National Human Rights Commission of Korea Annual Report 2021 Considering the various government incentives to encourage childbirth, such as parental leave, maternal leave, and reduced work hours for childcare to address the society-wide trend to not have children, the Commission concluded that, if the challenge of using parental time leave is more of a structural problem rather than a temporary one, relief measures should be established so that the challenge does not persist in the long term. The Commission concluded that, if a person’s use of parental time leave is disapproved just because he/she is a class teacher or in a special position, it is indicative of an environment in which parental time leave is not effectively guaranteed. This, in turn, not only runs counter to the government’s policy for balance in work and family life, but also represents a step backwards in how the society perceives the right to raise children as a social right. J. ‌Opinion expressed on the bill to protect and support etc., platform workers On November 22, the Commission expressed opinion to the Chairman of the National Assembly on certain revisions and refinements that it deemed necessary for the bill to protect and support etc., platform workers. Because the bill stipulates that it would first apply to all platform workers, platform workers who are actually workers could be misclassified as ‘persons other than workers.’ To address this problem, and in consideration of how labor is now offered through platform algorithms and of the asymmetry of information, the Commission saw a need to presume “platform workers, in the limited sense of the word, who provide labor through online platforms that affect work assignment, etc.” to be workers under the National Labor Relations Act, and clearly stipulate in the bill that the burden of proof to the contrary lies with platform operators. Also, because platform business is operated by a network of businesses, a provision is necessary that calls for the joint responsibility of not just platform operators and businesses using platforms but also those who could infringe upon the rights of platform workers by imposing unfavorable actions against them or who are in a position to effectively affect or dictate their working conditions. To enable platform workers to improve their working conditions through organized activities using collective power, the bill needs to clearly stipulate the right to organize, the right to bargain collectively, and other collective rights stipulated in the ILO Convention No. 87 concerning freedom of association and protection 60

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