Key Activities
E. Discrimination Based on Social Status
Assignment of fixed-term employees on night shifts
On January 23, the Commission recommended the director of a medical center not to
differentiate fixed-term workers and indefinite-term contract workers in terms of shifts.
The medical center treated fixed-term workers differently from indefinite-term workers. The
victims, who were formerly outsourced from an external service agency but later hired as fixedterm cleaning employees by the center based on the government’s public sector employment
policy, were placed on night shifts, while indefinite-term workers were placed on day shifts. The
Commission concluded that fixed-term employees are not specifically specialized in night-time
work, the intensity of work of the night and day shifts is unlikely to be essentially different, and
the user’s claim that there was a need to distinguish the work performed by fixed-term employees
who don’t get paid a bonus and those performed by indefinite-term workers cannot be a justifiable
reason.
The medical center accepted the recommendation and notified that actions were taken to include
both fixed-term and indefinite-term workers in the night shift.
Discriminatory payment of welfare points to a cook hired under an indefinite-term
contract
On May 3, the Commission recommended the director of an agency to give the same amount
of additional welfare points to both indefinite-term employees and regular employees based on
seniority.
The agency only paid basic welfare points to the petitioner, a cook hired under an indefiniteterm contract, but not the additional, seniority-based welfare points because the channel through
which the petitioner was hired and the duty performed are different from those with a permanent
position.
The Commission concluded that the intent of selective welfare programs is to raise employee
morale and improve work conditions, so welfare points should be given equally to all employees
who have a working contract with the agency. It also concluded that the fact that there are a few
part-time workers to whom the welfare point program does not apply cannot be a justifiable reason
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