The Voice of the Modern Living Heroes

The O ffic ial Pub lic atio n o f Filip ino E PS Wo r kers Asso c iation - So uth Ko r ea ( FE WA)
필리핀 EPS (외국인 고용허가제) 근로자 협회 공식 발행 – 대 한민국
Volume 3 Issue 1 January 2011 www.sulyapinoy.org NOT FOR SALE

INSIDE THIS ISSUE

Minimum wage in 2011 is KRW 4,320/hr
Editorial
The Ministry of Employment and As the rate is set at 4,320 won
FAQ—Will there be
Labor decided to confirm the mini- per hour, daily minimum wage is
Contract Extension? 2
mum wage per hour at 4,320 won 34,560 won (8-hour work),
Feature 3
for the year 2011 and plans to monthly minimum wage is
Literary 4
promulgate it as of August 3, 2010. 902,880 won and 976,320 won
EPS Corner 5
under 40-hour workweek and 44
-hour workweek respectively. OWWA News 6
This is after the Minimum Wage
The minimum wage only includes Sari-sari 7
Commission concluded to raise the
minimum wage per hour by 5.1% basic pay and fixed allowances
from 4,110 won this year to 4,320 which are paid regularly, but
won on July 3, 2010 (refer to Labor overtime pay, annual and The rate will apply to all
Today No. 704) and the Ministry monthly leave allowance, hous- business and workplaces
made the rate public for ten days ing allowance, meal allowance, across the nation for one
from July 9 to gather different opin- etc. are not included. year from January 1 s t , 2011.
ions but didn’t receive any objec-
tion from the labor and manage- On the other hand, the
ment sides. minimum wage can cut
down to 90% of the normal
The rate will apply to all the busi- level for a probationary
ness and workplaces across the worker. It can further go
nation from January 1st to Decem- down to 80% for workers of
ber 31st, 2011 without any regional surveillance or intermittent
and occupational difference. How- job such as a security
ever, it doesn’t apply to family busi- guard, janitor, facility man-
ness hiring only family members, ager, etc. after their em-
housework employees, and seamen ployer obtained an approval
and ship owners. from the Minister of Em-
ployment and Labor. P h o to b y M a rc o B a r b o z a

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Taon sa lahat...
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 are considering to stay and to work the latest gossip on your current work-
Among EPS workers who will finish their
illegally since they would want to maxi- mate. How is this more different from
contract this year the frequently asked
mize the available jobs here and con- making yourself more aware of infor-
question (FAQ) is: Will there be a contract
sidering, too, their age of productivity. mation that can make you better with
extension? The most challenging reply
your personal affairs? It is high time for
would be: What are you doing and what
And of the Filipinos asked about the migrant workers to take charge, to
should be done to have a contract exten-
likelihood of those opting to become create public opinion, advocate and
sion? It is a tough question that needs a
undocumented after their contract ex- lobby for their desired contract exten-
good answer or a better solution. For
pire, it is projected that at least 70% of sion. Who will work on this issue if not
2011, EPS (Employment Permit System)
them might end up staying here ille- the migrant workers themselves?
workers are up for a collective challenge
gally. This data is unverified; it is based
that needs to be addressed decisively and And it also entails solidarity, networking
from unscientific “ramdam survey (gut-
promptly. and cooperation with other stake-
feel/pulse)”. But should this be the
case among Filipino migrant workers holders such as the academe, the
There were rumors spreading from the
alone, what would be the cumulative church, civil society or NGO groups, the
Hyehwa community that contract exten-
impact if other EPS workers of other labor unions, the businessmen (their
sions are now being processed for ap-
proval and issuance. The staff of Sulyapi- nationalities have the same tendency? sajangnims), among others. Migrant
workers should not wait for their gov-
noy would more than welcome to have this If this is the case, then Korea will face
a bigger concern from its already prob- ernments to address this issue. If there
as the news headline. But only until this
is no push from below coming from the
information has been verified and a memo lematic case of undocumented migrant
workers. So do we foresee more violent very own sector, most likely it will not
or announcement is received from both
be noticed and it won’t be addressed.
Korea’s Ministry of Employment and Labor crackdowns, which seem to be the way
as well as the Philippine Embassy will it this issue is being addressed? A labor policy is not only the business
become official. Until then, contract exten- and task of the Korean government. It
What ought to be done?
sions remain a topic of interest. is high time that the voice and perspec-
For EPS workers to say they are too tive of migrant workers be considered.
What is the likely scenario?
busy with work is a plausible excuse Migrant workers can craft their own
The first batch of those who worked and but not a good one. A Filipino adage policy agenda, particularly on the con-
were absorbed under the EPS law in 2005 says, “Kung ayaw may dahilan, kung tract extension they want. They have
will finish their allowed maximum stay of 5 gusto may paraan”. If there’s a will all the responsibility to protect the
-6 years this year. Most of them are now there’s a way. One finds time to surf gains and further develop initiatives of
familiar with the Korean culture and lan- around the internet looking at pictures those pioneering leaders’ mostly un-
guage. Many of them are well-adjusted and information walls of people in so- documented migrant workers who
with their jobs and are trusted by their cial networking sites, answering and risked their lives, sacrificed and suf-
employers. Most of these migrant workers chatting with their relatives and friends fered deportation just to have a better
are in their late 30s and some in their early through video or through typing more law that EPS workers are now benefit-
or mid-40s, which is beyond the age limit than 140 characters per instance, or ing from. (Cont. on page 3)
allowed for employment. Some of them going round the workplace trying to get

