Young Convenience Store Worker Recovers Withheld Severance Pay and Holiday Allowances with Help from Gyeonggi Province Labor Rights Center
[Suwon Ilbo=Park No-hun] A young part-time worker residing in Gyeonggi Province has received a full five years of withheld holiday allowances and severance pay with the assistance of the Gyeonggi Province Labor Rights Center.
According to Gyeonggi Province on the 23rd, a man in his late 20s, identified as Mr. Lee, worked part-time at a convenience store in Pocheon from June 2015 to March 2021, but did not receive a single won in holiday allowances or severance pay for the five years.
The problem was that the business owner exploited Lee's honest and gentle nature. As is typical in such cases, the owner did not prepare an employment contract and even had Lee sign a written pledge stating that he would 'not receive severance pay.'
Under the current Labor Standards Act, even for part-time workers, both the business owner and worker must prepare an employment contract. Workers who work 15 hours or more per week are entitled to holiday allowances, and those employed for one year or more are eligible to receive severance pay.
It was clearly an unlawful employment contract exploiting the power imbalance between employer and employee, constituting workplace abuse. The problem is that such cases are commonplace across the country.
The victim, feeling wronged and distressed, searched for wage theft consultation on internet portals with family support and coincidentally discovered the existence of the 'Gyeonggi Province Labor Rights Center.'
Initially, he had looked into other labor consultation support organizations, but was concerned about their significant fees.
Fortunately, he learned that the Gyeonggi Province Labor Rights Center offered free consultation and hesitantly approached the center.
Upon taking the case, the Labor Rights Center conducted in-depth basic consultation and actively supported rights recovery through village labor attorneys in Gyeonggi Province.
Initially, the business owner attempted to settle for only 3 million won for five years of severance pay when the dispute emerged. However, through legal action warnings and continued persuasion, he was finally able to receive 7 million won in back-owed holiday allowances and severance pay for five years.
Lee's sister shared her thoughts, saying, "The past five years, during which my brother worked so hard like an ox at the convenience store, flash before my eyes like a revolving lantern. I sincerely thank the village labor attorney and the Labor Rights Center for looking after him until the very end."
Kim Gyu-sik, Director of the Department of Labor, stated, "Regardless of how short-term a part-time job may be, employment contracts must be made between workers and business owners on the basis of the Labor Standards Act, transcending the power imbalance, in a mutually equal and fair manner. Therefore, labor rights must not be violated based on disability, gender, lack of awareness, or age. Going forward, Gyeonggi Province will actively support vulnerable workers in confidently claiming their rights."
Since its opening in March 2019, the Gyeonggi Province Labor Rights Center has been providing consultation and rights recovery support for various labor rights violations with 96 village labor attorneys, working toward the realization of 'a fair world where labor is respected.'
Residents in need of consultation can refer to the Gyeonggi Province Labor Rights Center website (www.labor.gg.go.kr) or contact the center directly at 031-8030-4541.