Monday, August 29, 2011

A Message from POLO/OWWA - Phil Embassy - South Korea to all EPS:

Please be reminded that based on existing guidelines in the issuance of Balik Manggagawa Certificate / OEC, EPS workers on release are not eligible to be issued an Overseas Employment Certificate or OEC.

This reminder is issued to avoid any confusion in the issuance of an OEC.

Thank you.


Atty. Felicitas Q. Bay
Labor Attache
Philippine Overseas Labor Office
Embassy of the Republic of the Philippines

Lee Hyung-sun (aged 56, a worker at KECP Co. Ltd.)

A kind word, a refreshing drink of water or a helping hand you says, offers or extends to other people moves their hearts and remains in their memories regardless of whether they are Korean or foreign workers.

Lee Hyung-sun (aged 56, a worker at KECP Co. Ltd.) who received an award in an essay-writing contest on foreign workers last winter says, "Foreign workers are not strangers but collaborators who came to help us."
At first they were strangers, but now they are more than neighbors to her.
Ms. Lee boasts that as she talked open-mindedly with her 11 philippine workers and solved their difficulties, they became indispensible members of her company.

An employer hiring foreign workers needs belief.
Lee Byung-heung, the vice president of Myungwon Tech Co. Ltd., realized through his experience that having a prejudice against foreign workers is of no help to both sides.
Last year, its production line stopped because of a failure in an automated welding machine. The production manager, the quality-control manager and even the team leader in charge of that process could not find the cause. And it would have taken more than two weeks to replace the existing machine with a new one due to the importing firm's bankruptcy.
At that moment, Dodik (aged 34), an Indonesian worker, came forward, saying, "Let me try to fix it." Vice President Mr. Lee decided to trust Dodik's confidence although there was a risk that he could break it more.
However, Dodik succeeded in repairing the broken machine after grappling with it all night alone. Later he got promoted to a production team leader. Foreign workers on Dodik's team have changed into happy smiling persons.
It was a valuable experience that led to higher productivity and a considerably reduced defect rate.

What do foreign workers need most in Korea?
The most difficult and necessary thing for them to learn is the Korean language.
Namdak (aged 33), a Mongolian worker in Hwayang Prastic Co. Ltd., suffered long from illness after entering Korea because Korean culture and food did not agree with him. When he went to a hospital, he was unable to speak where it hurt, and instead had to communicate using his hand gestures.
Namdak has since made a lot of efforts to learn Korean, so now he can speak Korean fluently.
He is taking a cooking class on holidays, which is provided as part of the Returnee Support Program, to acquire the relevant qualification. He wishes to set up a Korean restaurant in Mongolia after going back, and help Mongolian people to have healthy food and live long, because Mongolian people do not live long because they eat fatty food, such as lamb, and have no diverse cooking culture.

The Returnee Support Program is a program aimed at preventing foreign workers from staying illegally in Korea after their sojourn period has expired. Under the Program, the HRD Korea (President Song Young-jung) helps foreign workers to be reemployed by Korean firms operating in their home countries.
The Program is run in a way to encourage foreign workers' voluntary return to their countries. For example, skill-based business start-up training is provided for those due to return to their countries.

August 17 marked the seventh year since the Employment Permit System was launched.
At the evaluation forum held at the Baekbeom Memorial Hall last week to mark the 7th anniversary of the Employment Permit System, Song Young-jung, President of HRD Korea, emphasized the roles of the Employment Permit System in achieving shared growth for both foreign workers and their employers, and its development.
On that day, Yu Gil-sang, a professor of Korea University of Technology and Education, gave a presentation under the theme of "The Employment Permit System into the 7th Year : Achievements and Challenges". During his presentation, he said, "The process of introducing foreign workers became transparent, and remarkable progress was made in reducing discrimination between Korean and foreign workers." He also said, "The System should be further developed in a way to protect employment opportunities for Korean workers, raise productivity at SMEs and minimize the related social costs."

