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Laying the institutional foundation in guaranteeing labor rights for domestic workers

 

Laying the institutional foundation in guaranteeing labor rights for domestic workers

 

-Act on the Employment Improvement, Etc. of Domestic Workerspassed at a plenary session of the National Assembly- 

 

  □ At a plenary meeting of the National Assembly held today, May 21, the Act on the Employment Improvement, Etc. of Domestic Workerswas passed to protect the rights and interests of domestic workers and revive the domestic service sector. Once the Act is promulgated, it will come into force one year after the preparation period.

  □ The enactment of the law laid an institutional foundation for domestic workers who have been in the blind spot of the labor law and social insurance and not enjoyed their rights as workers since the enactment of the Labor Standards Act in 1953.

    ㅇ In the future, domestic workers will be protected by laws such as the Labor Standards Act and the Minimum Wage Act. Social insurance such as employment insurance and industrial accident insurance will also be applied to allow them to prepare for the risk of unemployment or industrial accidents.

   □ Even though the demand for domestic services has increased due to the rise of double-income families, most of the workers have been contracted informally between individuals. Thus, high-quality household services have not been sufficiently supplied.

   ㅇ With the enactment of this law, the government introduces a certification system for domestic service providers. Therefore, it is projected that the responsibility, reliability, and quality of domestic services will be enhanced, promoting the services.

   □ In addition, it is expected that it will further reinvigorate opportunities in the care labor market in response to a low birth rate and ageing society and increase female labor force participation by mitigating the burden of household chores.

   □ However, even if the law is enacted to ensure domestic workers’ or service users’ rights of choice, the existing method that offers domestic services based on referrals is still allowed.

   □ The main contents of the enactment are as follows:

    ㅇ (Certification system of household service providers) A corporation that can hire paid domestic workers and can compensate for personal and material damage that may occur while providing services is certified as a domestic service provider.

    ㅇ (Working conditions for domestic workers) As the Labor Relations Act is applied to domestic workers who signed a labor contract with a household service provider, they are guaranteed rights such as minimum wage, social insurance, severance pay, and annual paid leave.

    ㅇ (Household service contract) A written service contract specifying the type of service, provision time, usage fee, and compensation for damage is concluded between the service provider and the user, and the service shall be offered based on the contract.

   □ Meanwhile, the government aims to establish a government support plan in response to the possible increase in labor costs and the consequent increase in usage fees, which may appear in the short term due to social insurance registration of domestic workers.

    ㅇ The government will support domestic services conducted through the direct employment of domestic workers by pump priming until the services become competitive with the reliability of users.

   □ “The enactment of the Domestic Workers Act holds significant meaning to protect domestic workers who have been in the blind spot of the labor law and social insurance for 70 years, and it will create an opportunity to revitalize the high-quality household service market,” the Minister of Employment and Labor An Kyung-duk said.

     ㅇ “We will spare no effort in preparing for implementation, such as preparing subordinate regulations and securing budgets to enforce the Workers Act without any problems,” he added.

 

Last Modifide Date   :   Tue May 25, 2021
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