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A Study on Legal Issues Related to Working Conditions of Part-Timers Under the Labor Standards Act

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2019, 7(3), pp.93-121
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Published : August 30, 2019

lee jae sam 1

1가천대학교

Candidate

ABSTRACT

In providing employers with labor by employees under the Labor Standards Act, working conditions should be appropriate, that is to say, working conditions for employees should conform to the Labor Standards Act. Unfortunately, there are cases where working conditions of part-timers among employees are not appropriate. Although it is essential that an employment contract between an employer and employee should be drawn up under the Labor Standards Act, violations from part-timers’ drawing it up are found in practice. And though all employers must allow employees to take rest breaks during the working hours according to the Labor Standards Act, they skip or allow rest breaks less than legally determined or give lower incentives for extra work, thereby employees’ being mistreated. Also, the Labor Standards Act bans delayed payment of wages for employees, nevertheless delayed payment of wages for part-timers result in their legal and economic loss. In addition, although the minimum wage system on employees is guaranteed under current Minimum Wages Act, the minimum wage increase policy which took effect in 2018 has rather caused problems like job reduction and widening gap of income distribution. And under current Four Insurance Act, four major insurances, as the public insurance for protection of rights and interests of employees, employers are entitled to subscription. Realistically, however, subscription rate due to premium burden, etc. of employers appears to be low. As to the improvement measures to such problems, first all employees must enter into a standard employment contract and get it accordingly. And all employees must be allowed to take enough rest breaks during the working hours and to receive sufficient incentives for extra work. Also, all employees must enter into an employment contract against delayed payment of wages which guarantees the wage payment, and in case that payment of wages is delayed by a company(employer), employees keep in mind to report it to the Employment and Labor Ministry or claim a payment order pursuant to the Civil Procedure Code. In addition, a minimum wage increase should not let employment be contracted and employees live in need. Therefore it would be necessary to selectively apply a minimum wage increase policy in terms of effects of companies’ employment promotion and minium wage increase.

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