.jpg)
CONSTITUTION AND BY-LAWS
PREAMBLE
We, the members of the FILIPINO MIGRANT WORKERS' ASSOCIATION IN KUMI establish this
Constitution and By-Laws to govern the matters within our organization.
ARTICLE 1: NAME AND PURPOSE
Section 1. NAME. The name of this organization shall be " FILIPINO MIGRANT WORKERS'
ASSOCIATION IN KUMI ". It shall also be known as FIMWAK.
Section 2. AFFILIATION.This organization is recognized by the Catholic Migrant Workers'
Center in Gumi. It shall be guided by the rules of the center and shall benefit
from the services it offers.
Section 3.PURPOSE. The purpose of this organization shall be
a. to promote solidarity, peace and unity among Filipino migrant workers, Korean people
and other nationalities working in the community through socio-cultural activities and
b. to uphold and protect the rights of Filipino Migrant Workers in Korea.
ARTICLE 2: MEMBERSHIP
Section 1. ELIGIBILITY.Membership shall be open to all FILIPINO Migrant Workers in Gumi
City and nearby areas with either legal or non-legal status upon payment of the dues
outlined in Section 5. A candidate must be of good standing in the work place and in the
community where he/she lives.
Section 2. DUTIES.
a. Attendance in general Assembly
b. Participation/Involvement in organization activities
c. Awareness and Promotion of the existing policies of the center and the organization
Section 3. BENEFITS/PRIVILIGES.Every member of the organization shall have the following
benefits/privileges:
Offered by Gumi Catholic Migrant Workers' Center:
a. Sunday Mass Service
b. Educational Services (Korean Language Education, Korean Labor Law Classes, Asian
Cultural Studies, and Computer Classes).
c. Medical Services ( Physical Check-up and Dental Services)
d. Human Rights Protection and Counseling
e. International Marriage Family Support
f. Promotion and Cultural Events
Offered by FIMWAK:
a. Financial Assistance (from the OFFERTORY COLLECTION) on Special Cases as decided
by the officers of the organization and the Gumi Catholic Migrant Workers' Center.
b. Refund of Membership Fee: A member with non legal status who decides to leave Korea
or will be sent back to Philippines in undue time shall recieve fifty percent(50%) of his/her
total amount of monthly dueswhile those of legal status who end contract and decide to
leave Korea for good shall recieve eighty percent(80%) of his/her total amount of monthly dues.
Section 4. DUES. A member must pay the REGISTRATION FEE of fifteen thousand won (15,000 won)
and the MONTHLY DUES of three thousand won (3,000 won). The registration fee and monthly
dues are subject to change. These FIMWAK dues are separated from the OFFERTORY
COLLECTION during the Sunday Mass.
Section 5. TERMINATION of MEMBERSHIP. The organization has the right to remove or terminate
a member in any of the following conditions:
a. A member who uses the name of the organization to collect funds/ donations without the
permission or knowledge of the body
b. A memeber who un-officially represents the organization in private/public meetings or
transactions
c. A member who has ended his/her work contract and decided to return to the Philippines
or has been sent back to the Philippines for good
d. A member who is found to be involved in any irregular activities detrimental to the organization
e. A member who disrespects the Constitution and By Laws of this organization.
* A member who is terminated due to illegal activities may not be able to refund the membership
fee as subjected to the decision of the officers of the organization.
Section 6. The organization and its members shall not discriminate based on race, national origin,
color, religion, gender, veteran status, sexual orientation, and/or ability status.
ARTICLE 3: OFFICERS
Section 1. The officers of this organization shall consist of President, Vice-President, Secretary,
Treasurer and two (2) Auditors.
Section 2. ELIGIBILITY.An officer must be a responsible Filipino Migrant Worker with either legal
on non-legal status. of legal age with good standing in the community or in the workplace,
single or married to a Filipino or to other nationalities.
In the case of the two top positions, the organization must have a President with legal status
and a Vice-President with non-legal status or vice versa.
.
Section 3. Duties.
