Labor Attorney: "May Constitute Workplace Harassment"
Park, a 29-year-old office worker in her fourth year on the job, sighed deeply a few days ago when she was asked to contribute money for a farewell gift for her department head, who was leaving due to a personnel transfer. The cost, requested by a senior colleague in charge of general affairs, was quite specific. To commemorate the department head's transfer, they planned to give Bluetooth earphones and flowers worth about 600,000 won, and each person was asked to deposit 80,000 won. Park lamented, "Last time, they collected 50,000 won for someone retiring. It's not just 10,000 or 20,000 won-it's always too much. But when a senior asks you to join in, you can't really refuse, so I had no other choice but to send the money."
An office worker being asked to transfer congratulatory gift money due to a department head's personnel transfer. Generative AI
As the year-end personnel season arrives, a warning has been issued in workplaces about "farewell gift collections." While the public sector has become more cautious since the enforcement of the Improper Solicitation and Graft Act (Kim Young-ran Act), in some private companies not subject to the law, the culture of passing such costs down to junior employees under the guise of tradition still persists.
On December 31, social networking services (SNS) and office worker communities were flooded with complaints about farewell gift collections. The reasons for these collections vary, including promotions and retirements.
The main issue is that these costs fall squarely on junior employees. For younger office workers whose real incomes have shrunk due to high inflation and high interest rates, even a few tens of thousands of won can be a significant burden.
Choi, a 32-year-old employee at a distribution company, said, "Every time we exchange gifts among employees, there's always a notice reminding us to comply with the code of ethics, but when personnel transfers or holiday seasons come around, the bill still arrives. It's nice to give gifts with good intentions, but I think it's more important to convey your feelings at a reasonable price."
Employees of private companies are not subject to the Kim Young-ran Act, as they are not public officials or journalists. However, fundraising activities that involve coercion may constitute workplace harassment under the Labor Standards Act. Article 76-2 of the Labor Standards Act prohibits "acts that cause physical or mental suffering or worsen the working environment by abusing one's position of superiority in the workplace beyond the proper scope of work."
Jang Jonghun, Senior Labor Attorney at Majung Law Firm, stated, "If someone abuses their position of authority to forcibly collect money and psychologically pressures others by implying disadvantages for noncompliance, it may constitute workplace harassment. The more likely an issue is to be dismissed as a mere tradition, the more important it is to take a preventive approach through education and cultural improvement."
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