Summary of the ILO complaint made by KMWU, KCTU & IMF

In 2006, the Korean Metal Workers' Union, the Korean Confederation of Trade Unions and the International Metalworkers' Federation lodged a complaint with the Committee on Freedom of Association of the International Labour Organization against the Korean government for neglecting to protect and facilitating violation of irregular workers' rights to freedom of association, collective bargaining and collective action, in breach of ILO Conventions 87 and 98.

The complaint shows how false subcontracting of work, results in irregular workers working inside a principal employer's facilities alongside the regular workers of the principal employer, using the materials, tools and machinery belonging to the principal employer, but receiving only 50-60 per cent of the wages of regular workers and denied their rights to join a union.

The complaint, case number 2602, detailed a series of violations dating from 2004 to 2006 at Hyundai Motors plants in Ulsan, Asan and Jeonju and at Hynix/Magnachip, Kiryung Electronics and KM&I.

For example, the complaint describes how at Kiryung Electronics a worker, who was nominally employed by a subcontractor, had for 10 years performed the same tasks in the same section of the plant under the same supervisor, a directly employed worker of the company. Over the 10 years the worker has been nominally employed by seven different subcontractors, with his employment automatically transferred between the companies never requiring the worker or file or sign any forms.

In this and other similar cases at Hynix/Magnachip and Hyundai Motors plants in Ulsan, Asan and Jeonju, the Minister of Labour ruled that the subcontracting firms were actually "illegal dispatch" disguised as subcontracting. However, the Public Prosecutor was trying to overturn the ruling and characterise the false subcontracting as a general commercial relationship.

In addition, the unions describe how the Korean government broadened to the whole category of "illegal dispatch" workers criminal charges of "obstruction of business", which has long been used to criminalise union activity in Korea.  In this case, principal employers, such as Hyundai, are able to victimize irregular workers and prevent union activity for the whole category of "illegal dispatch" workers on the basis of having a commercial relationship. Thereby denying the workers their rights to join a union, bargain collectively or take collective action.

For instance, when the subcontracted workers at Hyundai motors in Asan and Ulsan took action against Hyundai to improve their wages and conditions, they were sacked for taking action against Hyundai, which was considered an "unrelated party". Furthermore, Hyundai used the "obstruction of business" provisions under the Criminal Code to have trade unionists fined and imprisoned for taking action against Hyundai.

The unions also report how under the same criminal laws the companies were pursuing compensation through the courts from individual workers, and using this and the threat of seeking compensation as a way of intimidating subcontracted workers from joining a trade union or to force their resignation from the union.

A copy of the full text of the complaint can be seen at this link.Jul 03, 2008 – Anita Gardner