[vol.27] Special2_ Results and Issues of the Labor Laws Related Women Reform Movements

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.