Meanwhile, HRD Korea is fully responsible for selecting foreign workers under the Employment Permit System, preparing and managing the list of foreign job seekers, making employment contracts on behalf of foreign workers, and assisting foreign workers with their entry and departure.
Last June, HRD Korea became the first public institution in Korea to win the UN Public Service Award under the category "preventing and combating corruption in the public service". It was selected as the UNPSA first-place winner for the transparent and fair operation of the system relating to the introduction of foreign workers.

Now 1,400,000 foreign workers are living in Korea.
Foreign workers are establishing themselves not as strangers but as neighbors who are mixed up with us and assimilate into Korean society.

http://www.moel.go.kr/english/topic/employment_policy_view.jsp?&idx=838



Courtesy of Gennie Kim, Adviser- Sulyapinoy Online Forum

Speech of Amb. Cruz on the 7th Anniversary of the EPS By: H.E. Amb. Luis T. Cruz

Distinguished guests, Friends, Ladies and Gentlemen, Let me, at the outset, congratulate the Ministry of Employment and Labor (MOEL) and the HRD-Korea for seven very fruitful and meaningful years of managing and charting the direction of the Employment Permit System. In my years of service as a diplomat, I have come to learn that we can all benefit from the best practices of different countries. The EPS, I am proud to say, is one of those systems that deserve emulation. The EPS is so efficient and holistic as to include all processes from selection and deployment to feedback and contract termination, and yet it so accessible and open-minded as to be able to adjust to, and improve with, the demands of the times. Such a system, indeed, is a rarity.
It therefore comes as no surprise that the EPS was selected as the 1st place winner of the UN Public Service Awards on June 23, 2011, in the category of �Preventing and Combating Corruption in the Public Service.� I am very honored to be given the opportunity today to humbly share some of my thoughts about the EPS with our distinguished audience.

As an EPS sending country, the Philippines has approximately 27,000 EPS workers throughout South Korea. The previous speakers have given ample information about the EPS so I will focus my ten-minute intervention on my viewpoint as an ambassador. In drafting my speech, I have consulted with other embassies as well.

Allow me now to elaborate on my point about how exemplary a system the EPS is. With the entry of foreign workers come various issues related to immigration. Adjustments are made not just by the worker, but also by the employer and the community that shelters the foreign worker. The adjustment, in fact, is not made just by the workforce alone but by the entire Korean society. The presence of locals and foreigners leads to a dynamic interaction that inevitably shapes the way of life and thinking of the people. Multiculturalism is a societal trend that is made possible not only by foreign spouses and expatriates, but also by the thousands of EPS workers who have found a second home in South Korea � no matter how short their stay is.

The EPS makes sure that the foreign worker is able to adjust as smoothly as possible.

 For instance, EPS workers require knowledge of Korean prior to deployment, since developing language skills early on helps minimize communication gaps.

 The workplace is not a perfect setting, and anywhere in the world, there are problems related to possible worker maltreatment, abuse or discontent. In South Korea, common complaints we receive from EPS workers pertain to delayed salaries, misrepresented contracts, and physically or verbally abusive sajangnim or colleagues. It is important that we become aware of these issues but it is even more important that we address these issues. The EPS is unique in that the system has established several centers nationwide that are specifically tasked to handle the grievances of workers. I therefore reiterate my thanks to the MOEL and the HRD because they are directly concerned with the welfare of our workers. For example, an EPS worker can get his or her delayed salary and transfer to a better workplace through MOEL Job Centers and HRD branch offices. The MOEL and HRD help make the job of embassies to protect the rights and welfare of foreign workers easier, because your offices are placed strategically nationwide, in areas that are far from where embassies are located.

 The EPS is not only concerned about the stay of the workers here, but also about the future of the workers once their tenure ends. The HRD offers various training programs to current workers that will help them gain employment in their home countries or start a business. Such reintegration programs are essential, because their focus on capacity-building gives workers greater confidence to pursue other exploits.

