can’t do so. We desperately need work because of the worsening atmosphere in the workplace." (a seamstress, Seoul Women Workers Association)
Not even a penny can be paid to me because of the difficulty in running the tutoring center
I am working as a tutor in a child-tutoring center. They have delayed paying me for five months, saying the center’s economic condition was serious. The owner keeps saying it has to be closed due to business difficulties. Tutors in the center sued him in the office of Labor, but we are unable to make our claims heard in this case because he was found with no property left. So, we sued him again in the prosecutor’s office. I am wondering how I can get my wages back? (March, Equality Hotline of the Masan-Changwon Women Workers Association)
Dismissal and further back wages
I worked as a supervisor in a production line in a small textile company. I was dismissed on December 31, 1997 under the excuse of worsening management. Two months’ wages and my retirement grant haven't been paid yet. (production worker, Pusan Women Association)
My wages have been continuously delayed
I work as a production worker in a very small company with other five workers. However, I was only paid two months’ wages several months ago because of its difficult situation. However, now my wages have been delayed for 4 months. I can't work any more. Although I know the company is in difficult situation, I can't work without payment. Is a binding power available to me if I file complaint against the company? (Production worker, Pusan Women's Association)
Wages are continuously delayed despite the availability of many jobs
I am working with 10 other workers in a very small company in the Masan EPZ. The owner hasn't paid our wages for 4 months even though many jobs are available. In addition, he said he has notified the authorities of shop closure. How can I get my wages? (Production worker, Masan-Changwon Women Workers Association)
Unpaid retirement grant
I worked for 7 years in the canteen of a tutoring institute in Pusan for seven years. I finally retired in November 1997. However, my retirement grant has not been paid, which was supposed to be given in February. What should I do to get the grant? (employee in a canteen, Masan-Changwon Women Workers Association)
The company doesn't pay a retirement grant
I worked for a company for three years in the Masan area. Among 56 workers, 10 have been laid off and two have voluntarily retired. Although a discharge allowance is provided, but our retirement grant so far has not been paid. I want to know how to get back my retirement grant? (Production worker, Masan-Changwon Women Workers Association)
I haven't been paid for 5 months
I work as a paper hanger with 5 to 6 other workers. The chief of the group in charge of money matters, but hasn't given us any money for five months.
Can I receive a back bonus?
I worked at an electronic company in the EPZ. Bonuses were supposedly to be paid in December, 1997, but have been delayed since May. When I retired on January 10, 1998, the company only paid me a retirement grant. Can I receive my back bonus?
Forced overtime work without any payment
I am working at a garment factory. The company has forced workers to work until 9 or 10 p.m. for several months without any payment. Initially 30 workers worked together, but now the number of workers has been dwindled to 15. However, the owner hasn't employed any more workers. I have actual difficulty in going to work because my child is very young. However, the company seems to be in a difficult situation. Since the family members of the owner started working with us, it is difficult for me to demand my back wages. What do you think I should do? (Production worker, Seoul Women Workers Association)
Lay-off and unfair dismissals
2-1 Increasing illegal lay-offs and threats of loss of employment
We found that workers did not know the law about lay-offs during our counseling sessions. Even though legalized lay-off does not mean that workers can be fired at any time, in reality managers easily dismiss them without any legal or objective basis. Especially, in the workplaces where there are no trade unions or in very small companies, workers are in precarious situations and are forced to submit resignations. Moreover, this has brought about another problem. Unemployed workers are not eligible for unemployment benefits, if they retire under the reason of 'personal reasons'. Most women workers work in very small companies. Many stop working because they are advised (actually forced) to resign by their employers. Direct and obvious dismissals have become social issues. Unfair employment such as the transfer into irregular workers and job relocations have become more prevalent.
2-2 Forced submission of resignations
A company forcing all workers to hand in written resignations under the pretext of 'personal problem' and then 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 on the following day. But, the company later demanded that the workers who were forced to leave change the reason of their resignation 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 (production worker, 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' (Production workers, 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.
