that actions should be taken to get a right picture about current conditions of those workers.
56.
The Government stresses the leading role of the public sector in addressing the issue of non-regular
workforce, particularly referring to the ‘Comprehensive Measures to Reduce Non-regular Workers in Public
Sector’ which has been in place since 2006 and requires that fixed-term workers who have worked for a
permanent and consistent job for 2 years or longer should be transferred to indefinite-term employment.
Actually, the number of workers in indefinite-term employment is on the rise in the public sector, largely
because about 22,000 fixed-term workers were transferred to indefinite-term jobs in 2012 and about 65,000
fixed-term workers were transferred to indefinite-term employment during 2013~2015. However, the
workers in indefinite-term employment, although their employment is secured in formality, are largely
concentrated in low-skilled jobs in some particular occupations or sectors and are clearly different from the
regular workers in the ordinary sense, in terms of wage level, promotion opportunity, skills development and
career building. Nevertheless, these indefinite-term workers remain outside the coverage of the
discrimination remedy system which is stipulated in the Act on the Protection of Fixed-Term and Part-Time
Workers, just because they are classified as regular workforce.
57.
Although the number of the economically dependent workers (EDW) who need to be protected at a
similar level as ordinary workers continues to grow and the number of the occupations for which the EDW
are used also keeps growing, the legislation to protect EDW has not been introduced yet, leaving these
workers outside social protection. On 17 September 2007, the NHRCK expressed, to the National Assembly
and the Government, its opinion that the legislation should be enacted and revised at an early time in order to
protect the EDW by securing minimum labour standards for these workers, guaranteeing them three basic
labour rights and applying four social insurances to them. In addition, on 27 November 2014, the NHRCK
recommended that the coverage of the Industrial Accident Compensation Insurance (IACI) should be made
more substantial for the EDW of the six occupations which are already governed by the IACI Act; and that
the coverage of the IACI should be expanded to cover all of the EDW. In 2008, a special provision on EDW
(Article 125) was inserted to the IACI Act, entitling the EDW in the nine occupations (four occupations in
July 2008; two additional occupations in May 2012; and three additional occupations in July 2017) where
those workers exclusively belong to their current workplaces to the protection of the IACI. However, ten
years have passed since this legal revision, with no additional legislative action being taken to promote
protection of the EDW.
Questions suggested
58.
Please provide detailed statistical data (including acceptance rate) on the discrimination remedy
schemes of the Government (Labour Relations Commission, etc.), and give a detailed explanation on the
Government’s position towards the argument that the procedure for the remedy of the right should be
upgraded so that workers in indefinite-term employment may apply for the correction of the discrimination
against themselves.
59.
Little consideration has been made on the issue of the protection of the EDW over the last years,
and it appears that the Government has not made sufficient policy efforts to protect those workers and
promote their job security, as indicated in the fact that the NHRCK’s recommendation on the IACI coverage
for these workers has not been accepted. Please give an explanation on the Government’s plan, including
planned legislation, to protect the EDW.
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