CINA

Shakil, vice president of the Seoul Kyonggi Inchon Migrant Trade Union (MTU)

A leader of a migrant labor union is urging the Korean government to adopt a more flexible employment system towards foreign workers.

``The government should introduce a more flexible and secure employment scheme, replacing the current work permit system, to allow migrant workers to work longer in the country and change jobs for higher wages and better benefits,’’ Shakil, vice president of the Seoul Kyonggi Inchon Migrant Trade Union (MTU), said in an interview with The Korea Times.

He said that under the new hiring system, migrant workers will be able to choose a job that offers higher salaries like Korean workers and stay in the country as long as they want to.

Shakil stressed that the government should abolish the current work permit system introduced in August 2004, which requires workers to stay in one place and renew their contract every year for a maximum of three years.

``It does not make sense to force experienced foreign workers to leave the country after only three years. It is also not good for Korean employers who need more skilled workers,’’ Shakil said.

But the government has refused to adopt the new system, saying that it needs to maintain control on foreign populations for security and immigration reasons, and direct foreign labor to small and medium-sized manufacturing firms.

It also said that migrant workers would move to easy and high-paying workplaces, such as ones in the services industry, and compete with Korean workers for spots if they are allowed to change jobs.

``Such things go against the government’s intent in admitting migrant workers in the first place. The goal is to provide necessary workforce to the nation’s labor-intensive manufacturing companies that are struggling to find workers,’’ an official at the Ministry of Labor said.

Korea introduced the current work permit system to reduce the number of undocumented workers and help businesses ease their labor shortages.

It replaced the decade-long industrial trainee system under which migrant workers suffered from low wages and human rights abuses due to their unstable job status as trainees.

Under the system, foreigners willing to work in Korea are required to learn about Korean culture and language in advance, and are permitted to work here for up to three years.

They are entitled to enjoy the same treatment as local employees, including the right to organize, benefits from industrial accident insurance, and a guarantee of minimum wages.

 The government said the system has worked smoothly to supply qualified foreign workers to small and medium-sized businesses, especially manufacturing firms.

But businesses and migrant workers have been complaining about the system due to its complex employment process and small worker quotas.

Many employers in desperate need of foreign workers say it is difficult to find workers as they have to get government permission first, sign the employment contract and then wait two or three months for the workers.

Workers are also dissatisfied that they have to leave the country after three years, causing a substantial number of workers to become undocumented aliens who work illegally.

Turning Into Illegal Aliens

Shakil, who came to Korea in 1992 as part of first batch of industrial trainees from Bangladesh, is one of many illegal foreign workers overstaying their visas.

He said that the government should extend the employment period for migrant workers and renew their visas without asking them to leave the country to reduce the number of illegal aliens in the country.

``The Korean government is saying that undocumented workers should voluntarily leave the country and undergo a hiring process in their home countries,’’ Shakil said.

``But it does not make sense because only a fraction of migrant workers are allowed to come back to Korea to work and the whole procedure usually takes more than six months,’’ he added.

``Who would voluntarily go home under the current circumstances?’’ he asked.

Shakil is currently taking part in a sit-in protest at the National Human Rights Commission of Korea (NHRC) in downtown Seoul, demanding a release of MTU head Nd Anwar Hossin who was detained for overstaying his visa in May.

``We will continue to stage a protest until the government frees Hossin and urges the NHRC to submit a petition to the Ministry of Justice for his release,’’ he said.

Shakil said that the large number of undocumented workers, including Hossin and himself, have no choice but to become illegal aliens because of the shortsighted employment policy for migrant workers in Korea, which is just focused on meeting short-term employment needs.

Legalization of Migrant Workers Union

``We are urging the Korean government to give the MTU legal status as the first labor union organized by migrant workers. If it refuses to approve our union, we will stage a legal battle in cooperation with the Korean labor and civic groups, including the Korean Confederation of Trade Unions (KCTU),’’ Shakil said.

A small group of migrant workers from Bangladesh, Nepal, the Philippines and Indonesia organized the union in April.

In June, the Ministry of Labor decided not to approve the first-ever migrant workers’ union, citing a lack of enough documentation and the illegal status of its members.

Touching on Korea’s civic and labor groups that are active in help migrant workers, Shakil said that he and other workers greatly appreciate their efforts.

``An increasing number of civic groups, such as the Joint Committee for Migrant Workers in Korea, have become active in helping improve the welfare and legal rights of migrant workers,’’ he said.

He said that many civic groups recently stepped up pressure on the government to join an international accord on migrant rights on the United Nations’ international migrant day on Dec. 18.

``They have helped us stage a mass demonstration and various cultural events designed to urge the government to improve the rights of foreign workers,’’ Shakil said.

He expects migrant workers to receive better treatment and more legal rights once the United Nations pact is ratified by the Korean National Assembly.

``Migrant workers continue to suffer from poor working conditions and discrimination from Korean employers. They are still treated badly by Korean employers and receive lower wages, and the situation gets worse if they become illegal aliens overstaying their visas,’’ he lamented.

``The bigger problem is the government’s harsh crackdown on undocumented foreign workers,’’ he said

Government Crackdown on Illegal Aliens and Rising Crimes

Shakil said that due to the government’s inconsistent and short-sighted labor policies for migrant workers, more than half of migrant workers have become illegal aliens.

According to the Ministry of Justice, the number of migrants illegally working in the country stood at 199,000 in June, accounting for 52.6 percent of the total 378,000 here, up from 44.7 percent at the end of last year.

Since the beginning of this year, the government has mobilized immigration officers across the nation and spotted a number of illegal foreign residents, persuading 30,000 Korean-Chinese and 16,000 other foreign workers to return to their countries by May.

The government has said that it will step up the crackdown on illegal aliens and attempt to dissuade local employers from illegally hiring foreigners.

``The government’s tough measures is driving some migrant workers to support their livelihoods through illegal acts, pushing crime rates by migrant workers higher,’’ Shakil said.

The Ministry of Justice said that the number of criminal offenses committed by foreigners rose from 8,046 in 2002 and 9,338 in 2003 to 12,821 last year. The figure has already reached 7,591 in the first seven months of this year.

``Since I came to Korea under the industrial trainee system in 1992, there have always been problems with crimes committed by foreign workers as many of them are forced to find alternative ways of making their ends meet,’’ Shakil said.

He added that once foreign workers overstay visas, it becomes harder to find a job and even if they do, they are likely to be treated badly and receive lower wages and benefits compared to other legally employed migrant workers.

``I think that the government should pardon all illegally staying foreign workers and introduce a new employment system if it wants to reduce foreign workers’ crimes and improve their welfare and living conditions,’’ he said.

Shakil said that problems inflicting migrant workers affect the whole of Korean society.

Foreigners’ Increasing Role in Korean Economy

Shakil said that migrant workers, mostly from Southeast Asia, have become the backbone of ``Corporate Korea’’ as they play a crucial part in the production of a variety of industrial goods.

``The world is becoming more integrated into one large global community and a rise in the number of foreign nationals residing in Korea reflects the worldwide trend as foreigners have played an increasingly important role in Korean society,’’ he said.

The legally-registered foreign nationals who stay more than 90 days in the country stood at 433,394 as of the end of August, according to the Ministry of Justice.

People from Southeast Asian countries account for about 68 percent of the registered foreigners.

Shakil said that migrant workers from Southeast Asia provide manpower for the country’s light industries as they fill in for locals who are reluctant to work in labor-intensive industrial jobs.

He stressed that the government should make every effort to improve the legal and social conditions for migrant workers and their families so that they can receive the same wages and benefits as Koreans.