A company forcing workers to retire without any severance pays or compensations
I worked for a pipe-making company with about 20 workers for 6 years. However, the company laid off many workers and I have also been forced to resign. The company has forced me to resign without any provision of compensation or severance pays, either. I feel it is unfair to lose a job without any compensation. I have worked very hard. That's why I have resisted to the submission of my resignation. Could you help me know how to do? (manufacturing sector, Pusan Women's Association)
2-3 Selective acceptance after forcing submission of resignations
I was fired
I am unmarried in my 20s. I worked in the General Affairs Dept. of an importer of machine tools for over a year. The company contacted all workers individually to demand them to submit their resignations, and then it re-employed only some. However, in that process 7 workers (three women among them) were dismissed in the first round. The company has currently stopped issuing its own newsletters and transferred workers of the General Affair, Trading and Management depts. into the sales promotion dept. The company has threatened to dismiss more workers. I've handed in a petition to the Office of Labor after being dismissed, but I am not sure of what I have to do? (clerical worker)
I was fired just before one of the greatest national celebration
I worked for a publisher of colored placards, but out of 5 workers three including me were laid off and only two are left. I’ve felt helpless. I was dismissed just before our national celebration and I need money. (Pusan Women Association)
2-4 Individual dismissals
Fired just a day before completing a three month trainee period
I worked in an electronics company in Changwon. Three trainees including me were dismissed just one day before we completed the training. The trade union officer told us that the union was not able to fight for us, because it does not cover dismissals during the trainee period. Moreover, he was not sure whether our case justified mobilizing all workers. Is there any way for us to continue working? (Production worker, Masan-Changwon Women Workers Association)
A company engaging in workforce reduction
I didn't mind my work assignments - planting grass and cleaning the golf course. The company has fired many workers out of the original 50. In the end, I was also fired. I am in urgently need of finding a job, because my husband is injured and handicapped, and I have a child attending university. (Pusan Women Association)
I was fired because of my old age
I am a 62 year old woman worker who joined a garment factory employing 55~ 60 workers in 1997. On January 20, 1998 I had worked there exactly a year. However, I took a sick leave on January 5 because I broke my arm, and resumed my work on March 4, 1998. On March 14, 1998 they fired me because of my age and it is easy for these to find a replacement for me. While my wage was set originally at 0.5 million WON a month, I actually received 0.48 ~ 0.5 million WON deducting some money put aside for retirement grants and medical insurance. In March I didn’t received wages for 10 days’ work and the company insists that they will not pay me a retirement grant because I did not work for there for a full year.
discriminatory lay-off
Married women, and women workers whose partners also work in the same workplace, are forced to resign
Twenty-three women workers working in the research centers of an electronics company in Seoul and Kwangju were suddenly asked to resign without any advance notices. Most of them were married or women whose partners also work in the same workplace, they included pregnant women and women on maternity leaves. The company used a variety of means. It sometimes promised to pay three month wages and bonus to the workers willing to retire, but it also forced pregnant workers to retire. Women workers forced to resign, protested against the company. Although we made a petition to the office of Labor by internet and presented our case in newspapers, no positive resolution has yet been found. (clerical worker, Seoul Women Workers Association)
Married women and workers whose partners work in the same company, are targeted first for lay-offs
I worked as a clerical worker at an insurance company for 16 years. On May 6, 1998, the company laid off 20-30 married women and workers whose partners worked in the same company. I submitted a resignation under the company's suggestion. I received one-year pay for the resignation and severance allowance. I am wondering if I can apply for unemployment payment? (clerical worker, Pusan Women's Association ).
A company threatening to lay off married women and long-term women workers
I have worked at a company in the EPZ. The total number of workers are 240. We decided not to claim the bonus of 200% in February because of the national economic crisis, 1998. In contrast, the company threatened to lay off 80 workers. We did overtime work every day for months, but the company is insisting on laying off workers claiming that orders have suddenly been reduced. In particular, married women and workers working who have long been there have been on the verge of being fired. A union president also agreed that “old people have to give up their jobs for the young.” What can I do if I am laid off? (Equality Hotline of Masan & Changwon Women Workers Association)
Women, first victims of lay-offs
Since May 1, 1998, a shipbuilding company has ordered 47 women workers (which compose 25% of the total workforce) to leave their posts and wait for further action. This was done without any negotiation with workers and violated detailed guidelines on laying workers off. Although this company has only received smaller orders, lately, since it had made 1 billion WON in profits over the last 17 years, the women’s dismissals were not regarded as unjust.
