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A new law(non-regular worker protection law), taking effect on July 1st, is expected to bring a seismic change in the way Korean workers are employed. The law has actually turned against non-regular workers despite its intention to protect their rights and eliminate discrimination against them.
Moreover, non-regular workers law is very complicated and difficult to solve its problem as just the law, and it would be like occupation strike of contingent workers in E-Land for 2 months. Therefore, non-regular workers need to enhance their ability, and it is important phenomenon on our society problem to extend regular workers from non-regular workers through improving employment service.
Over 2 months of enforcing the non-regular law, it would bring out dangerous of the law and reduce burden that are summarize below.
First, if a job does not have comparing object, principle of discrimination does not apply to it. Thus, to handle non-regular workers, a related job must not occur in any other job field. At last, non-regular workers and regular workers who can compare with other job is controlled accurately. For example, it is possible method not to operate any other similar work as a regular workers.
Second, discrimination of working will affect to payroll, benefit, and so on of workers. In accordance with this statement, if a company does not have specific distinction of non-regular workers and has argument about discrimination between non-regular workers and regular workers, the company should predict burden of paying the wages and bounds of other workers’ working condition including payroll and benefit compared with the workers who are impartial between contingent workers and regular workers.
Third, to authorize rationality of discrimination in work, all evidences must be prepared because irrationality case could apply to principle of discrimination. In case of authentic interpretation continuous service, ability of skill, having certification of its field, and so on could evaluate a labor’s ability and value rationally. Also, the company needs to have objectivity and impartiality when a worker is evaluated.
Finally, the company would have a work done by contract instead of hiring non-regular workers. After expiring a contract for labor, its job gives a contract that is the best solution method, but it has some problems that a contractor would not have ability, skill, and certification on its field. Moreover, transferring from non-regular workers to regular workers is a possible method but the government need to encourage companies can control a contract of employment liberally.
However, to protect non-regular workers, enterprises must offer the labor union and representative of workers about a variety of information of managing and human resource management as well as the law. The labor union also shares information of seeking employment and increases production for their company that can be efficiency and make up for the non-regular workers law. As a result, the labor union must make the best use of applying to the new law and operating new system that are unique point to solve the new law and system between the union labor and capital.