are likely to be hit by seasonal unemployment (for 3 months or more) due to
the characteristics of the jobs. Compared to manufacturing jobs, these jobs
display 2.5 ~ 6 times higher rate of undocumented migrant workers (ref.
percentage of undocumented migrant workers: 6% in manufacturing; 14.8% in
agriculture and livestock industry; 36.4% in fishery).
B. Domestic norms
Contents
Domestic
norms
- Concerning the protection of aliens under domestic laws, Article 6
(Effectuation of Treaties and International Laws and Guarantee of Aliens’
Status) of the Constitution and Article 4 (About Foreigners in Republic
of Korea) of the National Human Rights Commission Act apply.
- Regarding the prohibition of discrimination against migrant workers,
please refer to Article 6 (Equal Treatment) of the Labor Standards Act.
For the minimum wage guarantee, please refer to Article 32 (1) of the
Constitution and the Minimum Wage Act.
- Ref. Article 1 (Purpose) of the Minimum Wage Act. The Supreme Court
(2009-Da-51158 dated 12/10/2009) ruled that a plant growing business
whose Employment Rules have a clause on overtime pay should comply
with it concerning migrant workers even though employers of plant growing
businesses have no obligation to pay such under the Labor Standards Act.
- Article 25 (1) of the Migrant Workers Convention stipulates the following:
Migrant workers shall enjoy treatment not less favorable than that which
applies to nationals of the State of employment with respect to remuneration.
(a) Other work conditions, i.e., overtime, hours of work, weekly rest,
holidays with pay, safety, health, termination of employment
International
norms
relationship, and any other work conditions that, according to national
law and practice, are covered by these terms;
(b) Other terms of employment, i.e., minimum age of employment,
restriction on work, and any other matters that, according to national
law and practice, are considered part of the terms of employment.
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Human Rights Guidelines on Migration