President: It shall be the duty of the President to:
a. call and preside at meetings
b. vote in case of a tie
c. represent the club
d. appoint committee chairpersons subject to the approval of the other officers
e. facilitate in the religious and cultural affairs of the organization
f. perform such other duties as ordinarily pertain to this office
Vice-President: It shall be the duty of the Vice-President to:
a. preside in the absence of the President
b. perform the same functions of the President in his absence
Secretary: It shall be the duty of the Secretary to:
a. record the minutes of the meetings
b. keep a file of the club's records
c. maintain a current roster of membership
d. issue notices of meetings and conduct the general correspondence of the club
e. serve as a facilitator on the Sunday Mass Service of the Center as directed
Treasurer: It shall be the duty of the Treasurer to:
a. recieve all funds and process request of payment, deposit slip, and officer signature forms
b. keep an itemized account of all reciepts and expenditures and make reports as directed
c. keep bank account/funds of the organization
d. help the secretary in facilitating the Sunday Mass Service of the Center as directed
Auditors: It shall be the duty of the Auditors to:
a. check and balance the accounts of the organization
b. assist the treasurer in keeping the bank accounts/funds of the organization
Section 4. TERMS of OFFICE shall be two (2) years for each officer.
Section 5. SPECIAL BENEFIT. The Officers will not pay the monthly dues and the registration
fee of the organization but shall avail of the refund of the monthly dues given to the regular
members.
Section 6. REMOVAL FROM OFFICE. An officer shall be removed from office under the following
conditions:
a. Absence from 3 consecutive regular meetings without notice
b. Proven guilty of illegal activities
c. Violation of the Constitution and By-Laws
d. Neglect of duty
An officer who is terminated from office due to the above conditions may not recieve the
Special Benefit indicated in Section 5.
ARTICLE 4: ADVISORS
Section 1. Our organization advisors shall be the Director of the Gumi Catholic Migrant Workers'
Center and the former President of the organization who is in good standing after his term.
Section 2. DUTIES. The duties of the advisors shall be to:
a. maintain an awareness of the activities and programs sponsored by the organization
b. meet on a regular basis with the leaders of the organization to discuss upcoming meetings,
long range plans, goals and problems of the organization
c. attend regular meetings as often as schedule allows
d. assist in the orientation of new officers
e. assist the treasurer in monitoring expenditures, fundraising activities, and corporate
sponsorship to maintain an accurate and up-to-date account ledger
f. inform members of those factors that constitute unacceptable behavior on the part of the
members and the possible consequence of said behaviors.
ARTICLE 5: ELECTIONS
Section 1. Election of officers shall be held every last meeting of the final term of the officers.
Section 2. The officers shall be elected by secret ballot.
Section 3. PROVISIONS for FILLING VACANCIES.If a vacancy occurs in the office of the
President, the Vice-President shall assume the office for the remainder of the term and
vacancies in any other officeshall be filled by a special election.
ARTICLE 6: MEETINGS
Section 1. Regular meetings of the Officers shall be held every first sunday of the month.
Section 2. General Assembly shall be held yearly or as decided by the Officers.
Section 3. Special Meetings may be called by the President with the approval of the other Officers.
Section 4. A quorum shall consist of 2/3 voting members present at any meeting
ARTICLE 7: COMMITTEES
Section 1. A committee shall be formed by the officers as the need arises.
ARTICLE 8: FUNDS
Section 1. Membership Fund
Section 2. Offertory Fund
ARTICLE 9: AMENDMENTS
Section 1. This Constitution and By-Laws may be amended by a vote of 2/3 majority of the membership
at any regular meeting or special meeting.
Section 2. Provision of advance notice of amendment shall be announced in the regular meeting.
AMENDMENT Q & A
Amendment of the Act on Employment of Foreign Workers, etc
Q & A
October 2009
Ø Bill for the amendment of the Act on Employment of Foreign Workers, etc was passed at the National Assembly on September 16th 2009 and was promulgated on October 9th 2009.
Ø The Amended Act is to enter into force on April 10th, 2010, six months after the date of promulgation. However, provisions on the reemployment (Article 18-2) and the changing of workplace (Article 25) shall enter into force on Dec. 10th, 2009.
Ø Q&As contained hereinafter are focused on certain areas. Please refer to http://www.eps.go.kr/ for the comprehensive contents of the amended Act.
|
Foreign Workforce Policy Division
Ministry of Labor
ENFORCEMENT DATE OF THE AMENDED ACT
Addenda |
Article 1 (Enforcement Date) This Act shall enter into force six months after its promulgation. However, revised provisions of Article 18-2 and Article 25 shall enter into force two months after the promulgation.
Article 3 (Application of Special Cases for the Restriction on Employment Period) The revised provision of Article 18-2 shall apply from when the employer applies for the reemployment of the foreign worker who has been employed under the previous provision of Article 18 (1) at the time of entry into force of this Act and his/her expiration of three year employment period draws after the entry of force of this Act.