The company tried to make the women workers resign voluntarily from their jobs, but they refused. Then, later the company issued a guideline indicating that all women workers except a few such as cooks and secretaries whose jobs are regulated by laws, must be dismissed. The workers who were ordered to leave their posts and wait for further action set up a workers' group later became a trade union. The company’s policy was that all workers ordered to leave their posts and ordered to wait for further actions for over 3 months, must automatically be fired (the Equality Hotline of the Pusan Women's Association ).
After counseling, all of them were reinstated on June 12.
All women workers in a department are dismissed
I worked at a company with top-line and up-to-date information processing technology. The company fired three workers in my department. All of them are women. I expect to be fired too. Can I apply for an unemployment benefits? (professional work, Pusan Women Association)
Only women tutors are fired
I worked as a tutor teaching Korean in a children’s tutoring center which employed 4 men and 6 women. The center forced three workers (all women) to resign under the pretext of its financial difficulties, just paying them 0.1 million WON in severance pay (Tutor, Pusan Women Association).
A company forcing voluntary retirements on women
I am a married woman going to an electronic company in Changwon. Recently, the company gathered voluntary retirees to replace clerical workers with dispatched workers and part-time workers. The company has insisted that I work as a 6 month part-timer. A manager in charge of my section thought that I would terminate my job after that time. He has threatened to remove me when I said that I would continue working. In my department I am the only one who was forced to leave it, because I think I am a woman and I am married. There is a similar case in another department, but she thinks it is normal for her to leave. She is surprised that I have resisted the company’s decision. Most people think it is normal that women rather than men are dismissed under the current national economic crisis. What should I do? (production worker, Masan & Changwon Women Workers Association)
Treat of loss of Employment (job replacement by irregular workers and deteriorating working conditions)
Married Women are replaced by irregular workers
I heard a rumor that ten married women out of a total of 106 workers were to be turned into contractual workers. I don't know what I should do (the Equality Hot Line of the Pusan Women's Association).
After counseling, a women workers' group in the company protested; the company is not effecting any changes.
Forcibly turning married women into irregular workers
In the first case of its kind in Pusan, a hotel laid off 240 women workers(constituting 40 % of the total workforce). Among them, 24 married women were forcibly turned into irregular workers. They are organizing in the regional office of the KCTU calling for a halt to unfair labor practices. About 100 workers handed in petitions to the office of Labor and 50 workers are in active struggle. However, the company sent uncompromising notices annulling the married women’s contracts.
The KWWAU was also involved in this protest. The company withdrew the decision (service workers, Pusan Women Association)
Company threatening to turn all women workers into contractual workers
About 20 women workers work at bookkeeping, data processing, and other clerical tasks in H company with 300 workers. The company has planned to turn all women into contractual workers, threatening to fire these who resist. However, in the case of the male workers only those with low achievement will be turned into contractual workers. Is it unfair that all women are targeted without any proper reference to their achievement records? (Clerical workers, Seoul Women Workers Association)
Is it O.K. that my company changes my job classification to that of day- worker?
I am a cook, a regular worker in a social welfare institute in Seoul. Suddenly I am informed that my position has been changed to day worker with a much lower wage of 0.5 million WON, because the City Hall reduced its financial support by half. In other institutes the average wage is 0.6 million WON. I wonder if the institute can reduce my wage and change my job position to a day worker without any discussion?
