Abstract
A Study on the Legal Improvements
of School Contingent Employees
by Kim, Chang- Soo
Department of Labor Law
Graduate School of Labor Studies
Changwon National University
Changwon, Korea
Directed by Professor Kim, Myong-Yong
Th...
Abstract
A Study on the Legal Improvements
of School Contingent Employees
by Kim, Chang- Soo
Department of Labor Law
Graduate School of Labor Studies
Changwon National University
Changwon, Korea
Directed by Professor Kim, Myong-Yong
This essay will explain both 'What is a contingent worker?' and will help the reader understand the relationship between regular workers and contingent workers. It is also oriented to be helpful for school administrators to make a rational and scientific policy of their contingent workers, by analyzing last policies to improve their unfair treatment and also to understand that there still are problems. It also suggests an improvement measure of laws and rules ruling out school contingent workers. For the purpose of this research, this essay mainly referred to government policy book which has been made by the Minister of Employment and Labor and the Minister of Education, Science and Technology from 2002. Also deeply consulted were the guidebooks which were made by some assemblymen for discussions in 2007. The main research object was '2011 State and Condition of School Contingent Workers' which was sent to the assemblyman, Kun, Y. K.
Summarizing these results about problems of school contingent workers.
First, there is a need to unify the policies which differ between each province.
Second, even though contingent workers may have an indefinite contract system, there is still an uncertainty of employment. And thus we can assume that we need to take in the system of the province-based direct employment system or converting their contingent status to regular workers.
Third, on seeing the wage improving system done so far, the fee for welfare is still only a third or half of what regular workers receive, the extra money for long duty engaged is not exceeding 80,000won even if they have worked over 18 years. On national holidays, regular workers can be given up to 60% of their main salary while the contingent workers can be given only 200,000 won total. Their former school experience also cannot be accepted. All these are unfair compared to those of regular workers.
Fourth, to improve welfare and morale, to treat contingent workers as real colleagues, and to respect one other, we need to get rid of their name 'assist', and make a proper name for their position. To make it fair, we have to extend their retirement age from 57 years to 60, grant awards to them to acknowledge their accomplishments and sometimes give training sessions for refreshing job requirements. For all these to be made, there needs to be a government-based policy.
What kind of legal sources can make us assert these kinds of things?
First, in Article 8 of the Law for Fixed Term and Contingent Workers, school contingent workers are the same as regular workers in a certain sections. Therefore, there cannot be discrimination of employment, wage and welfare.
Second, according to Article 6 of the Labor Standard Law, no one can discriminate against someone's social status. But, sometimes in schools, a school contingent worker is left at work answering phones or assisting visitors when everybody else is out partying or out to dinner. And regular school workers often call the contingent workers 'aunt' or 'uncle' to place them as their assistant.
Third, according to the idea of equality in the national Constitution, all discrimination of school contingent workers should be abolished in schools, especially regarding the right to life and the dignity of man.
Fourth, according to the Law for work and home-management and of sex equality in employment, discrimination between the contracts of contingent and regular workers in the section of holidays regarding child-care or menstruation is another of those which should be abolished.
Abstract
A Study on the Legal Improvements
of School Contingent Employees
by Kim, Chang- Soo
Department of Labor Law
Graduate School of Labor Studies
Changwon National University
Changwon, Korea
Directed by Professor Kim, Myong-Yong
This essay will explain both 'What is a contingent worker?' and will help the reader understand the relationship between regular workers and contingent workers. It is also oriented to be helpful for school administrators to make a rational and scientific policy of their contingent workers, by analyzing last policies to improve their unfair treatment and also to understand that there still are problems. It also suggests an improvement measure of laws and rules ruling out school contingent workers. For the purpose of this research, this essay mainly referred to government policy book which has been made by the Minister of Employment and Labor and the Minister of Education, Science and Technology from 2002. Also deeply consulted were the guidebooks which were made by some assemblymen for discussions in 2007. The main research object was '2011 State and Condition of School Contingent Workers' which was sent to the assemblyman, Kun, Y. K.
Summarizing these results about problems of school contingent workers.
First, there is a need to unify the policies which differ between each province.
Second, even though contingent workers may have an indefinite contract system, there is still an uncertainty of employment. And thus we can assume that we need to take in the system of the province-based direct employment system or converting their contingent status to regular workers.
Third, on seeing the wage improving system done so far, the fee for welfare is still only a third or half of what regular workers receive, the extra money for long duty engaged is not exceeding 80,000won even if they have worked over 18 years. On national holidays, regular workers can be given up to 60% of their main salary while the contingent workers can be given only 200,000 won total. Their former school experience also cannot be accepted. All these are unfair compared to those of regular workers.
Fourth, to improve welfare and morale, to treat contingent workers as real colleagues, and to respect one other, we need to get rid of their name 'assist', and make a proper name for their position. To make it fair, we have to extend their retirement age from 57 years to 60, grant awards to them to acknowledge their accomplishments and sometimes give training sessions for refreshing job requirements. For all these to be made, there needs to be a government-based policy.
What kind of legal sources can make us assert these kinds of things?
First, in Article 8 of the Law for Fixed Term and Contingent Workers, school contingent workers are the same as regular workers in a certain sections. Therefore, there cannot be discrimination of employment, wage and welfare.
Second, according to Article 6 of the Labor Standard Law, no one can discriminate against someone's social status. But, sometimes in schools, a school contingent worker is left at work answering phones or assisting visitors when everybody else is out partying or out to dinner. And regular school workers often call the contingent workers 'aunt' or 'uncle' to place them as their assistant.
Third, according to the idea of equality in the national Constitution, all discrimination of school contingent workers should be abolished in schools, especially regarding the right to life and the dignity of man.
Fourth, according to the Law for work and home-management and of sex equality in employment, discrimination between the contracts of contingent and regular workers in the section of holidays regarding child-care or menstruation is another of those which should be abolished.
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