[Asia Economy (Suwon) = Reporter Lee Young-gyu] It has been determined that instructing workers to perform tasks different from those stated in their labor contracts, excluding them from work, and forcing them to submit written apologies constitute human rights violations.
The Provincial Human Rights Center decided on the 5th that the human rights relief requests submitted to the center in October last year and May this year by Mr. A and Mr. B, who work at a nursing facility, regarding instructions to perform tasks different from their contracts, exclusion from work, and forced submission of written apologies, constitute human rights violations. These violations fall under workplace harassment as defined in Article 76-2 of the Labor Standards Act and infringe on social rights pursuant to Article 7 of the International Covenant on Economic, Social and Cultural Rights.
According to the Provincial Human Rights Center, Mr. A, who works at a nursing facility in the province, was repeatedly forced to submit written apologies after new facility management took office. This was because the new facility director misjudged Mr. A’s work pattern and, without verifying facts, considered him to have left the workplace without permission and to have been absent without leave. Subsequently, Mr. A was unilaterally excluded from tasks he had been responsible for since joining, such as managing the living quarters, administrative work, and operational planning and management. In particular, in July last year, the facility director publicly excluded Mr. A from his duties by confiscating his management logbook from the living quarters where other workers were present and handing it over to another worker. This caused Mr. A severe humiliation and disgrace, leading him to submit a relief request to the Gyeonggi-do Human Rights Center in October last year.
Meanwhile, Mr. B, who also works at the same nursing facility, applied and was hired after seeing a recruitment notice for a social worker but was assigned general administrative and facility management tasks such as electrical and fire safety work, which differed from the recruitment notice and labor contract.
Moreover, the new management registered Mr. B as a sanitation worker with the authorities to receive wage subsidies from national grants and forced Mr. B to work as a sanitation worker.
Mr. B filed a relief request with the Gyeonggi-do Human Rights Center in May, claiming that such actions by the management were unfair infringements of his rights.
The Provincial Human Rights Center pointed out that the facility management’s hostile attitude toward workers Mr. A and Mr. B began after they made public interest reports regarding the nursing facility’s operational issues, indicating retaliatory intent.
Accordingly, the Provincial Human Rights Center recommended disciplinary action against the facility’s operating corporation and management, normalization of the workers’ duties, and attendance at human rights education conducted by instructors recommended by the center.
It also added that local government heads should replace facility directors who repeatedly violate workers’ human rights and refuse to improve, and conduct guidance, inspections, and recovery measures regarding the improper receipt of national subsidies by registering workers under incorrect job titles such as sanitation workers.
Anyone can consult or apply for relief at the Gyeonggi-do Human Rights Center regarding human rights violations and discriminatory acts occurring in the province, its subordinate administrative agencies, provincial investment and contribution institutions (public institutions), entrusted agencies, supported organizations, and various social welfare facilities. Third-party applications are also accepted.
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