[직장내 괴롭힘 신고에] Samsung SDI did not take action, saying it was “before the law was enforced”

▲ File photo: Workplace Gapjil 119

A claim was raised that Samsung SDI did not take sufficient action even after receiving a report of workplace harassment.

Combining the coverage of on the 17th, Samsung SDI investigated the reports of workplace harassment filed in November 2019 for about four months. The conclusion was, “Although the content of the complainant’s claim is confirmed to be true, the workplace harassment regulations cannot be applied because it occurred before the enforcement of the Labor Standards Act (July 16, 2019) related to workplace harassment and the revision of our employment rules.” .

Employers who received a report of workplace harassment should take appropriate measures, such as changing the workplace and ordering paid leave, to protect workers who have suffered or are alleged to have suffered harm during the investigation period, but no such measures have been taken. In the end, the harassment continued and the victim took a leave of absence in May 2020. In October of last year, the Korea Workers’ Compensation and Welfare Service recognized the cause of the worker’s depression as workplace bullying and recognized it as an occupational disease.

“I am sarcastic as a ‘manager’
My gossip as if to be heard”

“I was sitting next to him, and I was exchanging messengers with other people and saying, ‘I need to get him out of the job. I have to get kicked out of my job,’ he said out loud. I always check to see if there are other people around.”

The start of bullying that Hyejin Jeong (pseudonym) remembers was around August 2017. Colleague A, who works with me, is returning to work after taking a leave of absence. Jung, who took over the work of a colleague’s health manager while on leave, said he did not want to change his work again after eight months. After that, the nightmare time began.

When he was motivated to apply for a national budget project to win a budget, and to change the company’s interior to improve the health of his employees, the perpetrators sarcastically called Jung a ‘businessman’. It is a nickname given to him because he worked with a representative of an outside company.

The main perpetrators, Mr. A and Mr. B, did not stop at slandering, but continued the bullying, such as proceeding with work while excluding Jung or trying to exclude him from department meetings. Mr. B also explicitly said, ‘When are you going to leave the company?’

In February 2018, Jung informed his boss of this fact, but the problem was not resolved. Boss C told Ms. Jung, “I took action to the person in charge,” but the action taken by Mr. C was to deliver the evidence that the victim had collected with difficulty to Mr. A and B. Then, he told Mr. A and B, “Refer to the following (attached below), and do not (gossip) through company channels such as personal emails or messengers. do it,” he announced.

In March 2018, the plant manager at the time suggested “discipline the perpetrators” when Jeong complained of pain, but Jung became weak and chose to be dispatched to another department instead of punishing the perpetrators.

However, after returning from dispatch for two months, what appeared to be ‘disadvantageous measures’ such as frequent change of work continued. He said, “I came as a health manager, but he did not give me health work, but mainly entrusted me with safety work. . In the end, Jung took a leave of absence for two months in March 2019.

“Let’s ask for separation measures after reporting
Give me the empty space used as a warehouse.”

The reason why Jung decided to report workplace harassment to the company in November 2019 was being called a whistleblower. In the same month, the Ulsan branch of the Ministry of Employment and Labor imposed a fine of 3 million won to the company for “non-granting health duties to senior health managers”. This was the reason why Jeong, who had been appointed as the company’s health manager with a nurse’s license, raised the issue around June 2018. Colleagues, including the perpetrator, pointed out that Mr. Jung raised the issue with the Ministry of Labor, and one of his bosses said, “It is reasonable to doubt you.”

Jung said, “I endured with the idea of ​​’learning’ to change jobs frequently, but as false information spread throughout the company, it became difficult to endure.”

In the process of the company’s investigation of workplace bullying, the principle of ‘victim-centredism’ was not found. He said, “The data submitted to the company claiming to be workplace harassment were shared with the perpetrators. I told you to do it,” he said.

Upon requesting separation measures after reporting, the company suggested moving to a space that was used as a warehouse and had no proper office equipment.

In the end, the company posted a new nurse (contract) job announcement in December 2019 to replace Jung. The boss said, “It is a matter that the company has considered and decided as a countermeasure after the inspection by the Ministry of Labor.”

