Jikjang Gapjil 119, Analysis of Counseling Cases in Workplaces with Fewer Than 5 Employees
Workers at businesses with fewer than 5 employees were found to be more than twice as likely to lose their jobs involuntarily compared to workers at businesses with 300 or more employees.
In some companies, employees were dismissed after showing affection but not having things go their way. There are calls for systems that can effectively protect workers in such situations.
According to Workplace Bullying 119, an analysis of 46 reports received over the past year from workers at businesses with fewer than 5 employees revealed that dismissal-related consultations accounted for 58.6% (27 cases) of all consultations, representing more than half, the organization announced on the 11th. They demanded, “Apply the Labor Standards Act fully to all workplaces regardless of the number of employees.”
A survey conducted by the organization in December last year targeting 1,000 office workers also showed that 17.5% of workers at businesses with fewer than 5 employees lost their jobs involuntarily, compared to 8.0% at businesses with 300 or more employees. Currently, businesses with fewer than 5 employees only need to give notice of dismissal according to Article 26 of the Labor Standards Act.
A reported case from October last year to Workplace Bullying 119 involved Mr. A, who said, “I brought a lunchbox to save on meal expenses, and was told ‘If you want to do as you please, then leave,’ and was dismissed.” In November last year, Mr. B reported, “The boss said he had feelings for me and asked to date me,” and “When I did not respond, he suddenly demanded that I quit.”
In March, Mr. C, who worked at a hospital, reported, “The director always shouted in front of patients and got angry saying preparations were insufficient even when I said I was not ready yet,” adding, “My heart was pounding so much from anxiety and insomnia that I had to take anxiety medication; it felt like I was going crazy.”
Because the Labor Standards Act provisions are only partially applied to businesses with fewer than 5 employees, their working conditions are more vulnerable compared to large businesses. They are also excluded from regulations regarding paid annual leave and public holidays. One worker at a business with fewer than 5 employees suffered a cervical disc herniation while working in a warehouse, was hospitalized for 3 days, and had 3 days’ pay deducted.
Shin Hana, a lawyer at Workplace Bullying 119, stated, “Proposing the enactment of a Labor Weak Protection Act, whose effectiveness is unclear, instead of full application of the Labor Standards Act is just a superficial slogan,” and emphasized, “The Labor Standards Act needs to be applied to businesses with fewer than 5 employees as well.”
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