(Seoul Women Workers Association)
Forcible job relocation into a subcontracting company
My company has re-allocated my job to a subcontracting company demanding me that I retire after materials and machines are moved to the subcontractor’s promises. Since I resisted the decision, the company has forced me to do cleaning, which temporary workers usually do. However, the job was recently terminated. The company informed me of my dismissal several days after its personnel committee met (manufacturing sector, Masan & Changwon Women Workers Association)
Company forcing only women to retire or to change to day workers
I work for publishing a community newspaper. The company asked 15 women workers to transfer to day workers or to resign. What should I do if I am eligible for unemployment benefit after the retirement? (clerical worker, Masan & Changwon Women Workers Association )
Cases of discrimination (unequal employment, discriminatory promotion and early retirement)
Company forcing retirement after marriage
A woman started working on a temporary basis at a company where she was placed by a district office of the Ministry of Labor, and the another women placed by another district office. Both of women were dispatched to a university, and were employed by a manpower agent. The university insists that it will pay 0.79 million WON a month to the workers, but the agent pays them 0.49 million WON a month. The original contracts indicate monthly payments of 0.52 million WON, but the basic wages are 0.33 million WON. So, this means that about 0.3 million a month has been taken by the agent. Ten workers have protested against this. After a worker became married, she was threatened to stop working by the agent. Are there any ways to get the wages taken by the agent, and resist the agent’s threats? (dispatched workers, Seoul Women Workers Association)
Forcible retirement after application for maternity leave
I have worked for 2 years and 8 months as a civil engineer. The company asked me to take unpaid maternity leave but later, asked me to resign after the leave. I am very worried only half a month before delivery. People in the company are reluctant to help me because they are afraid of being fired.
Company training male workers only and putting women on waiting list
We are clerical women workers working in the Seoul branch of an auto-maker, and we are listed for task relocation with other male workers. When the company announced its training program only men were encouraged to participate, and women were excluded. Women are on a waiting list and must wait for another three months. (clerical worker, Inchon Women Workers Association)
Women teachers are banned from wearing pants
A 70 year old principal in a private middle school has banned women teachers from wearing pants. Last year, we, women teachers collected signatures to change this situation, but he became very angry. Whenever women teachers have purposely worn pants, he has disciplined them through the vice principal and head teachers. He has threatened not to give them any classes to teach and to make us work during vacations. I cannot bear this situation (married woman teacher, Seoul Women Workers Association).
Deliberately forcible retirement after pregnancy
In my 20s I have been working in a finance company for 8 years. I am now in my 8th month of pregnancy. A superior often threatens me indirectly saying “she bothers us” to other co-workers. I don’t know what to do in this case where I am directly threatened.
No jobs given to married women or to women workers
I am a union member in a precision-instrument company in Changwon. The company has attempted to replace union members who work as clerical workers with temporary workers. Recently, the company has not given any work to married women or to women workers who have worked long term. What shall I do? (Equality Hotline of Masan & Changwon Women Workers Association )
Suspending only women workers
In Changwon in a company in which the majority of workers are male, a department was shut down. But, male workers were not affected, only the work performed by women was suspended for another 4 months. The Office of Labor has not accept the women workers' petition concerning this violation of the Equality Law and of the Labor Standard Law. Could you let us know another way to protest? (production worker, Masan & Changwon Women Workers Association)
Company suspending only women
I worked at a factory producing paints with other 10 workers. However due to its worsening financial situation, on December 19, 1997 the company forced only women workers to take short breaks. However, we have not heard from the company, and it is the month of January now (production worker, Pusan Women Association).
3) Sexual violence in the workplace
Sexual harassment by managers and co-workers
Usual occurrence of sexual harassment by the president of a company
I have been working for a cosmetic retailer since graduating from a women commercial high school. Previous workers stopped working there because of severe sexual harassment by the president. Even though an employee slapped he has not stopped his harassment. I am very worried so much because my family relies on me financially. I will probably be fired if he knows that I have met you. Is there any way that I can deal with this situation without him knowing that I have complained? (clerical worker, Pusan Women Association)
Habitual sexual harassment by a co-worker
I work as a building cleaner with another woman. Two care-takers for the building have fondled our breasts. They do this often. I want to make a complaint. One of the care-takers rejected by another woman, eventually managed to have her fired after slandering her. (cleaner, Seoul Women Workers Association)
President’s sexual harassment
I have worked for three months for a company. The president of this company forces women workers to sit beside him, and he pats them workers on the shoulder and back, and he makes obscene conversation. His behavior seems habitual. He seems particularly interested in me. I don’t mind if it means losing my job, but I want to shame him publicly.(clerical worker, Pusan Women Association)
Sexual harassment followed by dismissal
I worked for over a year in a clinic with a total number of 6 workers including a part-time employee. The director of the hospital harassed sexually two women workers. We demanded his apology in a discussion with him, but he flatly denied that his behavior was sexual harassment. We were so much at a loss that we just went back home. The following day the chief secretary of the clinic dismissed us with severance pays and a 100% bonus. I can’t accept this situation. Could you let me know how to get my job back (working in a clinic, Inchon Women Workers Association)
Verbal violence and violent behaviors
I was hit by a factory owner
I work in a quarrying factory. The factory owner hit me during a small quarrel. It took me two weeks to recover. I feel it is so unfair that I want to accuse him publicly (January, Equality Hotline of Pusan Women’s Association).
