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Discrimination against Irregular Workers in Calculation of Pay Step [2003] KRNHRC 3 (1 January 2003)

In January 2003, the complainant filed a petition, claiming that he was treated
unfavorably in calculating pay step because his previous working record on contract for a
five-month and six-month period at OO Construction Company was not included under the
regulations of the Seoul Subway Corporation, according to which the career record of
regular work is recognized in calculation of pay step.

Seoul Subway Corporation responded that it excluded the complainant's past record as an
irregular worker before joining the Seoul Subway Corporation according to the Work
Record Pay Step Standards, which had been established by agreement between labor and
the management at the meeting of the Work Record Deliberation Committee in August
1988. The corporation maintained that to establish objective standards for irregular workers
was difficult because the scope of irregular workers, such as contractors, was too broad.
After investigation, the Commission concluded that the case constituted a discriminatory
act in violation of the right to equality on grounds of social status. Refusal to include past
career record for the only reason that the post was irregular was an act of unfavorable
treatment in light of the fact that 70% of past work records in regular work (at a company
with 200 or more employees or a listed company) before joining the Seoul Subway
Corporation are included regardless of whether or not past work is in the same job category
as the current one at the Seoul Subway Corporation.

Although the Corporation argued that it had difficulty establishing objective standards for
calculating past career record to be included in pay step due to an overly broad scope of
irregular work and that it was general industry practice to recognize only regular work
records as part of career records before joining the company, the Commission decided that
treating a person with a record of irregular work less favorably than the others with past
records as regular workers when both worked the same type of job constituted
discrimination without just cause. The Commission recommended that the president of
Seoul Subway Corporation correct and prevent discriminatory acts against those with past
records as irregular workers in calculating pay step for past career records.