[Interview file] Various positions surrounding the'Platform Law'… Between good will and reality

● Obtaining a draft of the Platform Worker Protection Act The

Ministry of Employment and Labor is promoting the'Platform Worker Protection Act' (hereinafter the Platform Act) as one of the increasing measures to protect platform workers.

SBS obtained and reported on a draft protection bill prepared by the Ministry of Employment and Labor.

▶ [Exclusive] Get the draft of the Platform Workers Act

“Information on how tasks are assigned and evaluated” (2021.02.23) The

bill contained obligations and responsibilities for platform companies, and rights to be fundamentally protected as working people for platform workers.

We listened to the opinions of various sectors regarding the enactment of the platform law.

First of all, the platform workers who are the target of protection were rather opposed.

Rider Union and the KCTU, which are a delivery driver union belonging to platform companies, etc., expressed concern.

Park Jung-hoon, Chairman of Ryder Union

"I think the priority is to consider ways to expand the existing Labor Standards Act and the Labor Union Act and apply it to platform workers. Now, when you say that you are a platform worker, you will be able to unite from Kmong (a professional freelance matching platform) to a delivery driver. There is a question as to whether it is, and if it is grouped so broadly, there is a high possibility that the working environment will be leveled downward, so we think that the universal law of the labor law should come first.”

"It's already been recognized as a union, and delivery drivers have been recognized as workers under the Trade Union Act. In fact, it is the Ministry of Labor's role to inform platform workers that they have the right to form unions. But in this bill, platform workers are union members. In fact, in the United States, Uber companies give coupons to their workers, as the union law is gradually expanding in Korea, and why it is necessary to form a union, but why should a'third party' be formed. I created an organization of practitioners who sprinkled and protested for the business side, and that's a concern. I think companies are more likely to use the provisions of group establishment in the bill."

In-Soo Shin, Director General of the KCTU

“First, this law newly created the concept of'platform worker'. By creating the concept of platform worker as a third domain, not workers or self-employed, we created a law that applies only to them. In Korea, platform workers were created. The most problematic areas for workers are delivery drivers, quick service, and deputy drivers. These people should be viewed as workers even under the current labor laws, so what we need now is how to apply the Labor Standards Act and the Labor Union Act to these people. I think there is a problem with creating and applying special laws that aren't right at all."

"Because the government's Platform Worker Protection Act does not provide a higher level of protection than the Labor Standards Act. It only provides a much lower level of protection than the Labor Standards Act or the Trade Union Act. The United States, the United Kingdom, Germany, France, and most of them including the ILO and the OECD. I'm thinking about how to include platform workers in existing workers, laws are making that way, precedents are coming out like that, but the Korean government is going backwards. Other developed countries somehow try to get platform workers into workers. But, the legislative direction is to keep the laws that the government is trying to promote from workers."

government said that the platform law is one of the measures to protect workers, and is asking to believe in the goodwill of the platform law legislation.

I was able to hear the government's position from working-level workers at the Ministry of Employment and Labor at a discussion on the platform law hosted by the KCTU.

Jin-sun Han, Head of Digital Labor Response TF, Ministry of Employment and Labor

"I said that they are platform workers, but I do not deny their workers' nature. I know that there is a trend that is being recognized as a large part of workers such as

Yogiyo

delivery driver and Tada driver. The Platform Workers Act is the Labor Law. It is not denied, but an additional protection. Article 3 of the Platform Act stipulates that those who are subject to existing labor laws such as the Labor Standards Act and the Labor Union Act will have the advantageous laws applied first.”

“Like the concerns of the labor industry, the direction of the Industrial Accident Insurance Act promoted in 2007 is different from the legislation for special employment workers. It is a law not to exclude platform workers from workers as at the time of the legislation of special employees, but to provide comprehensive protection. The focus was on the'law to people' in mind.”

that the Korea Startup Forum, which is a startup interest group, sent comments to the government that contained some concerns about the bill.

It seems that there is a request for the deletion of the group establishment clause, and a reduction in the notification period when the contract is terminated or changed.

However, there was no public opinion on SBS's coverage.

Coupang, a leading platform company, also replied that there was nothing to say specifically about the Act on Protection of Platform Workers.

For each platform, the relationship between companies and practitioners varies widely.

One of the leading companies among platforms, the People of Delivery (elegant brothers), has relatively cooperative labor-management relations.

Labor-management agreements were drawn through the'Social Dialogue Forum for the Preparation of Platform Labor Alternatives', and the Korea Federation of Trade Unions Service and Min Bae signed a collective agreement for the first time in the platform delivery industry.

The problem is that the working environment of workers varies greatly depending on the goodwill of the entrepreneur.

A similar delivery company, Coupang Itz, recently unilaterally reduced its delivery fee from 3100 won to 2500 won.

It has also been reported that Market Curly manages workers by creating a list of low performers.

Kakao Mobility's deputy knights created a union and demanded collective bargaining, but the company is holding on to the decision of the middle-aged and senior citizens without recognizing the union.

Even if companies worsen the working environment, many of the platform workers classified as private businesses have difficulty protecting themselves under the Labor Standards Act and creating unions.

Discussions have begun that the minimum legal and institutional safeguards are needed in a situation where the working environment for each company is jagged.

also heard opinions from Kwon Oh-sung, a professor of law at Sungshin Women's University, who majored in labor law.

Professor Kwon is one of the experts who actively research and comment on platform labor.

Prof. Kwon said that there was a reason for the concerns seen by the labor world, but first of all, the legislation itself was evaluated as'a daily step forward'.

Oh-sung Kwon, professor of law at Sungshin Women's University,

"There is a side where hope and concern intersect. What I see hopefully is that in the current situation, we can provide some level of protection right away for platform workers outside the scope of the labor law. I am concerned. This is a realistic part of the fact that in the course of enforcement, in principle, those who deserve protection under the Labor Standards Act can function as downward pressure that is pushed out of protection, contrary to the original purpose of the legislation."

"There is a section on the establishment of a group in the provisions of the bill. The level of establishment of a group itself recognizes the level of bargaining power and is a level that does not have the right to dispute like a union. These provisions are, if wrongly done, organizations that should be recognized as unions can exercise their right to dispute. I am concerned that it could be devalued to an organization that does not exist.

"In 2007, there were many criticisms that the legislation related to special employment created a'third zone, gray zone'. However, this platform law stipulates that the'near-technical laws and union laws are applied first', and a provision that advantageous laws are applied first. In this respect, I think it is correct to interpret it as adding a new layer of protection to the bottom of workers under the Labor Standards Act, rather than trying to exclude them from the Labor Law by creating a status as a platform worker."

“In fact, prior to making a new law, it should be prioritized to apply the current labor law accurately and fairly. Tada Knight was also recognized as a worker by the Central Labor Commission. Proactive correction of'misclassification' should be preceded. I agree with the legislation on the premise that the work of adjusting these misclassifications precedes the government's implementation of the platform law. This bill will serve as downside pressure to push platform workers out of the labor law."

Ministry of Employment and Labor distributed explanatory materials after the

SBS reported on the draft of the Platform Workers Act that

."

The reported bill was "a stage in which opinions are being gathered with labor-management organizations and experts," he said. "The details have not been confirmed."

As the Platform Workers Act is a newly enacted corporation, once it is'framing', it cannot easily deviate from the scope stipulated by the law and is discussed within it.

The Ministry of Employment and Labor expects to reflect on the opposition opinions such as labor and management organizations and reflect them faithfully, rather than promptly promoting the initiative as stated in the explanatory material.