Municipal Ordinance No. 886, Mar. 21, 2012

Article 1 (Purpose)

The purpose of this Municipal Ordinance is to prescribe matters necessary for support to irregular workers, such as the establishment, operation, etc. of a policy council and a center for support to irregular workers of Jeju Special Self-Governing Province in order to prevent discriminatory treatment of irregular workers of Jeju Special Self-Governing Province and to promote their basic labor rights.

Article 2 (Definitions)

The term "irregular worker" used in this Municipal Ordinance shall mean any of the following persons:

1. A worker falling under subparagraphs 1 and 2 of Article 2 of the Act on the Protection, etc. of Fixed-Term and Part-Time Workers;

2. A worker falling under subparagraph 5 of Article 2 of the Act on the Protection, etc. of Temporary Agency Workers;

3. A temporary worker, day laborer, worker provided by a contract firm and contract worker whose form of employment is unstable in terms of employment contract, work hours, mode of supplying labor, place where labor is supplied, fringe benefits, etc.

Article 3 (Establishment of Policy Council on Irregular Workers)

In order to realize the following matters, the Jeju Special Self-Governing Province Governor (hereinafter referred to as "Governor") may establish a policy council on irregular workers of Jeju Special Self-Governing Province (hereinafter referred to as "Policy Council"):

1. Establishment of policies to prevent discriminatory treatment of irregular workers and to protect them;

2. Common sharing of information among institutions relating to irregular workers and the establishment of a cooperation system;

3. Exploring practical issues for support to irregular workers;

4. Matters concerning the operation of and assistance to the Support Center for Irregular Workers;

5. Matters concerning guaranteeing the basic rights of irregular workers, maximizing their rights and interests, etc.;

6. Other matters the Governor deems necessary.

Article 4 (Composition and Operation of Policy Council)

(1) The Policy Council shall consist of around 15 members including one chairperson and one vice chairperson.

(2) The Environmental and Economic Vice Governor of Jeju Special Self-Governing Province shall become the chairperson and vice chairpersons shall be appointed in order to assist the chairperson. Vice chairpersons shall be selected by mutual vote at the Council.

(3) Members shall be entrusted by the Governor from among the following persons:

1. The Director General of a bureau of Jeju Special Self-Governing Province relating to irregular workers;

2. Members of the Jeju Special Self-Governing Provincial Council, recommended thereby;

3. Representatives of workers' organizations or persons recommended by workers' organizations;

4. Representatives of civic social organizations or persons recommended by civic social organizations;

5. The head of the Support Center for Irregular Workers of the Jeju Special Self-Governing Province;

6. Other persons the Jeju Special Self-Governing Province Governor deems necessary.

(4) The term of office of entrusted members shall be two years: Provided, That the term of office of a member filling a vacancy shall be the remaining period of his/her predecessor.

(5) The Policy Council shall prepare and preserve meeting minutes, in which the time, place, members attended, agenda, proceedings, outcomes, etc. shall be stated.

(6) The members and relevant specialists present at the meeting of the Policy Council may be paid actual expenses, such as allowances, travel expenses, etc., within budgetary limits.

Article 5 (Meetings, etc.)

(1) In principle, the meetings of the Policy Council shall be held on a quarterly basis, however, where the chairperson deems it necessary or upon request by at least 1/3 of members, a meeting shall be held.

(2) The Policy Council shall hold a meeting with a majority of the members in attendance and pass resolutions with a majority of votes present.

(3) Other matters necessary for the meetings, operation, etc. of the Policy Council shall be prescribed by operational bylaws.

Article 6 (Establishment of Support Center for Irregular Workers)

In order to guarantee the basic labor rights of irregular workers, to advise on the settlement of discrimination, etc. and to positively support in enhancing their quality of life, the Governor may establish a support center for irregular worker of Jeju Special Self-Governing Province (hereinafter referred to as "Support Center for Irregular Workers").

Article 7 (Projects)

The Support Center for Irregular Workers shall conduct the following projects:

1. Providing counsel to irregular workers;

2. Study on the condition of irregular workers of Jeju Special Self-Governing Province and research thereon;

3. Education on labor-related Acts and subordinate statutes concerning irregular workers and on human rights;

4. Projects for the stabilization, facilitation, etc. of employment, such as the supply of information on employment to irregular workers, etc.;

5. Other projects deemed necessary for enhancing the rights, interests and welfare of irregular workers.

Article 8 (Operation)

(1) The Governor may operate the Support Center for Irregular Workers by entrusting its operation to a nonprofit institution or organization for efficient operation.

(2) The Municipal Ordinance on the Entrustment of Duties of Jeju Special Self-Governing Province to Nongovernmental Organizations shall apply mutatis mutandis to the entrusted operation of the Support Center for Irregular Workers.

(3) The Governor may give necessary financial and administrative assistance in the operation of the Support Center for Irregular Workers within budgetary limits.

Article 9 (Termination of Entrustment)

(1) Where any of the following grounds arises, the Governor may terminate entrustment:

1. Where the entrustee violates any condition of entrustment or liabilities;

2. Where the entrustee is determined unable to perform entrusted duties.

(2) Where entrustment is terminated or the period of entrustment expires, the entrustee shall immediately return all kinds of facilities and equipment.

Article 10 (Enforcement Rule)

Matters necessary for the enforcement of this Municipal Ordinance shall be prescribed by Rule.

ADDENDUM

This Municipal Ordinance shall enter into force on the date of its promulgation.