D I S C L A I M E R

Different opinions are encourage to stimulate

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2 www.sulyapinoy.org January 2011


I still remember arriving in Seoul
on a very cold winter day in Feb-
ruary 2005, and now, six years later,
I'm packing my stuff and getting
ready to leave.
It's been a learning experience for
me, to move to Korea without know-
ing a single person here or even
speaking a word of Korean. As any
Filipino knows, it's also extremely
difficult and challenging.
Most people might think I had an
easier time because I was a reporter
for an English newspaper. I admit I
always thought discrimination was
something that happened to "other"
people and not me, but I was wrong.
Discrimination can happen to any-
one, and it's not a very nice feeling
to be discriminated just because of
one's skin color, nationality and gen-
der. It was very disappointing to
meet narrow-minded people who
looked down on me simply because I
was a Filipino and a woman.
(Cont. from page 2)
Will there be contract extension?
It is up to migrant workers to keep this
as FAQ, as such, a constantly burning
question. But it is hoped that like any
FAQs there are reasonable answers and
practical solutions to them. EPS work-
ers should assert their own answers to
this question by collectively crafting a
policy agenda for contract extension.
To find not only the time to complain
and speak of them to one another in
whispers, but to consider finding the
time to actually render both ideal ob-
jectives that can push concrete actions
for better but realistic conditions by
which everyone can work with.
January 2011
by Cathy Rose A. Garcia
This only served to motivate me to
make me work even harder, proving
to them that Filipinos are hard-
working, honest and professional
employees.
But just because some Koreans treat
Filipinos badly does not mean all Ko-
reans are like that. I've been lucky to
have met many Koreans who have
helped me a lot, and have become
really good friends.
Despite all the difficulties (trying to
learn the language, adjusting to the
long hours at work, eating super
spicy food and homesickness), I've
had a lot of fun in Korea and I’ve
even come to love this country. I
have to admit there were times when
I cried a lot and I wanted to jump on
the next plane home, but I can’t be-
lieve I managed to stay for six years.
Some people ask me “why” when I I'm sad to leave crazy, fast-
say I'm leaving, when life is so paced Seoul, and all my
"good" here ~ the salary is better, friends here. I know I'll miss
public transportation is so conven- it a lot, but it really is time to
ient, and there's a lot of excitement. move on.
But there's really no place like home.
These graphs are based from the result
of the survey with the first 100 respon-
dents. A majority supports contract ex-
tension. There’s a trend indicating pos-
sibility of OFWs becoming undocu-
mented should there be no contract ex-
tension. Other information are still being
processed.
www.sulyapinoy.org 3