The Philippines understands very well the need for reintegration programs. There are more than eight million Filipinos working abroad, and it is our desire to continually strengthen our economy to generate more local employment. We want our nationals to bring back their experience abroad and share their skills in the Philippines. At the same time, we want to give them every reason and opportunity to return.

Here in South Korea, the Philippine Embassy, through the Philippine Overseas Labor Office, regularly conducts regular sessions on skills and knowledge enhancement for Filipino workers. Last year, for example, the embassy conducted one course on PC assembly; six seminars on financial management; two three-weekend classes on entrepreneurship; one seminar each on franchising and the business climate in the Philippines; and one forum about housing options for foreign workers. All in all, around 800 workers have taken part in our reintegration programs.

In the Philippines, workers and their families can take advantage of various similar reintegration programs. The Philippine Overseas Workers Welfare Administration, for example, has several other skills and knowledge programs that range from SME development to scholarship opportunities for talented but needy children. The Philippine Department of Labor has recently announced the availability of non-collateralized loans for those who wish to start a business. Budgeted at around US$47 million, the loan includes a program for business matching and entrepreneurship training.

Perhaps the reason why EPS workers are in a position of greater flexibility and decision-making compared to foreign workers in other countries is because the system itself has inherent processes that do not restrict themselves with sole deployment; the system oversees and prepares for the stay and eventual return of the worker. I hope that I am able to speak on behalf of my diplomatic counterparts when I say that, in spirit and implementation, the HRD and the embassies have a common goal: the welfare and the rights of the workers.

Having said that, let me take this opportunity to air some views that I believe can be used to further improve the EPS. It is not everyday that I am able to discourse with individuals such as you, so I hope you understand my audacity at raising ideas that can perhaps lead to policies that are even more meaningful and relevant in our common quest.

For instance:

 For workers who have completed their sojourn, it may be best if they no longer have to retake the Korean Language Test and other exams. These are people who already passed the tests once and who have lived in South Korea as EPS workers. Requiring them to take the same test to be included anew in the roster is a redundant process that only consumes time and resources. This requirement can be waived without damaging the reason behind the exams, which is to ensure that the workers are able to adjust to Korean society and perform their jobs. Returning workers have already proven that.

 The waiting period of six months for EPS workers who have completed their sojourn translates to a period when productivity risks a dip. Employers who wish to retain the same people have to deal with the costs of retraining and adjustment while waiting for the period to lapse, while EPS workers who are still qualified to apply have to contend with half a year of untapped potential.

 Attention can perhaps be given to further improvements in the agricultural and construction sectors, which appear to have less defined parameters of operation than the manufacturing sector.

 It is our understanding that the EPS is developed in such a way that it prioritizes the infusion of new blood � meaning that workers can only stay up to a certain period and up to a certain age. The idea is that they will go back to their home countries and they will be replaced by other individuals, thereby giving others a chance to become part of the system. Now may be a good time to re-examine this arrangement.

 The bond between an employer and an employee who have developed mutual trust and confidence is sacred. Such a relationship needs time and nurture. It is a relationship that can be viewed as a long-term investment because it leads to greater productivity and can expand operations.

 The current system only allows up to a maximum of four years and ten months of sojourn for the EPS worker. The worker then has to wait out six months in the home country. Upon return, he or she can only work up to around 38 years old. An EPS worker who joins now at the age of 22, for instance, can only work three times or a total of approximately 14 years with six-month breaks in between.

 Assuming that the worker goes to the same employer each time, the bond between them will have to be broken once the worker�s age ceiling is reached. In a typical workplace, the benefits of 14 years of experience are immeasurable.

 I respectfully wish to propose a system where, for as long as the employer is willing to take in the worker, the worker can be allowed to stay legally. The employer is in the best position to judge the skills and resourcefulness of the worker. Once either employer or worker wishes out of the contract, the worker can find employment elsewhere � assuming that another SME is willing to receive the transfer.

 We are not even talking about permanent residence. We are talking about giving the employer and the employee who have formed a bond the opportunity to let the working relationship flourish � such bonds cannot be aptly captured or maximized by designations of age ceilings. Short-term employment visas that have to be periodically renewed can be used.

