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Ten truths about the law to protect non-regular workers

Ten truths about the law to protect non-regular workers

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05/11/2014

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Ten
 
truths
 
about
 
the
 
law
 
to
 
protect
 
non
-
regular 
 
workers
Chang, Eui-Sung, Director-General,Labor Standards Bureau, Ministry of Labor 
It
 
is
 
already
 
more
 
than
 
two
 
months
 
since
 
the
 
law
 
on
 
protection
 
of 
 
non
-
regular
 
workers
 
entered
 
into
 
force
.
 This
 
legislation
 
has
 
brought
 
aboutmany
 
significant
 
changes
 
to
 
the
 
work
 
sites
 
of 
 
this
 
country
.
In
 
particular
,
Woori
 
Bank
,
Busan
 
Bank
,
Shinsegae
,
Home
 
Plus
,
LG
 
 Telecom
 
and
 
theemployers
 
and
 
the
 
union
 
of 
 
the
 
health
 
and
 
medical
 
care
 
sector
 
arenotable
 
for
 
their
 
actions
 
to
 
promote
 
employment
 
security
 
and
 
equalityfor
 
non
-
regular
 
workers
.
In
 
contrast
,
the
 
E
-
Land
 
Group
 
is
 
cited
 
as
 
a
 
case
 
where
 
the
 
employertook
 
actions
 
against
 
non
-
regular
 
employees
 
by
,
for
 
instance
,
deciding
 
tocontract
 
out
 
the
 
works
 
which
 
had
 
been
 
previously
 
performed
 
by
 
thenon
-
regular
 
workers
.
 The fact is that, although there are many good examples of increasedprotection for non-regular workers in the overall labor market, somepeople are raising their voice for revision of the law on protection of non-regular workers, which gives a misleading impression that the new law isfaulty and further increases misunderstanding and uneasiness about thelaw.
There
 
are
'
many
 
cases
'
where
 
the
 
purpose
 
of 
 
promoting
non
-
discrimination
 
and
 
 job
 
security
'
for
 
non
-
regularworkers
 
has
 
been
 
implemented
We
 
need
 
to
 
have
 
an
 
objective
 
understanding
 
of 
 
what
 
is
 
happening
 
now
.
Accordingly
,
it
 
is
 
very
 
significant
 
at
 
this
 
moment
 
to
 
clear
 
away
 
all
 
themisconceptions
 
about
 
the
 
law
 
on
 
protection
 
of 
 
non
-
regular
 
workers
 
andlook
 
into
 
the
 
genuine
 
aspects
 
of 
 
the
 
law
.
Here
 
are
 
ten
 
truths
 
about
 
thelaw
 
and
 
relevant
 
developments
:
 