Pangarap at OFW
ni Ehd Villarta
Sa bawat sulok ng mundo palaging
may pinoy na nakadestino
legal man ang papel, o sa immigra-
tion ay nagtatago
di maikubli ang mga dinanas nilang
hirap at sakripisyo
ngunit nanaisin pa rin kahit ito ay
isang kalbaryo
January 2011
Mahirap nga naman ang buhay
sa pinas yan ang dahilan
kung malaki ang halaga ng
dolyar bakit piso'y pagtitiyagaan
di natin sila masisisi lahat ay
may sariling dahilan lahat ay
pwedeng gawin makaahon lang
sa kahirapan
www.sulyapinoy.org 4
Ilang taon na ring nawalay sa
asawa't mga anak
pinipilit mabuhay kahit lang sim-
ple at payak
ginugol ang oras sa trabaho
upang makaipon ng sapat
konting tiis na lang at matutu-
pad na rin ang minimithing pan-
garap
Pangarap na mapagtapos ang
mga anak sa kolehiyo
sariling lupa at magandang ba-
hay ang nais ipatayo
sapat na puhunan kahit maliit
lang na negosyo
o simpleng sasakyan na nais
ipagmaneho
Anu pa man ang mga pangarap
natin sa buhay
ito ang magdadala sa atin tungo
sa tagumpay
basta sa bawat hakbang na at-
ing gagawin
huwag nating kalimutan sa
Panginoon ay dumalangin...
SALARY COMPUTATION FOR HOLIDAY WORK
by: Dondave Jabay

1. Legal holidays and contractual holidays

○ Holidays include weekly holidays and Labor Day considered legal public holidays. The anniversary of the establishment of the company are
contractual holidays autonomously determined by labor and management.

○ Whether to set down agreed holidays as paid holidays or unpaid holidays depends on an agreement between labor and management. There-
fore, it is a general rule to treat it as contractual holidays and unpaid holidays unless such holidays are specified as paid holidays in the rule of
employment or collective agreements.

2. Extended work allowance and Holiday work allowance

○ Article 56 of the Labor Standards Act requires employers to pay by adding no less than 50/100 of ordinary wages for extended work, night
work or holiday work.

3. Calculation of wages for holiday work

○ Work on a holiday requires a payment by adding 50 percent to wages as a holiday work added allowance:

Division No labor offered Labor offered

No workdays with no pay
0％ 100% of wage for actual working hours+ extended work allowance (extra 25% or 50%)

Unpaid holidays
0％ 100% of wage for actual working hours+ holiday work allowance (extra 50%)

Paid holidays 100% of paid holiday allow- 100% of paid holiday allowance + 100% of wage for actual working hours + holiday work
ance allowance (extra 50%) + extended work allowance (extra 50%)

※ When a salaried worker works on Sunday, the employer is required to pay in addition by 150% only for such work on Sunday as weekly holi-
days (mostly Sundays) are included in monthly contractual working hours (226 hours in cases of 44-hour workweek system and 209 hours in
cases of 40-hour workweek system) and the monthly wages include weekly holiday allowances.

※ Holidays and no workdays

Both terms mean "days on which no obligation to render labor exists in origin." While holidays are enforced by law, etc, no workdays are not
enforced by law but are implemented under an autonomous agreement between labor and management. When a worker works on Saturday,
such worker is eligible to a holiday work allowance if Saturday in question is treated as a holiday, while, if the said Saturday is treated as a no
workday, the worker is eligible not to a holiday work allowance but to an extended work allowance. The amended Labor Standards Act provides
that an extra by a rate of 25 percent shall apply to the first 4 hours of extended work per week for the duration of the first 3 years from the date
the said Act enters into force.

4. Legal nature of Saturday, and relevant wages

- In cases when legal working hours are reduced to 40 hours per week making Saturdays as days for taking a rest, it is a general rule, if any
separate agreement between labor and management provides otherwise, to treat them as no workdays with no pay originally on which no obliga-
tion to work exists.

○ Accordingly, in cases when labor is rendered on Saturday, no holiday work allowance occurs but an extended work allowance (25 percent or 50
percent) occurs if 40 hours per week has been exceeded.

○ The amended Labor Standards Act prescribes that an amount by a rate of 50 percent shall be added to wages for payment for extended work.
However, in cases of workplaces adopting a 40-hour work per week system, an amount by a rate of 25 percent to ordinary wages shall be paid
for the first 4 hours of overtime work for the limited period of the first 3 years after the enforcement of the said amended Act.

