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The government promotes the law for the protection of platform workers
Consultation on the establishment and remuneration of groups with companies
Minister Lee Jae-gap “Improved the classification of self-employed workers”
“It becomes more difficult to guarantee rights under the Labor Law”
Controversy over special protection measures in 2006
Regulations of platform companies’ brokers are also criticized
The appearance of a delivery man. Senior Reporter Chang Cheol-gyu [email protected]
The government will promote a plan to protect the labor rights of platform workers by stipulating it in separate legislation different from existing labor relations laws. The government estimated that the number of platform workers who will be subject to this process is 1.79 million. However, there are concerns that the world of work has created ‘protection without protection’ to avoid the recognition of platform workers and the ease of use of platform companies. The government held a joint information meeting with the relevant ministries on the 21st and announced measures to promote the legislation of the ‘Law for the Protection and Support of Platform Workers, etc.’ resolved by the President’s Direct Employment Committee. The goal is to ensure that even those who do not correspond to workers according to the Labor Standards Law and the Trade Union Law among platform workers can receive minimal institutional protection. This is the first time the government has introduced measures for platform workers. Although the number of platform workers has been increasing due to changes in the economic structure and Corona 19, it has been pointed out that there is no system to protect their labor rights. Consequently, the working commission has been promoting measures. Based on the survey results of the Korea Labor Institute, the government estimated that around 1.79 million people (7.4% of total employees) contribute labor to the platform. This is a 3.3-fold increase according to the Korea Employment Information Service, estimated at 550,000 people in 2018. However, it was estimated that 220,000 workers are hired in places where the platform plays an active role, such as the assignment of jobs. Of the 220,000 people, those between the ages of 20 and 40 represented 75% of the total, and by type of job, delivery drivers accounted for the most 52%. Legislation promoted by the government stipulates that even platform workers who are not recognized as workers by union law can participate in activities similar to name unions. It is possible to freely form a group and consult with companies on the standards of remuneration payment. In addition, the platform is required to provide key information such as △ job assignment △ evaluation criteria such as customer satisfaction △ results and utilization to workers. It is a measure that takes into account the situation in which platform companies are evaluating without even knowing them and causing disadvantages. In addition, it includes the obligation to prepare an opposition procedure for platform workers and to consult with the platform in good faith. The government also decided to draw up a plan to support platform companies in establishing mutual aid associations for the retirement of employees.
The government plans to go ahead with such legislation in the first quarter of next year. Employment and Labor Minister Lee Jae-gap said: “Under the Labor Law, we are trying to protect basic working conditions, such as the drafting of standard contracts, even for platform workers who are not workers.” In addition, the government decided to impose information obligations on the intermediation and labor provision platforms through the revision of the ‘Labor Safety Law’, and created an ’employment type advisory body’ composed of experts to improve the situation in the one that the workers of the platform are mistakenly classified as self-employed. I did it. However, this countermeasure can make it difficult for platform workers to recognize workers as workers, and the criticism has emerged as a repeat of the controversy over the special law against special-type workers (specially-employed workers) of the principles of the 2000s. In 2007, the Roh Moo-hyun administration tried to regulate special employment as a separate law instead of labor law, as in this measure through the ‘Special Type Worker Protection Act, etc. . ‘ However, there was growing concern that it would be difficult to secure rights under the Oreo Labor Law and did not lead to legislation. Yoon Ae-rim, a researcher at the Seoul National University Labor Welfare Center, said, “It is a story that we will provide discriminatory protection against platform workers,” noting, “It looks like it’s protection for workers, but it can’t be protected”. There is concern that the right to establish groups to represent the interests of platform workers may also violate the three labor rights of platform workers, including the right to collective action and collective bargaining. The current Labor Relations and Union Adjustment Act, Article 2 of the Labor Relations and Union Adjustment Act limits the definition of ‘worker’ to ‘a person living on equivalent wages, salaries or income regardless of the type of occupation’ , so platform workers acknowledge the ‘legitimacy’ of the union. I am having a hard time receiving. Park Eun-jung, professor at Inje University (Department of Public Human Resources), noted that “the right of platform workers can be interpreted as the right to represent interests in the same way as the right to consult with franchisees in under the Law of Commercial Franchises “. Criticism has also emerged about the policy that the government will regulate the platform as an “employment agency.” In fact, there is the possibility that platform companies define themselves as ‘brokers’ rather than ‘users’. Rider Union President Park Jung-hoon said: “It means pushing a bill that turns platform workers into customers (not workers).” By Park Joon-yong, Staff Reporter [email protected]
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