 The worker will still be under the EPS and will still be counted in the quota. In the long term, this arrangement may be more feasible than a regular turnover of workers. It will also be cost-effective for the MOEL / HRD when handling its operations. We can expect more workers to violate the provisions of their visa for every turnover that takes place. Over time, the number of undocumented workers may increase. The age ceiling may thus be counterproductive in the long run if one overriding purpose is to encourage workers to stay legally.

 By abolishing the age ceiling, workers can have the opportunity to stay legally. Certain conditions should of course be put in place, first and foremost of which is the willingness of the registered employer.

 I wish to highlight the importance of the employer in this set up. Oftentimes, when we talk about the EPS, we think about the foreign worker. In reality, several other stakeholders exist, such as the government and, of course, the employer.

 And many employers themselves like to retain their workers. Employers, in fact, are among those who signed a petition last year requesting improvements in the EPS. I believe that their voices should also be heard in forums like this, because they are the ones who directly deal with the foreign workers.

 I hope that, at an opportune time, the Korean Government can also study the possibility of providing amnesty to overstaying workers and find a way for them to become eligible to apply to the EPS. The EPS is such an excellent system to deny, and I sincerely hope that the system will cover as many workers as possible. It is a system that I sincerely believe should be emulated by other countries and in other sectors.

In summary, the EPS is an excellent system that deserves the praise it has received. Thanks to your hard work, the goal of the MOEL / HRD and the embassies in South Korea in protecting the rights and welfare of workers is ably shared. Lastly, there are many ways to further enhance the current system, and I hope that you will find merit in some of my points.

Thank you very much.

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courtesy of Philippine Embassy to Korea

http://www.philembassy-seoul.com/news_details.asp?id=461

Wednesday, August 24, 2011

public notice on career certificate for foreign workers.

Following is a public notice on career certificate for foreign workers.



Please refer to the following.



Launching Internet service : issuance of career certificates for foreign workers

For whom : Foreign workers under the EPS

Web site : EPS English and multi language homepage (http://www.eps.go.kr/)

ㅇ How to apply and print the certificate of career

1) Foreign workers need to sign up http://www.eps.go.kr/ with their passport number or registration number of EPS-TOPIK.

2) After successful log-in, foreign workers are able to check their designated test date and venue for a skill test and its result after finishing the test, current status of a labor contract and to print the certificate of career.

3) Information of contract and current address must be written in English

4) Purpose of a career certificate issuance should be filled in(only in English).

5) Application of the issuance is limited only once and the number of available print copies is limited as 5 copies

※ If a worker want another copies of career certificate more than 5, he/she should visit EPS center or a regional branch of HRD Korea then request additional issuance of career certificates.

- A worker can apply the issuance of career certificate by visiting a regional branch of HRD Korea with his/her passport also(instead of application via internet)


Courtesy of NLCC

Wednesday, August 17, 2011

Incheon Airport to Introduce Facial Recognition System

A facial recognition system is to expedite immigration procedures at Incheon Airport from next year. The system scans the photo on a passport to store in a database and then takes a photo of the passport holder to make a comparison. Once introduced, it is expected to reduce the clearance process to 15 seconds.

The airport has been operating two automatic clearance gates with a facial recognition system on a trial basis since last year, and another 14 will be set up this year.

"Immigration procedures are shifting from fingerprinting or iris scan to face recognition. It's an international trend," an airport spokesman said.

"As all the information about your face is stored in a database, including the size and shape of pupils, nose and mouth, the accuracy is very high," claimed Samsung SDS, the developer. The pupil data are important as pupils cannot be changed with makeup or plastic surgery, it added.

The airport said about six months of tests last year revealed an accuracy of 92 to 94 percent. In Australia, New Zealand and Portugal, airports already have the facial recognition system, and it is being installed in the Netherlands.