5. Calculation of wages for work on holidays and no workdays

No workdays with no pay

eg) Cases in which a worker who is paid 5,000 won an hour and for whom Saturday is a no workday with no pay (day off) works 40 hours
from Monday through Friday and 6 hours of daytime work on Saturday :

․ Wages for the relevant Saturday work : wages (6 hours x 5,000 won) + extended work allowances (first 4 hours x 5,000 won x 25 percent) +
balance extended work allowances (2 hours x 5,000 won x 50 percent) = 40,000 won

(Cont. on page 6)

January 2011 www.sulyapinoy.org 5

 40-hour work week system expanded
Starting from July 1, 2011, the application of a
40-hour work week system will be expanded
to the workplaces with the employees of be-
tween 5 to 19. The cabinet meeting on De-
cember 21 agreed and decided the revision of
the Enforcement Decree of the Labor Stan-
dards Act which included the change of the
legal weekly work hour application expansion.
When the 40-hour work week system is ap-
plied to the workplaces with less than 20 em-
ployees, the system which was introduced first
to the workplaces with 1,000 employees or
more from July 1, 2004 comes to the final
phase. The number of workplaces with 5 to
19 employees reaches almost 300,000 and the
total number of the employees is nearly
2,000,000. The workplaces with less than 5
employees are exempted from the application
of work-hour and leave related legal provisions
enshrined in the Enforcement Decree.
The application of the 40-hour work week
system does not necessarily regulate a 5-day
work week system. It is possible for a
(Cont. from page 5)
company concerned to adopt a 6-day work
week, or 5-day work week, or 4-day work
week, as far as the legal work hours do not
exceed 40 hours per week. In addition, an
agreement between labor and management
on the new 40 work-hour system can provide
a grace period for the first 3 years allowing up
to 16 hours overtime per week and then up to
12 hours after 3 years of the grace period.
With the introduction of the 40-hour work
week system, the paid monthly leave will be
abolished and the paid menstruation leave will
be changed to the unpaid one. The annual
paid leave under the 44-hour work week sys-
tem starts from 10 days with the completion of
one year service and 1 additional day annually
in accordance with the continuous service.
However, the 40-hour work week system be-
gins with 15 days of paid annual leave upon
the completion of one year service, and 1 day
addition to 15 days after the completion of
two consecutive years in service.
The Ministry of Employment and Labor (MOEL)
has geared up the introduction of the 40-hour
work week system since 2004 phase by phase
in accordance with the size of the
workplaces, and has provided the 'work-hour
reduction subsidy' to the small and medium-
sized enterprises (SMEs) who introduced the
new work hour system 6 months before or
earlier than the legally regulated time sched-
ule. However, due to the expanded 40-hour
work week system to the SMEs, the subsidy
to the SMEs will be terminated by the end of
2010.
In the meantime, the MOEL anticipates that
the application of the 40-hour work week
system to the SMEs will cause some difficul-
ties in the introduction process at the work-
places, as the SMEs are yet to familiarize
themselves with the labor related laws con-
cerning the employment types, employment
provisions, employment contracts, leaves
and etc. Accordingly, the MOEL plans to
carry out circular education and internet
education programs for the SMEs concerned,
and establish the counselling centers which
will provide telephone, internet and face-to-
face service to respond to the requested
inquiries and questions which may appear in
the process of the expansion of the system.
(Source: KOILAF)

Broader coverage for retirement

Unpaid holidays

e.g) Cases in which a worker who is paid

5,000 won an hour and for whom Saturday is
an unpaid holiday works 40 hours from Mon-
benefits
(Source: KOILAF)
day through Friday and 6 hours of daytime
work on Saturday: Wages for the relevant
Saturday work : wages (6 hours x 5,000 won)
The related enforcement ordinance is amended at the cabinet meeting on September 14 th to
x holiday work allowances (6 hours x 5,000
won x 50 percent) = 45,000 won cover additional 1.52 million workers of workplaces with four or fewer employees.

