1. Reason for amendment
With the enforcement of special provisions on labor platform operators since January 1, 2021 in accordance with Article 77 of the Employment Insurance Act, the aim is to add the job for labor supply based on labor platforms to the jobs for application of employment insurance, to prescribe the method of labor platform operators to report the qualification of labor suppliers for insurance, and to reorganize the maternal protection system by increasing the income replacement rate of maternity leave wages and gradually increasing maternity leave wages for the first three (3) months in case of maternity leave.
2. Main Content
A. Establishment of employment incentives for the elderly (Article 28-4 of the draft)
If the number of 60-year-old or older employed workers increases to or exceeds the level designated by the Minister of Employment and Labor, part of the expenses may be supported.
B. Reorganization of employment stabilization incentive for childbirth/parental period (Article 29 of the draft)
Alternative manpower support money for childbirth/parental leaves is unified into the support for assignment of childbirth/parental leaves and alternative manpower employment condition, with the takeover period set to two (2) months before starting the leaves before/after childbirth.
C. Addition of work to be exempted from the employer-training support limit (Article 42(4) of the draft)
Training for six or more months among the trainings under Article 52.1.13 and work-study parallel course training accepted in accordance with Article 15.2 of the Act on work-study parallel support in industrial fields are added to the work to be exempted from the calculation of employer-training support limit.
D. Increase of income replacement rate of childbirth/parental leave allowance (Article 95 of the draft)
The wages for the period from Month 4 to Month 12 of parental leaves are increased from 50% (KRW 1.2 million or the upper limit) of ordinary wages to 80% (KRW 1.5 million or the upper limit) of ordinary wages.
E. Improvement of provisions on parental leave wages (Article 95-2 of the draft)
When parents use parental leaves at the same time or in order within 12 months of the birth of a child, the parental leave wages of each are increased (from 80% to 100% of monthly ordinary wages) for the first three (3) months; the parental leave wages of a single-parent worker are also increased from 50% (KRW 1.2 million or the upper limit) of ordinary wages) of ordinary wages to 80% (KRW 1.5 million or the upper limit) of ordinary wages since Month 7.
F. Expanded subjects for application of deduction of parental leave wages in case of payment of money by employers (Article 98 of the draft)
If the sum of wages under the provisions on parental leave wages and the money received from the employer exceeds the monthly ordinary wages, payment is made after deducting the excess.
G. Expanded range of request for data in relation to the office nursery support project (Article 142-2(4) of the draft)
The data on infants to be cared for, the data on subjects for the payment of support money, and the data on entry/retirement management of information of social security administration are added to the data to be requested for the office nursery support project.
H. Addition of jobs for application of labor supplier employment insurance (Article 104-11(1) of the draft)
Quick service drivers and designated drivers for labor supply based on the labor platforms are added as jobs for the application of employment insurance.
I. Establishment of clause on consideration as report of qualification of labor suppliers for insurance (Article 104-12(1) of the draft)
If a business operator notifies the monthly average wages in accordance with Article 19-3(5) of the Enforcement Decree of the Act on the Collection of Employment & Occupational Accident Insurance Premium, the business operator is deemed to report the acquisition/withdrawal of qualification for insurance.
J. Regulations on the reporting method, etc. of labor platforms (Establishment of Article 104-13 of the draft)
The labor platform operators’ method of reporting the acquisition/withdrawal of qualification for insurance is prescribed, including the range of data to be supplied by labor platform operators according to delegation under the Act.
K. Imposition of fine for negligence against failure to fulfill the liability of labor platforms (Attached Table 3 of the draft)
Establishment of detailed standards for the imposition of fine for negligence against failure to fulfill the liability of labor platform operators (Articles 118(1)7 and 118(1)8 of the draft)