 Truth
 
1
. 
 The
 
first
 
and
 
foremost
 
purpose
 
of 
 
the
 
law
 
on
 
protection
 
of 
 
non
-
regular
 
workers
 
is
 
to
 
eliminate
 
discrimination
 
against
 
non
-
regularworkers
.
However
,
it
 
is
 
not
 
practical
 
to
 
expect
 
that
 
non
-
discriminationwill
 
be
 
accomplished
 
overnight
.
It
 
costs
 
money
 
to
 
achieve
 
the
 
goal
 
of non
-
discrimination
.
 Therefore
,
it
 
should
 
be
 
understood
 
that
 
bettertreatment
 
and
 
non
-
discrimination
 
for
 
non
-
regular
 
workers
 
could
 
berealized
 
on
 
a
 
gradual
 
basis
 
within
 
the
 
limit
 
of 
 
individual
 
employers
'
ability
 
to
 
pay
.
 Truth
 
2
. 
 The
 
law
 
on
 
protection
 
of 
 
non
-
regular
 
workers
 
does
 
not
 
providefor
 
converting
 
non
-
regular
 
workers
 
into
 
regular
 
ones
 
as
 
its
 
highestpriority
.
It
 
is
 
true
 
that
,
under
 
the
 
law
,
fixed
-
term
 
employees
 
shall
 
havethe
 
right
 
to
 
become
 
regular
 
ones
 
once
 
they
 
work
 
for
 
longer
 
than
 
twoyears
.
Still
,
becoming
 
a
 
regular
 
employee
 
is
 
not
 
always
 
the
 
bestsolution
:
as
 
many
 
as
 
51
.
5
%
of 
 
non
-
regular
 
employees
 
have
 
chosen
 
towork
 
for
 
a
 
non
-
regular
 
 job
 
of 
 
their
 
own
 
accord
.
What
 
is
 
important
 
is
 
toensure
 
that
 
non
-
regular
 
workers
 
are
 
not
 
treated
 
less
 
favorably
 
thantheir
 
regular
 
colleagues
 
who
 
do
 
the
 
same
 
or
 
similar
 
work
,
unless
 
there
 
isa
 
 justifiable
 
reason
 
for
 
such
 
unfavorable
 
treatment
.
Conversion
 
into
 
regular
 
workers
should
 
not
 
be
 
theultimate
 
goal
 
of 
 
the
 
law
 Truth
 
3
. 
Woori
 
Bank
 
has
 
created
 
a
 
separate
 
 job
 
category
 
for
 
formerlynon
-
regular
 
employees
 
while
 
endowing
 
them
 
with
 
a
 
regular
 
status
.
 Thissolution
 
for
 
increased
 
 job
 
security
 
and
 
gradual
 
improvement
 
of treatment
 
for
 
non
-
regular
 
workers
 
came
 
after
 
the
 
long
-
held
 
talksbetween
 
the
 
union
 
of 
 
regular
 
employees
 
and
 
the
 
management
 
of 
 
theBank
.
In
 
particular
,
now
 
the
 
formerly
 
non
-
regular
 
employees
 
can
 
enjoythe
 
same
 
level
 
of 
 
non
-
wage
 
benefits
 
as
 
the
 
existing
 
regular
 
employees
.
 This
 
is
 
largely
 
thanks
 
to
 
the
 
unselfish
 
concessions
 
from
 
the
 
regularemployees
 
who
 
agreed
 
to
 
freeze
 
their
 
wage
 
in
 
order
 
to
 
raise
 
a
 
fund
 
forbetter
 
conditions
 
of 
 
non
-
regular
 
employees
.
 Truth
 
4
. 
Similarly
,
Busan
 
Bank
 
has
 
created
 
a
 
lower
-
grade
 
 job
 
category
 
toprovide
 
non
-
regular
 
employees
 
with
 
regular
 
 jobs
.
 This
 
is
 
based
 
on
 
the
 
agreement
 
by
 
the
 
management
 
and
 
union
 
to
 
improve
 
 job
 
security
 
andworking
 
conditions
 
for
 
non
-
regular
 
employees
.
One
 
of 
 
the
 
notableconsequences
 
is
 
that
 
the
 
barrier
 
to
 
non
-
regular
 
employees
'
 jobpromotion
 
has
 
been
 
torn
 
down
.
 This
 
case
 
of 
 
Busan
 
Bank
 
would
 
not
 
bepossible
 
without
 
the
 
regular
 
employees
'
long
-
sighted
 
decisions
,
including
 
wage
 
freeze
.
 Truth
 
5
. 
Shinsegae
 
has
 
provided
 
its
 
part
-
timers
 
with
 
regular
 
 jobs
.
Naturally
,
discrimination
 
at
 
work
 
has
 
been
 
significantly
 
reduced
.
 Thecompany
 
expects
 
that
,
in
 
the
 
long
 
term
,
the
 
increased
 
 job
 
security
 
of the
 
formerly
 
non
-
regular
 
employees
 
will
 
lower
 
the
 
rate
 
of 
 
 jobseparation
,
which
 
will
,
in
 
turn
,
save
 
the
 
costs
 
of 
 
recruitment
 
andemployee
 
training
/
education
.
Another
 
advantage
 
will
 
be
 
the
 
formerlynon
-
regular
 
employees
'
higher
 
commitment
 
to
 
work
 
and
 
theconsequent
 
large
 
growth
 
in
 
their
 
productivity
.
 Those
 
employees
 
alsoestimate
 
that
,
with
 
their
 
status
 
changed
,
they
 
feel
 
more
 
responsible
 
anddevoted
 
to
 
the
 
company
 
now
,
stressing
 
their
 
willingness
 
to
 
worktogether
 
with
 
other
 
regular
 
employees
 
to
 
promote
 
harmony
 
atworkplace
.
The
 
problems
 
of 
 
non
-
regular
 
work 
 
cannot
 
be
 
solvedwithout
 
mutual
 
understanding
 
and
 
concessions
 
betweenthe
 
labor
 
and
 
management
 Truth
 
6
. 
Korea
 
Exchange
 
Bank
,
in
 
an
 
effort
 
to
 
increase
 
employmentsecurity
 
of 
 
non
-
regular
 
employees
,
decided
 
to
 
endow
 
them
 
with
 
anindefinite
-
term
 
status
.
Furthermore
,
those
 
with
 
higher
 
competency
 
andoutstanding
 
contribution
 
to
 
the
 
Bank
 
shall
 
be
 
appointed
 
to
 
regular
 
 jobs
.
In
 
this
 
way
,
the
 
formerly
 
non
-
regular
 
employees
 
have
 
been
 
providedwith
 
an
 
opportunity
 
of 
 
becoming
 
regular
 
workers
,
as
 
well
 
as
 
equalbenefits
 
and
 
higher
 
 job
 
security
.
 Truth
 
7
. 
In
 
the
 
health
 
and
 
medical
 
care
 
sector
,
the
 
industrial
 
union
 
andemployers
 
have
 
agreed
 
to
 
save
 
about
 
a
 
third
 
of 
 
the
 
net
 
wage
 
increaseof 
 
the
 
regular
 
employees
 
in
 
2007
 
for
 
a
 
fund
 
to
 
be
 
used
 
for
 
betterworking
 
conditions
 
of 
 
non
-
regular
 
workers
 
in
 
the
 
sector
.
 This
 
agreementcame
 
after
 
the
 
long
-
held
 
discussions
 
between
 
the
 
union
 
and
 
employers
.
It
 
is
 
particularly
 
important
 
as
 
it
 
is
 
not
 
only
 
the
 
first
 
tangible
 
result
 
at
 
the

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