3. Analysis outcome on counseling case of Equaline commemorating 3.8 International Women’s Day

- Ignorant government on the reality of women workers

- A surge of counseling on maternity right owing to invalid policies

 

 Analysis of 624 cases for 3 months, maternity right comprises 45.4%

 

 Korean Women Workers Association (Jeong Muja, Standing chairperson) analyzed counseling cases of 10 branches of ‘Equaline’ which is counseling window for women worker in order to commemorate 3. 8 International Women’s Day.Analyzed cases is for 3 months up to 2014 February, from 2013 December after publicizing [Case book of Equaline 2013].

 

 The core point of this analysis is that counseling on maternity right comprises the majority. Among 624 cases totally, counseling on maternity right comprises 283 cases (45.4%) and there are 231 cases (37.0%) for working condition, 50 cases (8.0%) for sexual harassment, 12 cases (1.9%) for verbal abuse and attack, 4 cases (0.6%) for gender discrimination, 44 cases (7.1%) for others. Last year, counseling consisted of 1,154 cases (43.7%) for working condition, 1,129 for maternity right, 236 cases (8.9%) for sexual harassment, 87 cases (3.3%) for gender discrimination, 37 cases (1.4%) for verbal abuse and attack. It shows counseling on working condition were more than counseling on maternity rights in 2013.

 

 It seems that the reason why counseling on maternity rights has increased in this year is because of confusion arising from big gap between the reality and government’s policy announcement to reinforce maternity right like announcement of ‘support measure fit to working women’s life cyclefor continuing career’.

 

 According to counseling cases, there are many cases like being bullied after telling about pregnancy to a company and forcing to come back to work after having only 60days for maternity leave, though 90 day maternity leave is secured by law. Especially, in case of non-regular workers, there were even cases of simple inquiry asking if non-regular worker can take maternity leave and child-care leave. In case of counseling on child-care leave, there were continuous cases of getting to know being dismissed in child-care leave and of being refused return after child-care leave. Park GuenHye President promised to make a country where ‘pregnancy and delivery are blessing, but, in reality, it is shown that many women workers worry about being fired from company once they get pregnant.

 

 Especially, government has been insisting that as ‘women resign their job to take care of their children, it is needed to create ‘part-time jobs’ for women to manage both child-care and work, but the majority of clients say that they want to continue to work if they can take freely maternity leave and child-care leave. In reality, there were many cases to inquiry about whether they can receive unemployment benefits in case they have no choice but to quit their job due to pressure by employer. It is mostly because struggle against unfair dismissal during being pregnant is difficult and most of those women work at small scale company where substitute worker scheme is not implemented at all. 83% of clients work at workplace with 50 personnel or less and 10% of clients even work at workplace with 10 personnel or less. Some of clients even asked whether they should hire a substitute in order to take child-care leave.

 

 Government is required to take action by large scale to promote so that both employers and employees can understand well about labor right and maternity rights and violation against those rights is illegal.

 

 Many cases of violation of maternity leave at daycare center, steady increase in counseling on paternity right

 Clients confused due to the Ministry of Labor not showing active will to ensure maternity rights

 

 There are outstanding cases on maternity leave by teachers at a daycare center who are in charge of social child care. In case of teachers at a daycare center, with reason that if teachers change, children would feel confused or that it is difficult to utilize substitute teachers, counseling cases showed that maternity leave or child care leave is not provided to them. Even there was a director of daycare center who forces teachers unconditionally to quit the job saying “there are many head-ache if maternity leave or child care leave are given”. Considering that government states “will expand public childcare for working women”, policy and system are required, it seems, in order to secure working condition and maternity rights for women workers. However, many of clients come to Equline after listening “it can’t be helped” from the Ministry of Labor when they made complain on maternity right, which shows that the awareness of government on maternity rights fails to meet the level of women workers. Government should take action for precautionary measures, instruction and inspection so that policy could be better implemented, rather than response to cases that happened terribly.

 

<A director's persuasion for resignation in a nursery school>

 I am working at a public nursery school as a child-care teacher. With the delivery in next February, I said that I would like to use maternity leave and child-care leave and return to the work. The director replied that maternity leave can be taken but child-care leave can’t for various reasons related to operation.Being heard about use of substitute worker, the director forced me to quit the job saying that married women always take an early leave and don’t go for training, they are not any better than single women. What I can do to deal with the director? (December, Busan)

 

 Among counseling on maternity right, the number of male client continues to increase. During period for this analysis, counseling from male client comprises for 8.2% of total. Last year, it was around 5%. The majority of counseling by male client was related to paternity leave which converted to 3day paid leave. There was also counseling about expansion of period available for child-care leave up to 8 year old child.

 

 Measures needed to counteract cases of cut of wage through making ill use of provision for rest-time

 Looking at counseling on working condition, delayed payment of wage account for the most, 39.4% with 91 cases again this time. These are cases that employers don’t pay the delayed payment and severance pay although employees quit the job due to delayed payment.Also there were pretty many cases to ask whether there are ways to receive the difference in case that they have being paid less than minimum wage at a part-time job.

 The most outstanding case among counseling related to working condition is to pay less by abusing the provision for rest-time which stipulated in the Labor Standard Act. Making bad use of the provision of 30 minute rest-time in 4 hours, cases to be paid after deducting amount for rest-time despite of not having been able to use the rest-time in reality were reported in Incheon and Gwangju. To deal with this concern, labor inspection and measure by government are required.

 

<Is it lawful to deduct30 minute payment in 4 hours working time as rest-time?>

 I work for 4 hours from 5pm to 9 pm. I received wage only for 3 and half hours. I asked shop manager and he said that he had told me at the very beginning that only 3 and half hours would be considered for working hours since the law stipulates that 30 minute rest-time is deducted from 4 hours working time. However rest-time is not given separately and we have meal in our spare time. Then, is it lawful to deduct 30 minute payment in 4 hours working time as a rest-time? Or should I report this? <January, Gwangju>

 

 Amid that poor working condition of high school student intern become social issue, Equalinereceived a case of sexual harassment against high school student intern. This was a case that a high school student in 3rd grade, who has been working since last November and supposed to employ as a regular worker, quit the job due to constant sexual harassment by bosses at the workplace. This client wanted apology from perpetrator and punishment.

 Beside, after recentbroadcasting news on a ‘battered telemarketer’, working condition, which is nearly human right abusive, became a social problem, but counseling on verbal abuse and attack continues.