Manager’s insults
I have been working at a shopping center for a year. However a manager with less experience than me (who is 6 years younger than me) makes it difficult for me to continue working. He complains about everything and swears terribly at me. All the co-workers feel the same. ( March, Equality Hotline of Pusan Women’s Association).
Co-worker having a spiteful tongue at married and pregnant women workers
I work in an EPZ. A managerial worker shouts insults to married women, saying “You go to work because your husband is a bad provider. Are you proud of working during your pregnancy?” The trade union has received complaining letters about him sent by his co-workers. However, it is now preparing for collective bargaining and he is also a union member. The union does not consider taking official action against him. Do you have any advice? (Production worker, Masan and Changwon Women Workers’ Association)
I was verbally and physically abused under the excuse of my poor work
I am in my 20s and unmarried. I have worked as a coordinator for a week. One day, a vice head of our department ordered us, three women workers to cut curtains to re-decorate the office. Later he shouted at us saying we had done bad work. When we tried to argue, he got angry. He verbally and physically abused us, and threw newspapers at us. What should I do? Do you think he can be punished? (Daegu Women’s Association)
Cultural Violence
Don’t come to work if you don’t want to drink
I work in a firm employing 15 workers in Changwon. Among us are 10 married women. After a three day training, the company bought alcoholic drinks. Several hours later, when I tried to go back home because I had something to do at home, the president said “Don’t think of continuing to work here from tomorrow if you aren’t going to drink with us.” I walked out shouting “what have nonsense!”. I did not go to work after the next day. I heard that some women workers previously retired because of this and that male workers do not like his oppressive behaviour. I don’t want to continue working there but is there any other way to accuse him? (Masan and Changwon Women Workers’ Association)
4) Maternity Protection/ Child Care
Company insisting that women with menopause cannot receive menstruation leave
A hospital where a trade union is established, checked 40 to 50 women workers about their menopause. Then it insisted it would not provide any menstruation leave to them (Pusan Women’s Association).
Company denying overtime work to women workers who take no breast-feeding breaks
I am a married woman working in an EPZ. The company provides a one-hour breast-feeding break giving each 30 minutes before and 30 minutes after work. The practice has been that the women taking this break would work for another 30 minutes without being paid and would then do 2 hour overtime paid work. However, the company changed this practice. It now only gives women to do overtime work after the women give a note saying that they will not take any breast-feeding break. I think this is an unfair labour practice. The trade union does not regard it as an unfair labor practice because it claims doing overtime work is done on a voluntary basis rather than being regular work. Is there a way to take breast feeding breaks and to do overtime work if we choose to? (Masan and Changwon Women Workers’ Association)
5) Other cases
Can I receive unemployed benefits in the case of retirement “recommended” by the company?
I worked as a clerical worker in an insurance company for 16 years. Branches in Pusan and the South Kyongsang province advised 20 ? 30 married women workers and women whose partners also worked in the same company to retire. I received a retirement grant and a one-year severance pay calculated on my basic wage. However, my departure looks. Can I still apply unemployment benefits? (clerical worker, Pusan Women’s Association)
Is commission for job replacement too expensive?
I found a job in the Young-Kwang Atomic Power Plant through a private temporary agency. The agent asked for 0.2 million WON in advance as a commission. Why should I pay so much? I know it will be used to bribe managers in the plant! I heard that almost all the workers in the plant do not stay more than two months, because the managers make create divisions between the workers by fostering competition for higher wages (Pusan Women’s Association)
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