| Migrant workers and local civic activists demand that the government give migrant workers the freedom to switch jobs, at a rally held near Cheonggye Stream in central Seoul, April 25. The event was held to mark Labor Day which falls on May 1. Yonhap |
This article is the first in a four-part series to highlight and address issues surrounding marginalized residents of foreign nationality who are living in legal blind spots in Korean society. ― ED.
By Lee Hyo-jin
Chiranjibi Rijal, 31, a migrant worker from Nepal, entered Korea in May 2019 under the Employment Permit System (EPS), which assigned him to work at a leather factory in Yangju, Gyeonggi Province.
Despite the heavy workload and the employer's frequent refusal to pay for overtime, Rijal said his first year at his workplace was “bearable.”
But things changed after a fire broke out due to a boiler explosion at the factory in January 2020. The fire killed two of his coworkers and severely injured eight others. Rijal survived, but he was left with serious psychiatric trauma.
“I had nightmares about the explosion and felt anxious all the time. I was diagnosed with post-traumatic stress disorder, but as my boss refused to give me any support, I had to receive mental health treatment at my own expense,” Rijal told The Korea Times.
But even before he could fully recover from the trauma, he had to go back to work.
“Although the labor authorities warned us that we should not go inside the facility for a month due to safety issues, our boss ordered us to go back in there. We were so scared that another explosion might happen again,” Rijal recalled.
In addition, exposure to the toxic chemicals used in leather production, without proper protective equipment, affected his health. “After feeling a lump in my throat, I went to the hospital, where I was told that it could develop into a chronic disease or cancer if I continue to work there,” he said.
| Fire department authorities investigate the ruins of a leather factory in Yangju, Gyeonggi Province, where Chiranjibi Rijal used to work, after a fire broke out due to a boiler explosion, Jan. 31, 2020. Yonhap |
As a result, Rijal wanted to find another job.
But under EPS rules, he couldn't switch jobs without the consent of his employer, who threatened to send him back to Nepal if he didn't show up for work.
It took over seven months for Rijal to change jobs. With the help of civic activists, he was able to find another position at his current workplace ― a car component manufacturing plant in Hwaseong, Gyeonggi Province.
“Rijal was lucky. Many other mistreated migrant workers fail to switch jobs because it requires their employer's consent,” said Kim Dal-seong, head of the Pocheon Migrant Support Center, who helped Rijal during the procedure. “It's like modern-day slavery.”
Workplace accidents and injuries, delayed payments and mistreatment by employers are common reasons to switch jobs for workers of both Korean and foreign nationalities.
But unfortunately, switching jobs is difficult for migrant workers who enter Korea under the EPS, a system run by the Ministry of Labor and Employment.
Launched in 2004, the EPS has been bringing in a steady number of foreign workers from 16 countries to fill quotas needed in industries, such as agriculture, fishing and manufacturing.
So-called “diligent workers,” who have maintained employment here with the same employer without changing jobs for four years and 10 months, are granted another chance to re-enter the country after a three-month waiting period.
During their initial stay, migrant workers under the EPS are technically allowed to change jobs up to five times, in the case of contract termination or expiration.
They may also “request” to end their contracts for other reasons, such as assault or sexual harassment by employers, payment delays or substandard housing conditions. Upon making the request, the workers need to submit evidence proving they have been mistreated, and receive employer approval in order to end the contract.
Such tough requirements make it virtually impossible for workers to switch jobs, according to migrant workers' rights groups.
| Migrants' rights activists call for better accommodation for migrant workers at a press conference held in front of Cheong Wa Dae, Feb. 9. Yonhap |
Migrant rights activists believe that instead of listing the reasons allowing them to switch jobs, a requirement that significantly limits the labor rights of workers, the ministry should let them move freely to another workplace.
“Although many workers are provided with appalling accommodation and abused verbally or physically by their employers, they are hesitant to speak up about it or request another job, because maintaining a good relationship with their employers is very important to getting the chance to re-enter the country later,” Kim said.
Foreign workers are concerned they won't be recognized as “diligent workers” if they become involved in labor disputes, he said.
Kim argued that the 17-year-old EPS scheme has given more power to business owners, while making employees highly vulnerable to unfair treatment and abuse. He said the government has long turned a blind eye to the issue, thereby turning the EPS into “modern-day slavery” that violates basic human rights and the labor rights of migrant workers.
Shehk al Mamun, a migrant worker-turned-labor activist from Bangladesh, said that giving workers with foreign nationalities the freedom to change jobs will naturally resolve many existing problems, such as the dire working conditions, appalling housing conditions, payment delays, violence and sexual harassment.
“If workers are allowed to choose their workplace, business owners will inevitably put more efforts into improving their working conditions in order to attract better employees. This situation will also relieve the burden from the labor authorities, who are constantly pressured to prevent workplace exploitation by coming up with various measures and strengthening monitoring,” he said.
Kim and al Mamun said migrants groups have been urging the labor ministry to actively discuss this issue, but it has refused to do so, insisting that giving freedom of choice to migrant workers will reduce job opportunities for Korean nationals.
Regarding this, al Mamun said, “The employment of foreign workers is strictly limited to certain industries, such as agriculture, fisheries and manufacturing. Also, as the employment contracts of EPS workers are strictly monitored by the government, it will be impossible for foreign national manpower to flow into other industries.”
“We are not asking for the government to expand the category of industries open to migrant workers. All we are asking is to let them choose their workplaces so that they can receive humane treatment,” Kim said.