Paid holidays
The Korean workers in
e.g.) Cases of working 40 hours who is paid
workplaces with four or
5,000 won an hour and from Monday through
Friday and 6 hours of daytime work on Satur- fewer employees will be
day on condition that Saturdays are holidays eligible to retirement
setting down 4 hours as paid hours and 2 benefit system starting
hours as unpaid hours: Wages for the rele-
from December 1st,
vant Saturday work : Paid holiday allowances
(4 x 5,000 won) x wages (6 hours x 5,000 2010. To be eligible for
won) x holiday work added allowances (6 x the retirement benefit,
5,000 won x 50 percent) = 65,000 won
a worker must work
6. As counseling based on the Internet P h o to b y M a rc o B a r b o z a continuously more than
having no authority to investigate the
one year at the same
relating parties allows counseling in gen-
workplace, the real date for the actual implementation of the system will be from December 1,
eral, please visit the local labor office
controlling the workplace bringing your 2011.
detailed monthly paychecks for further
counseling.
The government passed the motion for the amendment of the ‘ Enforcement Ordinance on
Source: NLCC (National Labor Consultation Cen- Workers’ Retirement Benefits Guarantee Act’ at the cabinet meeting held on September 14.
ter) http://www.moel.go.kr/english/main.jsp call Accordingly, it became institutionally possible that approximately 1,526,000 workers of small
031-345-5000. businesses with four or fewer employees will additionally benefit the system and be able to
accumulate future income resources. (Cont. to page 7)

January 2011 www.sulyapinoy.org 6

(Cont. from page 6)
However, in consideration of burden by employ-
ers of small sized businesses for premium for
retirement benefits (retirement pay or retirement
pension), they will pay 50% of the premium that
employers of workplaces with five or more em-
ployees pay only from December 1st, 2010 to
December 31, 2012 and 100% of the premium
will be charged from 2013.

In addition, to encourage adoption of retirement

pension system at as many workplaces as possi-
ble at the initial stage of the implementation of
the system, the amended enforcement ordi-
nance had designated Korea Workers’ Compen-
sation Welfare Service as a retirement pension
service provider for businesses with four or
fewer employees so that the small businesses
can use the retirement pension service at low
commissions.
In 1961 when the retirement pay system was
first adopted under the revised Labor Standards
Act, the system was to apply to companies with
30 employees or more. In the following years,
the coverage had been extended steadily, until it
came to include workplaces with five or more
employees in 1989. In January 2005, Workers’
Retirement Benefits Guarantee Act was legis-
lated, and the Act specifies that the retirement
benefit system (retirement pay or retirement
pension) should be implemented for workplaces
with four or fewer employees by the end of
2010. The revision of the enforcement ordinance
this time is in accordance with the provision.
Congratulations to the FILIPOS for coming up with this Photobook showcasing some of
the creative works of Filipinos in South Korea. As the first formally recognized organiza-
tion of Filipino photographers in South Korea, the FILIPOS has already implemented
numerous successful activities only a few months since its establishment. From work-
shops to photo contests, the organization has become another important venue for over-
seas Filipinos to discover, develop and expand their interests and skills beyond the work-
place or academe. - H.E. Amb. Luis T. Cruz
The birth of the association of Filipino Photographers in South Korea (FILIPOS), some
months ago, was a pleasant news of another creative venture that many Filipinos would
eagerly welcome. My sincere appreciation goes to those who came up with the bright
idea of founding the FILIPOS. Keep up the inspiration and the good intention as you
strive to realize your noble objectives of developing and using your God-given talent for
the community. To all the members, thank you for the unique contribution to the com-
munity.Through this photobook, FILIPOS may continue to inspire more Filipinos abroad
to reach out to others in a language that is most universally understood, the language
of pictures and symbols, the language of the heart. - Fr Alvin Parantar, MSP, HFCC

JOHN ENRILE
Area Manager

Philippine Airlines
KOREA GSA
SAEHOON AIR TRAVEL CO., LTD
101, Sin-a Building, 39-1, Seosomun-dong,
Jung-gu, Seoul City 100-752, South Korea
Mobile – 010-7940-5215
Email – genesiscargo@yahoo.com
(or contact – Rodel Arias – 010-8070-2419)

January 2011 www.sulyapinoy.org 7