Reasons for Proposal
The current Act requires that any business proprietor who regularly employs at least fifty workers shall employ persons with disabilities to fill at least a ratio set by Presidential Decree within up to five percent of the total number of workers. If such ratio is not filled, contributory charges are imposed.
However, a recent survey by the Ministry of Employment and Labor revealed that large enterprises are not actively employing persons with disabilities. This survey included about 20,000 businesses around the country who were subject to compulsory employment of persons with disabilities.
Therefore, this proposal seeks to require employers to expand job opportunities for persons with disabilities by allowing the Minister of Employment and Labor to impose additional contributory charges within the range of publicly notified base amount of contributory charges, according to the employment ratio for persons with disabilities at the businesses, if the employer is not complying with the compulsory employment ratio (Article 33, paragraph 3).
Major Provisions
Article 33 (Payment, etc. of Contributory Charges by Business Proprietors)
③ In cases of employing persons with disabilities, the base amount of contributory charges shall be determined and published by the Minister of Employment and Labor, and shall be within the range of 60% of minimum wage calculated on a monthly basis according to the Minimum Wage Act, following a deliberation by the Employment Policy Council, based on the average amount of each monthly cost incurred under the following categories. However, this contributory charge may be increased within the range of the base amount of contributory charge, according to the employment ratio of persons with disabilities (the ratio between total number of employees and number of employed persons with disabilities every month).
However, if there is any month during which at least one person with disabilities was not regularly employed, the base amount of contributory charges for the business proprietor for that month shall be 150% of the minimum wage calculated on a monthly basis in accordance with the Minimum Wage Act.
