Seoul: Labour laws do not discriminate against illegals

SEOUL: Many illegal foreign workers in South Korea are unaware that they also have rights despite their immigration status.

“I didn’t know I could make a report,” said one Malaysian who claimed she was physically abused by her employer while working in the country illegally.

The 30-year-old alleged that her employer kicked her while she was working in an onion field because she did not work fast enough.

The mStar Online team referred her case to the director of Foreign Labour at the country’s Ministry of Human Resources, Lee Jung-han.

He said the authorities realise it is not easy for illegals to report abuses because they are afraid action will be taken against them.

“We know it is not easy, but the Government takes stern action against employers who try to hide injuries suffered by their workers.

“Whether they have a valid permit or not, workers still receive compensation because we don’t discriminate,” he told mStar Online at his ministry in Sejong.

According to a report by The Korea Herald, there are about 251,000 illegal foreign workers in the country, with an estimated 5,000 being Malaysians who entered the country on tourist visas.

Lee said it was compulsory for employers to participate in an industrial accident insurance scheme that covers all workers.

He said any foreign worker involved in a workplace accident is entitled to payment from insurance companies registered with the scheme.

However, he admitted there are employers who do not take responsibility for accidents as they think they may be penalised.

“Employers who fail to report or purposely hide any accidents can be jailed for a year and fined 10mil won (RM35,738).

“They can also be fined a further 10mil won if they do not comply after penalties are imposed,” Lee added.

He added that the ministry would conduct checks on 3,000 locations in the country in an effort to solve the problem of workers being denied their rights.

He also urged foreign workers to call the ministry if they faced any problems at work.

The assistance offered over the ministry’s helpline includes counselling on wages, immigration, work permits, industrial accidents, death and cheating.