Human Rights Commission: Exclusion of Public Workers from Flextime System is Discrimination, Advises Correction to Gijang County
South Korea's Human Rights Commission has recommended that Gijang County rectify its exclusion of public workers from the flextime system, deeming it discriminatory.
The South Korean National Human Rights Commission has issued a recommendation to Gijang County, stating that the exclusion of public workers from the implementation of a flextime system constitutes discrimination. This conclusion arose following a complaint from a visiting nurse employed in Gijang County, who highlighted that while regular public employees were allowed to utilize the flextime system, public workers were not. The commission addressed the issue on January 16, following the nurse's complaint lodged in June of the previous year, and emphasized the unfair nature of the exclusion based on the worker's employment classification.
The commission analyzed the responses from Gijang County officials, who argued that the specific nature of the visiting nurse's job made her unsuitable for the flextime arrangement. However, the commission found that the structural management of attendance for public workers is identical to that of regular public employees, suggesting that implementing flextime would not introduce significant difficulties in terms of operational or administrative challenges. Consequently, the commission determined that Gijang County's actions were without rational justification and qualified as discriminatory.
Additionally, the commission noted that implementing a fixed flextime system, where public workers would adjust their commute by approximately one hour, could enhance work efficiency and service quality due to the specific nature of their duties that involve scheduling visits. Citing various legal precedents, including labor laws and the Ministry of Employment and Labor's guidelines for flexible working arrangements, the commission argued that merely being classified as a public worker should not exclude individuals from accessing such beneficial workplace policies.