KASAMMAKO views 
on the Proposed Employment Permit System


It is true that the current Industrial Trainee System has resulted and is
causing injustices to many migrant workers, undocumented or documented. They
are being treated unfairly as salary are relatively lower compared to local
workers despite that they are engaged in the same amount of work, none or
limited benefits are provided for them, most of us work in 3D jobs (Dirty,
Difficult and Dangerous) usually shunned by local nationals, they suffers
from poor living and working conditions. Long working hours, non-payment or
delayed salaries, verbal and physical abuses plus various kinds of
exploitation are but some of the reasons why documented migrants are being
forced to run away from their original employers.  Undocumented migrant
workers may find jobs to abetter company of their choice and can decide to
stay as long as the employer offers a better condition. But these migrants
are still stuck to the reality that their rights are still not recognized and
respected by their employers. Some employers  are in fact making advantage of
this. Much as the migrants rights are violated, they suffer from
discrimination, lack of medical insurance, no guarantee of protection in
industrial accidents, aside from uncertain situation side by side with the
threat of being fired if they complain. Above all, documented or undocumented
migrant workers are prone to different types of abuses and exploitation.   

Recently the clamor to change the existing Trainee Permit System has broadly
surfaced following the migrants calls for better condition. Demands to adopt
a more suitable system to the Korean National Assembly to address the call of
Migrants, NGO's, different Migrants Centers, and government officials is now
being considered. And we welcome these efforts so long as it will improve the
prevailing situation of migrants.

Any migrant worker will agree to such a system for as long as it will be fair
and beneficial to both sides. It is a fact that any system that is conductive
to social and individual wellbeing of migrants is totally acceptable to the
migrant's sector. 

Based on our analysis and careful scrutiny to the proposed Employment Permit
System, it is then our prerogative to express opinion and views from the
perspective as migrant workers with regard to this issue since we are the
ones who will necessarily follow from a set of conditions

The following are some of our views and opinions to the proposed EPS:

1. Once approved, the implementation of the EPS will only qualify the " new
comer". The proposed bill doesn't covers the CURRENTLY undocumented workers
in Korea. Or if there such a provision, there is no clear effective mechanism
on how could they become documented and avail the protection embodied in the
proposed provisions.

2. As the Korean Labor Basic Law may be applied (such  as the Labor Standard
Law,  Right to Collectively Negotiation, Industrial Safety Law, etc)
according to the bill. But the employment permit is limited to only one year
and extendable based on the discretion of the  employers. As the provision
deem necessary to apply the three basic law, the assurance for the migrants
to apply the said laws remail futile.  Once the migrant workers demand or
exercises these rights with in the period of one year, the employer can
simply fire the migrants or will not allow to an extension period in the
company.

3. The bill doesn't guarantee the freedom of employment. Once they get fired
or decided not to continue working in the company, the migrant workers has no
right to seek new job while in Korea other than returning back to home
country and re-apply, which on the other hand has another restrictions for
them to return. This will also lead the migrants to pay another fees, taxes,
& efforts. This again is a burden that is to expensive to for a migrant to
bear.

4. The status of the currently employed as undocumented worker remain
uncertain. There is no such clear provision pertaining on how can be
recognized and their right protected. In the 14 days grace period upon
termination or finishing the contact, the employer can easily force the
migrant to sign unfair contract or else the term of extending for another
year will be denied. After working for 3 years and eventually become skilled
workers, there is no assurance that they can stay longer if they wanted to.

5. The provisions does not provide a need for a bilateral agreement between
the Host Government and the Sending Government. The responsibility lies
solely to the host government. It is of crucial importance for the sending
government to engage with the Host government and take responsibility to
protect its nationals since the sending government benefits from the
remittances, taxes collected to the migrants.

6. There is no education program for the migrants provided and supported by
the Government, such as Industrial Safety, Korean labor law etc.)

7. There is no such provisions that guarantee the rights and welfare of women
migrants against sexual violence.

In behalf of the migrant workers in Korea, as the proposed bill necessitates
to improve the situation of the migrants, we strongly urge those concern to
take careful consideration on the abovementioned statements.   
											
KASAMMAKO(kasammakorea@yahoo.com), 
SN for MRF(Struggle Network for Migrant Worker's Labour Right and Freedom of
Migration, working, migrant@nodong.net)