Observation (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

Convention (n° 142) sur la mise en valeur des ressources humaines, 1975 - République de Corée (Ratification: 1994)

Autre commentaire sur C142

Observation

2019

Demande directe

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The Committee notes the observations of the Federation of Korean Trade Unions (FKTU) received on 17 September 2018 and the Government’s reply thereto, communicated together with its report. The Committee further notes the observations of the Korean Confederation of Trade Unions (KCTU) received on 31 August 2018. The Committee invites the Government to provide its comments in respect to the observations of the KCTU.

Article 1(3) of the Convention. Policies and programmes appropriate to national conditions. In reply to the Committee’s previous comments requesting further information on the implementation of the Work-Learning Dual System established in 2014, the Government reports that the system combines in-class education and training with hands-on work experience. The Government indicates that, as of May 2018, 12,493 enterprises had been selected as dual training providers, and 67,307 participants had benefited from the training. The Government also indicates that, to achieve a workforce tailored to industry-specific needs, 17 Industry-Specific Human Resources Development Committees (ISCs) were established in September 2016, in which 456 associations, organizations and businesses participate. At the regional level, the Government built an industry-specific infrastructure, which includes: 70 Work-Learning Dual Training Centres for workers in small and medium-sized enterprises (SMEs); specialized support institutions for quality control and promotion of the Work-Learning Dual System; and industry-specific Special Apprenticeship Zones. The system has expanded its scope to include the newly employed, as well as students in vocational high schools, universities and other educational institutions. The Committee notes the Government’s indication that a draft law to regulate the Work-Learning Dual System was submitted to the National Assembly in 2016, containing provisions concerning the training environments provided by employers, setting out protections for workers who are also learners and providing for certification for apprentices. The Committee also notes the adoption of an Amendment to the Vocational Education and Training Promotion Act (VETPA), with the objective of protecting the rights of vocational students and trainees and building a safer training environment. In its observations, the FKTU maintains that the status of a learning worker is more vulnerable than that of an ordinary worker, indicating that the introduction of a “learning employment contract” proposed by the Government would be inappropriate and potentially lead to abuses. In its reply to the FKTU, the Government indicates that both categories of workers in fact have the same legal status and enjoy the same protections, and that the learning employment contract stipulates training-related matters, such as hours and content, and is in addition to the statutory content of an ordinary employment contract. The Committee also notes the observations made by the KCTU, alleging that, despite the requirement of section 9 of the amended VETPA that employers use the standard contract template approved by the Ministries of Education, Labour and SMEs, employers commonly – and with impunity – write up and maintain different contracts for on-site student trainees. The KCTU also alleges that the SME Vocational Training Consortium Program is being misused in that large corporations are using it as a vehicle to illegally source workers via subcontractors, rather than hiring full-time workers of their own. The Committee requests the Government to provide updated detailed information, including disaggregated statistical data, on the functioning of the Work-Learning Dual System, including on the activities of the Industry-Specific Human Resources Development Committees, the Work-Learning Dual Training Centres and the industry-specific Special Apprenticeship Zones and their impact on participants’ access to lasting employment indicating the starting wages received by participants, the average period of time between completion of the training and employment as well as the nature of the employment secured (full-time, part-time, fixed or short-term, or permanent). The Committee further requests the Government to provide detailed information on measures taken or envisaged to adapt continuously technical and vocational training to sector-specific labour market needs. It further requests the Government to provide a copy of the Amendment to the Vocational Education and Training Promotion Act (VETPA) and on any other measures adopted by the National Assembly relevant to the application of the Convention, including in relation to the Work-Learning Dual System.

Article 1(5) of the Convention. Equality of opportunity and treatment. The Committee notes the information provided by the Government in response to its 2013 direct request concerning vocational education and training opportunities for specific groups.

Young persons. The Government refers to a number of Work-Learning Dual Programs targeting young persons. In 2018, these Programs included: 194 Industry-Academia Partnership Apprenticeship Schools where students at specialized high schools start apprenticeships at enterprises while continuing their studies; 16 Uni-Tech Programs that strengthen links between vocational educational courses by integrating the curricula of specialized high schools and junior colleges; the Industry Professional Practice (IPP) Work-Learning Dual System implemented in 38 schools; and the Pathways in Technical Education Convergent Hi-Technology (P-TECH) model used in 13 schools for intensive vocational training. In its observations, the KCTU refers to a report issued by the Board of Audit and Inspection (BAI), “Implementation of Educational Policies Supporting Workforce Development”, indicating that, in 2015, 20.5 per cent of high school seniors in three educational offices were dispatched to workplaces of no relevance to their studies as a form of cheap labour. The KCTU further maintains that, in 2013, 15 high schools dispatched 36 students to hazard-prone businesses, such as semiconductor plants and factories that handle first-grade carcinogenic substances. The KCTU alleges that high school students are exposed to bullying, sexual harassment, burnout and stress at workplaces where they train and that they are both overworked and underpaid. In addition, the KCTU maintains that students have been used to illegally replace striking workers. Additionally, due to Ministry of Employment Regulation 26 on the Enforcement Directive for the Employer-Commissioned Training of College Students, students are forced to remain at their jobs training or face expulsion from school, leading to situations of forced labour. The Committee requests the Government to provide more information on measures taken or envisaged to safeguard the rights of young people in vocational training programmes. In addition, the Committee draws the attention of the Government to Paragraphs 18 and 19(f) and (g) of the Human Resources Development Recommendation, 2004 (No. 195), and requests the Government to provide statistics, disaggregated by gender and age and other socio-economic indicators, on the impact of vocational training provided to young persons, including on the level of starting wages received by young persons after completing the training, and the period of time between completion of training and their entry into employment, compared to persons who have not undergone such trainings.

