"Workplaces with Fewer Than 5 Employees Face Dismissal and Harassment... Demand for Full Application of the Labor Standards Act"

April 4th, 2 PM 'Under 5 Employees Workers' Protest Rally'
Facing Dismissal, Workplace Harassment, Wage and Leave Issues
"Labor Standards Act Must Fully Apply to Workplaces with Under 5 Employees"

Workers who suffered from dismissal, workplace harassment, and issues related to allowances and leave at workplaces with fewer than five employees spoke out about their experiences and demanded the full application of the Labor Standards Act to workplaces with fewer than five employees.

On the 4th, Workplace Power Abuse 119 held the "South Korea Small Workplace (Under 5 Employees) Workers' Protest Rally" at the Francisco Education Center in Jung-gu, Seoul, emphasizing the need to amend the Labor Standards Act regarding key issues occurring in workplaces with fewer than five employees, such as dismissal, workplace harassment, and allowances and leave. Under current law, the Labor Standards Act applies to workplaces with five or more regular employees, while workplaces with fewer than five employees are only subject to some provisions according to presidential decrees.

On the afternoon of the 4th, Workplace Bullying 119 held the "South Korea Under-5 Employees Workplace Protest" and demanded the full application of the Labor Standards Act to workplaces with fewer than five employees.

Six workers who testified argued that the Labor Standards Act should also apply to workplaces with fewer than five employees so that workers can be protected by law. The witnesses shared the damages they suffered regarding dismissal, workplace harassment, and allowances and leave. Workplace Power Abuse 119 stated, "The Labor Standards Act, including restrictions on dismissal, additional allowances, annual leave, and workplace harassment, must be fully applied to workplaces with fewer than five employees."

A man in his 30s, Mr. A, a private academy instructor, spoke about his experience of sudden dismissal. Mr. A worked as a freelance instructor but joined the academy after the director promised to apply the four major social insurances. Since he received a salary with the insurance premiums deducted, he naturally assumed the premiums were being paid. However, about five months into his employment, he received a notice from the National Health Insurance Service demanding unpaid premiums. When he raised the issue with the academy, the following month, just before payday, Mr. A received a written notice of dismissal.

Mr. A said, "It was a clear case of unfair dismissal, but as a worker, I could not defend myself in any way," adding, "For instructors, the timing of job changes usually aligns with student vacations, but the sudden dismissal made it difficult to find another job." According to a survey conducted by Workplace Power Abuse 119 from the 9th to the 15th of last month targeting 1,000 workers, 18.3% of workers in private workplaces with fewer than five employees reported having experienced involuntary unemployment since January last year. In contrast, only 9.9% of workers in private workplaces with 300 or more employees responded affirmatively.

On the afternoon of the 4th, a victim is testifying at the "South Korea Workplace Abuse Rally for Workplaces with Fewer Than 5 Employees" held by Workplace Abuse 119 at the Francisco Education Hall in Jung-gu, Seoul.

Testimonies also continued regarding the reality that it is difficult to respond to workplace harassment. According to Workplace Power Abuse 119’s survey, 56.5% of workers in workplaces with fewer than five employees responded last month that "workplace harassment is severe." This figure is much higher than the average for all workers (48.0%) and workplaces with 300 or more employees (41.9%).

Mr. B, who worked at a social welfare facility, reported that after experiencing workplace harassment, he appealed to the Ministry of Labor but was told, "There is nothing that can be done for workplaces with fewer than five employees," and no measures or protections were provided. After appealing to other agencies such as the Ministry of Health and Welfare and the National Human Rights Commission, these agencies recommended resolving the issue, but the employer exploited the institutional loophole of having fewer than five employees and did not stop the harassment.

Mr. B lamented, "If it had not been a workplace with fewer than five employees, I would not have had to endure this suffering continuously," adding, "The recommendation to remedy the victim was useless, and I had no choice but to seek relief through the courts myself."

It is also difficult to freely use paid annual leave. When asked whether they freely use paid annual leave, 18.9% of workers in workplaces with fewer than five employees answered "not at all." In workplaces with 300 or more employees, only 8.2% chose this response.

Meanwhile, the Ministry of Employment and Labor announced earlier this year in its work plan that it would promote the "gradual expansion of the application of the Labor Standards Act to workplaces with fewer than five employees." The People Power Party’s Special Committee on Labor Reform also stated that it would discuss applying the Labor Standards Act to workplaces with fewer than five employees.

This content was produced with the assistance of AI translation services.