Bringing a packed lunch to save money, I was told I was being laid off... What kind of seniority does a small company have?
No.. where else could there be such absurd and infuriating situations..
Isn't a company still a company, even if it's small in size?
If you work fairly and are not given the annual leave granted to workers... that's just unreasonable.
Moreover, bringing your own lunchbox is your personal choice.
It's nothing worth fussing over... Sigh...
9 out of 10 counseling cases for workplaces with fewer than 5 employees involve unfair dismissal or wage arrears. Workplace Abuse 119 and the Labor Standards Act should be expanded to include all workplaces.
The employment contract specifies annual leave pay, but the employer says that businesses with fewer than five employees are not required to provide it and advises to file a lawsuit if I want to receive it. Wanting to save on meal expenses, I bring my own lunchbox, and I was also notified of my dismissal with the comment, "If you're going to do whatever you want, then leave."
I developed a herniated disc while working in the warehouse and was hospitalized for three days, and my salary was deducted accordingly. When I asked to use my annual leave, they said, "What kind of annual leave is that in such a small company?" and only mentioned splitting the company into fewer than five employees.
Workers in workplaces with fewer than five employees are found to be unable to respond properly because the Labor Standards Act does not apply when problems occur at the workplace. In particular, the rate of resignation due to involuntary unemployment and workplace harassment is about twice as high compared to workplaces with over 300 employees.
According to an analysis of 46 emails received from workers at workplaces with fewer than five employees whose identities were verified between July of last year and June of this year, one in two cases (58.6%) involved consultations related to unfair dismissal. Wage arrears consultations accounted for 39.1% of the total, making it the second most common issue after dismissal consultations.
This is because, under current law, employers of workplaces with fewer than five employees can dismiss workers with prior notice without providing a reason. According to Workplace Power Abuse 119, there have been cases where employees were notified of dismissal for requesting weekly holiday pay or refusing romantic proposals. If the Labor Standards Act had been applied, these cases would likely be recognized as unfair dismissals and could be subject to remedy.
The proportion of workers working in businesses with fewer than five employees who experienced unfair dismissal was significantly higher compared to workplaces with 300 or more employees. According to a survey conducted by Job Gap 119 in collaboration with the polling agency Global Research from December 4 to 11 last year, among 1,000 employed individuals aged 19 and over nationwide, 17.5% of workers in businesses with fewer than five employees experienced job loss regardless of their own will, which is more than twice the response rate of 8% in workplaces with 300 or more employees.
The issues of wage arrears and the lack of rest rights have also been revealed to be serious. This is because businesses with fewer than five employees are not subject to Article 56 of the Labor Standards Act, which mandates additional pay for holiday and overtime work. Provisions in the Labor Standards Act that guarantee annual paid leave and public holidays also exclude businesses with fewer than five employees.
Such differential application has led to wage arrears where overtime pay is not paid at all or cases where rest is not guaranteed. An examination of consultation cases referred to Workplace Bullying 119 revealed instances where employees worked on weekends and legal holidays but were not paid allowances or were subjected to verbal abuse.
According to a survey conducted in May by the professional polling agency Global Research commissioned by Workplace Bullying 119, out of 1,000 workers, one in two employees at workplaces with fewer than five people cannot freely use paid annual leave (57.2%) and cannot take paid leave on red days (58.3%).
Attorney Shin Hana (Chairperson of the Special Committee for Small Businesses with Fewer Than 5 Employees, Workplace Bullying 119) stated, "Applying the Labor Standards Act to small businesses with fewer than 5 employees would resolve the issue," and emphasized, "Instead of proposing a separate law for workers in small-scale businesses, which some have suggested, it is necessary to fully apply the Labor Standards Act to protect vulnerable workers."
<Source: News1>