This is because Jung’s job was as a health manager. In 2016, Jung worked in another department for nearly five years, but he needed a health manager with a nurse’s license, so he was advised to move to the department, and since then he has been appointed as a health manager. Jung explained, “To work as a health manager, I completed all the nurses’ refresher training that I had not done for four years, and from March 2018, I went to graduate school in a related department.”

Jung was fired from his health management position in February 2020, when the company was investigating workplace bullying, and filed a complaint with the Ministry of Labor, saying, “When I reported workplace bullying, the company treated me unfavorably.”

In April 2020, the company said, “Some of the claims made by the complainant regarding the complainants A and B are confirmed to be true. No,” he concluded. Regarding managers C and D, it was concluded that “there was a lack of organizational management, but it cannot be regarded as simply neglecting the perpetrators, such as giving warnings to the perpetrators.”

At the time of Mr. Jung’s subsequent application for industrial accident, colleagues filled out a fact confirmation form by hand and said, “Most of the workplace harassment of Mr. Jung is known by people in charge of safety and related work.” , it seems to be a closed organizational culture.” “The absurdity, evil, and abusive practices of Samsung SDI’s Ulsan plant are so famous that even those in other workplaces are well aware of them. Jung was also one of the victims of such absurdity,” he defended.

Provided by Hyejin Jeong (pseudonym)
▲ When the victim requested separation after reporting workplace harassment, the company suggested moving to the space that was used as a warehouse.

Korea Labor Welfare Corporation recognizes industrial accident after retrial
Company “Closed with no violation of law as a result of investigation by the Ministry of Labor”

Hye-jin Jeong applied for sick leave in May 2020 when she came to the point of thinking about making an extreme choice. Jung said, “I couldn’t work with these people (plural offenders), so I asked for separation measures, but it didn’t happen.” claimed that

The Ministry of Labor said that when Jung was dismissed from the health manager position in June of that year, the perpetrator A was also dismissed, and that the new hire had more clinical experience than Jung, so Jung’s argument that ‘he is more suitable for a health care manager’ must be justified. Based on the fact that it is difficult to see, it was decided that there were no violations of the law.

However, Kim Hyun-jung (pseudonym), who was newly hired instead of Jeong and performed health management duties, told , “My job was mainly to check workplace hygiene and respond to COVID-19 infection. There was very little work done,” he testified. “I felt that the reason for dismissing Jung from the health manager position was not clear,” Kim said.

In November of last year, the Ulsan branch of the Korea Workers’ Compensation and Welfare Corporation recognized the “other episodes of depression” of the injured as occupational accidents. This is the conclusion that came after requesting a re-examination of the disposition of disapproval of medical care after refusal of approval once. Samsung SDI did not submit the industrial accident questionnaire, which should be submitted within one month from the date of the industrial accident.

Kim Jae-hyeon, a certified labor attorney (Labor Law Office Hoyeon), said, “In this case, even after reporting harassment, we were busy covering up. If no action is taken, the condition of the victim has worsened.” He argued, “We need to move away from the idea that workplace bullying is a problem between individuals and look at the organizational culture within the workplace.” Kim added, “The Industrial Accident Compensation Insurance Act and the Labor Standards Act (the Prohibition of Workplace Harassment Act) each have a purpose.

Samsung SDI said, “As a result of the investigation by the Ministry of Labor, it is understood that the case was closed without any violation of the law. Regarding the follow-up plan, he added, “For now, it is difficult to say anything because I am on leave.

At the time, the Labor Inspectorate who made a ‘no charge’ disposition said, “At the time, we were not arguing about workplace harassment, so we did not make a judgment on whether or not workplace bullying was.” I made a decision based on the parts listed in the award,” he said. This means that the conclusion of the Ministry of Labor does not mean that ‘there is no workplace harassment’. A and B, who were identified as the main perpetrators, left a text message respectively to get a response, but no reply was received.

Reference-www.labortoday.co.kr

Leave a Comment