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Opinions on Bills on Non-regular Workers [2005] KRNHRC 7 (1 January 2005)

The bills on non-regular workers proposed by the government in September 2004
triggered sharp social confrontations and resistance from business, labor, and civic
organizations. The Commission realized that the protection of labor rights and
elimination of discrimination against non-regular workers are basic human rights tasks
our society has to undertake and imperatives for democratic social integration. In this
sense, the Commission concluded that the human rights of non-regular workers could
not be protected by the bills that fail to protect non-regular workers to eliminate
discrimination against them.

The Commission recommended that employers should hire non-regular workers only
on reasonable grounds, and establish the principle of equal pay for equal work to judge
cases of discriminatory treatment.

As for the details of the bill, the Commission judged that it would be desirable to set
regulations that define the limitations for reasons to employ non-regular workers;
regard the use of non-regular workers as a regular labor contract without a fixed term
when a employer is in violation of the limitations for reasons to use non-regular
workers; set equal pay for equal work; and provide the documentation necessary for
fixed-term labor contracts.

Furthermore, the Commission expressed an opinion that it would be desirable to set
regulations that specify a limited range of dispatch jobs; define the term of dispatch
that is equal to the current practice; extend the period during which the same position
cannot be replaced with the same person or non-regular worker in consideration of the
nature of corresponding dispatch jobs; and regard dispatch work as regular employment
when it proves to be illegal use of a person dispatched other than his or her duty. The
Commission also advised that it is necessary to prepare ways to guarantee the salary
level of dispatched workers and to recognize employers' duty of collective bargaining.