The new middle-aged who need re-employment support; the self-employed who are more likely to change their jobs; and workers in special employment types. The Government reports that in 2018, Korea Polytechnic provided several programmes for 300 students categorized as the new middle-aged, including electric system control, senior healthcare and air-conditioning and refrigeration. The Government further reports that the Tomorrow Learning Card System was implemented for workers in special employment relationships. The Committee requests the Government to provide a definition of the new middle-aged and of workers in special employment relationships. The Committee further requests the Government to provide more information on the activities and impact of the Tomorrow Learning Card System.

Women. The Government indicates that the Korea Polytechnic runs vocational training for women returning to work after having taken career breaks. In 2018, four special campuses offered seven courses focused on re-employment training in the beauty and care industries, in which 950 women participated. The KCTU observes that women are subjected to discriminatory working environments that include wage gaps, sexual harassment, gender-streamed training and higher barriers to accessing the job market. Additionally, the workers’ organization alleges that the Government is alienating women from securing employment by forcing them into jobs where they work short hours (less than 15 hours a week), preventing them from obtaining regular employment status as defined in the Act on the Protection of Fixed-Term and Part-Time Workers (APFPW). The Committee notes that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) has expressed concern at the “persistence of the gender gap in pay (amounting to a difference of 35.4 per cent in 2016) … which remains the widest among all OECD countries”. Furthermore, the CEDAW Committee noted that 70.2 per cent of short-time workers in the State party are women with limited protection under the Korean Labour Standards Act and the APFPW. Women in this situation may only enrol in the national pension scheme as individually insured persons and in employment insurance programmes only after three months of continuous employment. (CEDAW/C/KOR/CO/8, March 2018, paragraph 38). Furthermore, the Committee notes that section 6 of the Labour Standards Act prohibits discrimination against workers on the basis of gender and discriminatory treatment in relation to terms and conditions of employment. The Committee requests the Government to provide information on activities and measures taken or envisaged to provide women with vocational guidance, education and training, and the impact of such measures on women’s access to full, productive, freely chosen and lasting employment. The Committee encourages the Government to develop and implement a policy aimed at ensuring that vocational guidance and training provided to women is available with respect to all occupations.

Persons with disabilities. In its observations, the KCTU notes that sections 6 and 7 of the Minimum Wage Act allows employers to pay workers with disabilities less than the minimum wage. The KCTU maintains that the Government has granted the requests made by 97.9 per cent of those employers having applied for authorization to pay a worker with disabilities less than the minimum wage, pursuant to the Guide on the Permission of Employers Not to Pay the Minimum Wage to Disabled Workers. The Committee refers to its comments concerning the application of the Employment Policy Convention, 1964 (No. 122), and invites the Government to provide information on measures taken to encourage and enable all workers to access employment opportunities without discrimination. The Committee further requests the Government to provide information on the manner in which sections 6 and 7 of the Minimum Wage Act impact persons with disabilities and how the Government is ensuring the application of equality of opportunities and treatment in the workplace for workers with disabilities.

Article 3(2) and (3). Vocational guidance information. Lifelong learning. The Government reiterates that its online platform, Work-Net, assists people with occupational information and career development advice by providing information on 130 academic departments. Additionally, the Government published 86,000 copies of books on new occupations and 65,000 copies of promotional guidance materials from 2014 to 2017. In its observations, the FKTU maintains that there is a significant shortage of personnel that provide employment support in the public employment service (PES). In its response to the FKTU, the Government acknowledges that, due to factors such as workforce shortages, the functions of job-matching between employers and jobseekers and placement services in PES centres has weakened. To improve the performance of the PES, the Government undertakes to continue its efforts to reinforce infrastructure in order to strengthen the counselling function of the PES centres. It also undertakes to establish and implement an Employment Centre innovation plan to focus on employment support. The Committee invites the Government to continue to supply updated detailed information on the activities of the PES information system, particularly with regard to the development of information and guidance relating to choice of occupation, access to vocational education and training – including lifelong learning – and related educational opportunities to assure the effectiveness of vocational guidance policies. In addition, the Government is requested to provide information on the measures taken to promote quality vocational education and training that is inclusive and available to all.

Article 5. Cooperation with employers’ and workers’ organizations. The Government reports that, in 2015, in concluding the Tripartite Jobs Pact, the tripartite partners agreed to establish a Regional Joint-Training Network to develop human resources services tailored to regional needs. Thereafter, 16 Regional Human Resource Development (HRD) Committees were established in metropolitan areas. In July 2015, the local area and industry-specific HRD system was put in place, whose functions include analysing labour market demand and providing for joint training and hiring. The Committee notes the FKTU’s observation that worker representatives do not head any of 16 HRD Committees and that some of the HRD Committees have no worker representatives. In its response, the Government indicates that, as of August 2018, worker representatives have been co-chairing two of the Regional HRD Committees, adding that worker representatives participate in all 16 Committees. The Committee invites the Government to provide more information on the composition of the 16 regional HRD Committees as well as the 17 industry-specific committees. The Committee also invites the Government to provide more information on the manner in which the cooperation of employers’ and workers’ organizations and, where applicable, other interested bodies, is ensured in the formulation and implementation of vocational guidance and vocational training policies and programmes.