The South Korean government has initiated a public discussion to gather opinions on the Basic Law for Workers' Rights and the introduction of a worker presumptive system, emphasizing the need for fines to increase compliance.
The South Korean government is actively seeking input on the Basic Law for Workers' Rights, aimed at enhancing workers' rights and protections. The Ministry of Employment and Labor held a public forum on October 10, engaging with labor stakeholders and experts, as part of the ongoing efforts to refine legislative proposals introduced by lawmakers from the Democratic Party. These proposals include the establishment of the Basic Law and the introduction of a presumptive system for workers, designed to improve working conditions and labor rights. Experts highlighted the importance of implementing a variety of fine-based measures as a means of boosting the law's effectiveness.
During the discussion, Professor Park Kwicheon from Ewha Womans University proposed that fines should be imposed only for clear procedural violations and objectively provable legal infringements. He suggested that the Ministry of Employment should issue corrective recommendations for transgressions, with fines being levied in the event of non-compliance. The necessity of clearly defining contract terms, including termination conditions, was emphasized to prevent unilateral contract cancellations by employers. Experts also insisted on the need for new regulations that would allow workers to refuse tasks not specified in their contracts, as well as protections against retaliatory actions by employers.
Another critical point raised was the need to guarantee three labor rights for workers, particularly those not traditionally recognized as workers, following the March 10 implementation of a new labor relations law that allows non-workers to join unions. Professor Park remarked that, in light of this new law, the Basic Law could potentially ensure labor rights for a broader category of individuals, including those whose employment status is ambiguous. The ongoing discussions and proposed expansions of the current labor standards to cover workers in workplaces with fewer than five employees highlight the law's potential to comprehensively protect a wider range of laborers in South Korea.