The Korea Immigration Service has not decided when to start putting the system into full operation. According to the immigration office at Incheon Airport, it is still being tested and its introduction will only be possible when accuracy reaches reliable levels. Currently, the airport's automatic gates are based on fingerprinting.

courtesy of englishnews@chosun.com / Aug. 10, 2011 13:15 KST


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Korean Airports to Embrace Full-Body Scanners


Incheon International Airport and three others in Korea will introduce the controversial full-body scanners being installed at airports in the U.S., U.K. and elsewhere to prevent terrorist attacks on passenger planes.

The Ministry of Land, Transport and Maritime Affairs on Wednesday said it will bring in six or seven full-body scanners, three to four for Incheon and one each at Gimpo, Gimhae and Jeju airports. They cost a hefty US$200,000 a piece. Only passengers who have been flagged on a primary security check or those whose names are on terror watchlists will be subject to the full-body scans, the ministry said.

At present, the U.S., U.K., the Netherlands and Japan are trialing full-body scanners, while Canada, France and Thailand have decided to install them. There have been calls within Korea to install the machines ahead of the G20 Summit in Seoul in November. But there are also concerns over invasion of privacy, since the scanners produce an anatomical image of passengers' bodies, including breasts and genitals. Detractors say the images could fall into the wrong hands. Spain, which chairs the EU, opposes their use.

"Pregnant women, small children and disabled people will be excluded from full-body scans, while measures will be taken so that images cannot be stored or transmitted elsewhere," a ministry official claimed. "Faces, genitals and breasts will be blurred so there should not be any problems." The ministry said it plans to situate image analysis teams in separate areas to protect the privacy of scanned travelers, while security staff will be barred from carrying cameras or mobile phones into the analysis rooms.

englishnews@chosun.com / Jan. 28, 2010 09:30 KST

Tuesday, August 2, 2011

Labor Standards and EPS Updates regarding 40 hours working schedule

Work hours to be reduced to improve productivity and quality of life. Starting from 1st July 2011, 40-hour workweek will be further extended to apply to workplaces hiring 5 or more but less than 20 employees. The Ministry of Employment and Labor announced on 5 October 2010 its plan to revise the enforcement ordinance of the Labor Standards Act. 40-hour workweek has been under implementation since 1st July 2004 firstly applying to workplaces hiring 1,000 or more employees as well as finance and insurance businesses and public institutions. It has gradually expanded its coverage and currently it applies to workplaces with 20 or more employees. It was introduced to reduce statutory work hours from 44 to 40 in a view to enhance quality life of workers.

Upon the revision of the enforcement ordinance, around 2 million workers of 300,000 workplaces hiring 5 or more but less than 20 employees will be covered by the workweek. However, it will not apply to workplaces with less than 5 employees as work hour and leave-related regulations of the Labor Standards Act are not applicable for them.

The Ministry of Employment and Labor estimates when the 40-hour workweek system is applied to the workplaces hiring 5 or more but less than 20 employees, Korea�s work hours, which are the longest among the OECD countries, would decrease substantially. Also it expects that productivity at workplaces and quality life of workers would improve.
As for the worry for additional labor costs for small businesses, the Ministry expects that decrease in additional allowance for overtime1, repeal of monthly leave and paid menstrual leave would deflate the burden for additional labor costs.

On the other hand, the Ministry considers that for the businesses hiring less than 20 employees can suffer difficulties in introducing the 40-hour workweek system as they are not familiar with related labor laws. So, it will hold education, PR and consulting programs in cooperation with business owners of targeted areas with many applicable workplaces so that the system can take firm root.

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EPS News dated last 2010-12-05

Topic In case of Saturday work under 40 hour work week system, holiday work allowance

ㅇ In case workers do not work on Saturday under the five-day workweek in which statutory working hours are reduced to 40 hours per week, Saturday is naturally considered a holiday or non-working day. In this case, Saturday is an unpaid, non-working day unless otherwise agreed upon by labor and management.
In such a case, if the employer gets his/her employee to work on Saturday, the employee will not be paid holiday allowances, but if his/her weekly working hours exceed 40 hours, will be paid overtime allowances.

