The National Human Rights Commission of Korea recommends improvement of rights to counter low wages, job instability and guarantee the three basic labor rights.
The National Human Rights Commission of Korea (NHRCK) recommended recently that the Minister of Labor, the Minister of Government Administration and Home Affairs and the Minister of Finance and Economy improve applicable laws and policies concerning low wages, lack of job security, and inhumane treatment, as well as tangible restrictions on the three basic labor rights (right to organize, bargain collectively, and strike) for custodial workers in the public sector.
There has been a rise in non-regular workers as new forms of employment have proliferated since the late 1990s—particularly affecting certain social, class and gender groups—as employers have begun to prefer indirect employment in the form of outsourcing and utilization of dispatched workers. The custodial service industry has also been largely affected by these trends in outsourcing labor, and much of the industry has turned to employing non-regular elderly women.
During 2006, the NHRCK conducted a survey on the status of human rights for custodial workers in the public sector, which concluded with a policy debate on May 4, 2007. Based on the findings of the survey, the majority of custodial workers in the public sector are aging, undereducated females, who represent the lower working class in the Republic of Korea. Many of these women are head of household, but receive less pay than custodial workers in the private sector in Korea. The investigation also showed that the women suffered poor working conditions including meager wages, lack of job security due to outsourcing, inhumane treatment and severely inhibited ability to exercise the three basic labor rights.
The Commission concluded the survey and policy debate, and submitted the following recommendations to appropriate government agencies:
# To the Minister of Labor:
- With the large number of custodial workers that have been deprived legal rights to wages, which are below minimum wage, it is imperative for the Ministry of Labor to increase supervision over employers abusing the “inclusive wage” system by paying less than minimum wage to workers.
- Since many custodial workers in the public sector are often subject to inhumane treatment—including sexual harassment and verbal abuse— by managers, other employees and clients of contracting and contracted companies, it is imperative that the Ministry improve guidance and supervision of sexual harassment prevention training in workplaces in the public sector.
- Finally, it is critical that the Ministry develop ways by which the government may take action, via legislation or some other means, to legally bind employers and contracting service clients in the public sector to guaranteeing worker rights, and to measure the efficiency of the current system. The Ministry should also introduce legislation to redress job insecurity for non-regular workers and guarantee the three basic labor rights.
# To the Minister of Government Administration and Home Affairs:
- The Minister of Government Administration and Home Affairs should introduce measure for the improvement of job security, including the improvement of micromanagement within contracting firms.
# To the Minister of Finance and Economy:
- The Ministry of Finance and Economy should provide a revised Employment Decree on the Act on Contracts to which the State is a Party, which was abolished on September 9, 1999. The Act should be reinstated only with the inclusion of contracted, custodial workers in the public sector.
- In order to ensure maintenance of adequate working conditions as required by law, the period of sanctions against unjust contractors must be extended from one month immediately.
- It is necessary to provide a space in which human dignity of custodial workers is guaranteed, and actions to improve their treatment in guaranteed to improve the 'general terms of service agreement'. These agreements are essential contractual documents.
The National Human Rights Commission of Korea was established in 2001, offering investigation and remedy services for Korean citizens and foreigners residing in Korea against human rights violations and discrimination. The Commission provides policy recommendations and remedial action against human rights infringements, collaborates with international human rights organizations and implements educational programs to improve the human rights culture.
