'The Right to Rest When Sick' Is Legally and Institutionally Guaranteed in Most Countries Worldwide
[Asia Economy Reporter Gong Byung-sun] The National Human Rights Commission of Korea (NHRCK) has recommended that a legal framework be established to guarantee the right to take sick leave when ill.
On the 27th, the Social Human Rights Division of the NHRCK advised the Minister of Employment and Labor and the Minister of Health and Welfare to legislate the right to use leave and sick leave for non-work-related illnesses and to promptly introduce a public sickness allowance system. It also expressed the opinion to the Speaker of the National Assembly that it would be desirable to quickly discuss the related legislative amendments currently pending in the National Assembly.
The NHRCK pointed out, "The right to take sick leave is not only a right related to the health rights of working individuals but is also closely connected to labor rights and social security rights. In our society, there is no system to use leave or compensate for income loss during periods when it is difficult to work due to non-work-related illnesses, resulting in many people not being able to rest even when sick."
The NHRCK stated that the right to leave and sick leave without discrimination for wage workers with non-work-related illnesses should be legislated. Currently, matters related to leave and sick leave for wage workers due to non-work-related illnesses are left to be determined voluntarily, which causes polarization in the "right to take sick leave." Very few private businesses operate a non-work-related illness system, and the level of protection varies depending on the size of the business, employment type, presence of labor unions, and bargaining power.
It also recommended introducing a public sickness allowance system for all working people. Although Article 50 of the National Health Insurance Act provides a basis related to sickness allowance, there is no related content in the enforcement decree, making the sickness allowance system practically non-existent. As a result, self-employed individuals, platform workers, and others find it difficult to receive protection for paid sick leave.
The NHRCK stated, "The right of working people to take sick leave when ill is a fundamental right legally and institutionally guaranteed in the majority of countries worldwide," and added, "We hope this recommendation and statement will lead to the prompt introduction and establishment of related systems."
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