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Labor Standards dated last 2010-12-29

Topic After changing 44 work-hour week system into 40 work-hour week system, when the number of workers is reduced due to economic reason, etc, does the legal application still remain effective?


For legal security and protection of reliability, the 40 work hour system remains effective.

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Labor Standards dated 2010-12-29

Topic Legal characteristics of saturday under 40 work week system(5 work day week system)

If there is no agreement between labor and management about saturday, saturday is unpaid duty off day, not holiday.

o So, for saturday working, the company pays extended work allowance additionally in the case of work in excess of legal working hours(40 hrs a week)

ex) under 40 work hour week system, in case of a worker who was absent on Tuesday works and worked on saturday for 5 hours,

->The total work hours of the concerned week is less than 40 hours, an employer can pay wages for actual working hours without extended work allowance.



Source: http://www.moel.go.kr/english
--> on 40 hours working schedule

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Ito po ang mga kasagutan sa inyong mga katanungan tungkol sa pagpapatupad ng 40 hours

working schedule para sa lahat hindi lamang sa mga foreign workers (EPS) pati na rin sa mga

Koreans. Ang mga impormasyon na ito ay base sa pakikpanayam namin ng boss ko at sa

labor Office hinggil sa nasabing 40 hours working schedule simula july 01, 211

. --- dated July 1, 2011

Basic Pay - 4, 320 won per hour OT pay (basic pay * 1.25) - 5, 400 won per hour


Night Differential is 4, 320 * 0.5 and/or ( 2160 from 10pm-6am )

2 , 160 won * 8 hours =17 280 in 8 hours



In one week, regular days without overtime

(regular weekdays basic pay / hour * 8 hours/ day) * 5 days = 172, 800 in one week

( 172, 800 in a week * 4 weeks in a month ) = 691, 200 won in a month with only 40 hours


In overtime work

**ang overtime pay na po is 1.25 (like 4 320 basic pay per hour * 1.25) sa walong oras na

work ay 5, 400 per hour...

**ang overtime sa weekdays ay mula natapos ang 8 hours, ang oras na ito ay overtime pay

na,subalit iba dito ang night differential kung saan nagsisimula sa 10 pm to 6 pm..

**ang overtime din ay pag pumasok sa sabado, at itoy 8 hours work * 1.25, ang 1.25 ay

bago na pong rate simula ngun july 1, 2011, na di tulad ng nauna na 1.50 rate.


** subalit sa ibang company kung dati may work ang sabado,ang ginagawa ay distribute

nila sa lahat ng weekdays ung 8 hours work para maging OT parin...

Subalit ang sabado ay walang pasok, kung papasok man kayo depende narin sa company

ito, kung ay papasok sa sabado itoy magiging Overtime, ngunit no work no pay ang policy sa

sabado..

** sa ibang company naman, kahit hindi sila pumasok sa sabado, nagbibigay ng company ng

70 % or 100% full basic salary pay, NGUNIT WALA ITO SA CONTRACT, ibig sabihin sa

company mismo..

** sa 40 hours working sched, tinanggal na po ang Monthly allowance or Wolcha... ang wolcha

ay nsa batas ng labor kung saan binibigay ito sa lahat ng workers kung saan wala kang

absent sa isang buwan, at ito po ay tinanggal na..

** sa pagtanggal ng wolcha na nsa batas ng labor dati,isa pa din dito ang Nyeon cha or yearly

allowance kung saan makakatanggap ang bawat workers ( ang nyeon cha ay ang kabuuang

15 days / year na kung saan wala kang absent, ang nyeon cha ay nsa batas ng labor law.

Ang ju cha o weekly allowance ay WALA sa labor kundi nsa jurisdiction lamang ito ng bawat

company

** at ang mga bunos namn ay wala sa LABOR law, kung saan sa company lang ito galing

o nagbibigay para sa workers...galing ang pay na ito.


Maraming Salamat po, at sana maliwanagan ang lahat tungkol sa 40 hours work sked.

source: sulyapinoy