Demande directe (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Convention (n° 150) sur l'administration du travail, 1978 - République de Corée (Ratification: 1997)

The Committee notes the observations from the Federation of Korean Trade Unions (FKTU), received on 31 August 2015, and the Government’s reply thereto.

The Committee also notes the information provided by the Government in reply to its previous requests concerning Article 3 of the Convention, on the regulation of activities in the field of national labour policy through direct negotiations between employers’ and workers’ organizations, and Article 4, on the priorities and the organization of the Ministry of Employment and Labor.

Article 6(2)(a). National employment policy. The Committee notes the information provided by the Government with respect to its employment policy, and the observations of the FKTU thereon. It refers, in this regard, to its comments made under the Employment Policy Convention, 1964 (No. 122).

Article 7. Extension of the functions of the labour administration to workers who are not employees. The Committee notes the information provided by the Government, in response to the Committee’s request concerning the progressive extension of the labour administration system, that as of March 2015, approximately 32 per cent of waged workers were non-regular workers. The Government indicates that it is making efforts to protect workers from unlawful agency work by identifying companies illegally hiring dispatched workers, by making orders that employers directly hire their workers, and by taking judicial action, including 153 such cases in 2012, 107 cases in 2013 and 25 cases in 2014. The Government indicates that the prohibition of discrimination against dispatched workers was expanded to include wages, bonuses, performance-based pay and other working conditions in September 2013. In September 2014, the Government introduced a system that permits, when a corrective order is issued against discriminatory treatment, for the scope of the order to allow further investigation concerning other workers.

The Committee notes the statement that the Government’s figure of 32 per cent refers to non-regular workers in a narrow sense, and that non-regular workers in fact represent 44.6 per cent of wage workers. The Government replies that its definition of non-regular workers was agreed upon at the Economic and Social Development Commission, which included representatives of workers, employers and the Government. Noting that the figures provided by the Government and the FKTU both indicate that non-regular workers constitute a significant proportion of wage workers, the Committee requests the Government to continue to provide information on the efforts made to progressively extend the functions of the labour administration system relating to the conditions of work and working life to categories of workers who are not, in law, employed persons.