Sunday, March 6, 2011

Deduction of charge for board and lodging, a serious threat to migrant workers' right to live

JCMK planning to take tough measures to maintain the minimum wage system
Voices are turning louder that it is tantamount to taking away the right to live from migrant workers to impose the charge for board and lodging on them, who are not allowed to enjoy the whole right to work in many fields like restrictions on workplaces choice and movement. 

Joint Committee with Migrants in Korea (JCMK) criticized in a statement on April 1 that the detailed standard regulation unveiled by Korea Federation of Small and Medium Business (K-biz), which subtracts the charge for board and lodging from their pay, will inflict double pains on migrant workers who eke out a living on the minimum wage.
It will not sit idle and see any policy to deprive migrant workers of the basic right to live and take tough measures to keep the minimum wage system, it added.
Kbiz made up the standard regulation on March 28, which would allow employers to subtract around 20% of migrant workers’ pay if they pay for foreign workers’ board and lodging and provide migrant laborers with a dormitory, a general house or similar facilities.  
That means that if employers pay for laborers’ board and lodging, they can subtract 188,000 won on the basis of this year’s minimum wage and if they pay for only laborers’ lodging, they can deduct 90,400 won, a 10% of their pay.

K-biz said that this new rule will be applied to any migrant workers who are employed from March 30 and renew their labor contract.
JCMK argued that this policy is nothing more than an attempt to impose social costs on migrant workers who are below the vulnerable in South Korea, and to deprive them of their basic right to live by realizing anti-work right.

According to JCMK, migrant workers get the minimum wage regardless of how long they have worked, one year or five years. They work 12 hours a day under the two shift system, only to get the minimum wage.

It also explained that it violates the 1st article in the 2nd clause of executed regulation in a separate sheet and the 4th article in the 6th clause of the minimum wage law, which stipulates that of the pay for an employee, allowance that is not regularly paid or paid as a supplementary measure for an employee’s living must not be included in the minimum wage.

It said it is a blatant example of anti-work right to break down the basic payment principle if the charge for board and lodging is excluded from migrant worker’s minimum pay.

As a result, JCMK stressed that K-biz should take back the regulation to associate minimum wage with the board and lodging cost, and stop its ill-thought-out plan to maximize a sense of social insecurity by pushing vulnerable migrant workers to the absolute poor class.
On top of that, it said it will continue its fight to maintain the minimum wage system, a fundamental means for migrant workers and keep their right to live safe.

Written in Korean by Reporter Kwangrae Kim
Translated by Reporter Heesoo Jung


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