[노동N이슈] Yellow Turban Protection Act? Who is the “yellow envelope method” for?

◀ again ▶

Last month, the yellow envelope law was presented to the National Assembly, which limits irresponsible damage to subcontractors.

One politician openly criticized the bill, calling it “an imperial protection law that promotes illegal strikes”.

However, reporter Cha Joo-hyuk pointed out who is actually promoting the strike and who will be protected if this law is passed.

◀ Report ▶

On February 10, CJ Logistics headquarters.

The delivery people entered the building and began to sit down.

In 2020, when 17 delivery workers died from overwork, the delivery companies entered into a social agreement to bring in a separate workforce for sorting.

However, he did not keep his promise and refused even to speak to the union.

“That’s the price of a courier’s life. Let’s have a conversation.”

(Come on come on.)

And after the siege of 21, he returned to a lawsuit demanding 2 billion won in damages.

The reason was that subcontractors who had no direct contractual relationship interfered with the main contractor’s work.

[장재혁/CJ대한통운 손배소 당사자]

“I only work for CJ and I am a person who makes a living on CJ’s commission. If CJ is not the user, then who is the user?”

A 31-day sit-up that got trapped in a steel structure.

Since they were cut due to the recession, they demanded a rise in wages.

However, DSME’s consistent response was that it had no obligation to negotiate with subcontractors.

[유최안/대우조선해양 하청노동자]

“I think all non-regular subcontractors in Korea are in the same position. If there is anything else you can do, please tell me.”

CJ Logistics, Daewoo Shipbuilding & Marine Engineering, Hite Jinro.

A subcontractor strike against a subcontractor is illegally tagged as soon as it begins, followed by a lawsuit against the subcontractor.

[윤애림/서울대학교 법학연구소 책임연구원]

“I’m not a user, so it’s an illegal strike because it’s illegally stigmatized by saying, ‘Anything that puts pressure on me should be your working hours.’

Under current trade union law, a subcontractor’s “employer” is often interpreted only as the subcontractor’s management.

Since they have no substantial authority, negotiating and striking will change nothing.

Hence, the content of the “Yellow Envelope Law” is to revise the union law and include the original contractor, who is the “real boss”, as the employer.

[이용우/민주사회를 위한 변호사모임 노동위원장]

“It is not an illegal promotion law. We want to normalize it. We adequately protect areas where irregular workers cannot exercise their three labor rights.”

Temporary subcontractors who are forced to go on strike illegally because they don’t even have the right to speak.

The amount of damages claimed from workers, including them, has so far exceeded 350 billion won. //

[김득중/쌍용자동차 손배소 당사자]

“We have to examine the essence of why he had no choice but to strike after he locked himself in that little cage.”

This is Cha Joo-hyuk from MBC News.

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