Article 5 (Transitional Measure for Labor Contract Period) In case the employer who had signed a labor contract pursuant to the previous Article 9 (3) at the time of entry into force of this Act signs or renews the contract pursuant to the revised Article 9 (3) after the entry into force of this Act, he/she can sign or renew a contract for a period in which the total labor contract term pursuant to the previous Article 9 (3) is subtracted from three years.
Article 6 (Transitional Measure for Fine and Fine for Negligence) The previous provisions for fines and fines for negligence shall apply to actions subject to fines and fines for negligence that took place before the entry into force of this Act. |
Enforcement Date of the Amended Act
- Amended Act is to enter into force from April 10th 2010 (six months after the promulgation).
- However, provisions on the reemployment (Article 18-2) and the changing of workplace (Article 25) are to enter into force from Dec. 10th, 2009 (two months after the promulgation).
Application of the provision on the reemployment
- The provision on the reemployment to be applied for foreign workers who are being legally employed as of Dec. 10th, 2009 and whose expiration of three-year employment period draws after Dec. 10th given that his/her employer submitted a reemployment application.
- The provision is to be applied to reemployment applications filed after Dec. 10th, 2009 by the employer.
Labor contract period
- The provision on the restriction on employment period is to be applied to labor contracts to be signed or renewed after April 10th, 2010.
- Example) In case an employer signed a labor contract with a worker who entered Korea on May 1st, 2009 for a year from May 1st, 2009 to April 30th, 2010, the employer can renew the labor contract within two year period from May 1st, 2010.
REEMPLOYMENT (Effective from Dec. 10th, 2009)
Before | Revised |
Article 18-2 (Special cases for the Restriction on Employment Period) (1) If an employer makes a request before the foreign worker, who has been employed in the
(2) Article 7(2) and Article 11 shall not be applied to the foreign worker who reenters the (3) Other necessary matters such as employer’s request procedure, etc. in relation to paragraph (1) may be prescribed by the Ordinance of the Ministry of Labor. | Article 18-2 (Special cases for the Restriction on Employment Period) (1) Notwithstanding Article 18 (1), the foreign worker pursuant to the following subparagraph shall be grantedextension of employment period within two years for onetime only. 1.The foreign worker who is employed by the employerwho was issued the employment permit pursuant toArticle 8 (4) and for whom the employer applied forreemployment to the Minister of Labor before he leavesupon the expiration of three year employment periodpursuant to Article 18. 2.The foreign worker who is employed by the employerwho was issued the special employment permitpursuant to Article 12 (3) and for whom the employerapplied for reemployment to the Minister of Labor beforehe leaves upon the expiration of three year employmentperiod pursuant to Article 18.
(2) Necessary matters concerning the procedure for the reemployment request by the employer pursuant to paragraph (1) shall be prescribed by the Ordinance of the Ministry of Labor.
|
1.When will the revised reemployment provision go into effect? |
☞ Revised reemployment provision will start to be applied from the case in which the employer applies for the reemployment from Dec. 10th, 2009 (refer to the Article 3 of the Addenda)
☞ Example) In case an employer submits an application for reemployment on Dec. 8th, 2009 for the worker whose employment period expires on January 15th, 2010, the worker has to leave Korea for one month according to the previous provision. (Revised Act is not applied and the worker can be reemployed for up to three years after his/her reentry)
- In case an employer submits a reemployment application on Dec. 10th, 2009 and obtains permission for the worker whose employment period expires on January 15th, 2010, the worker can continue to work at the same workplace without having to leave
* According to the Enforcement Rule of the Foreign Employment Act, an employer is required to submit a reemployment application 90 days to 30 days prior to the expiration of the employment period of the worker.
2.(Removal of 1 month departure requirement for the reemployment) According to the revised provision on the reemployment, don’t foreign workers who will be reemployed need to leave |
☞ Under the previous provision, a foreign worker had to leave
- According to the revised provision, if the employer submits a reemployment application from Dec. 10th, 2009 and obtains permission for the worker, the worker can continue to work for the extended employment period without having to leave
3.(Limits on the reemployment) How many times can workers be reemployed? If reemployed, how long does the reemployment period extend? |
☞ Reemployment is only allowed once. If reemployed, workers’ reemployment period can be extended for up to two years
* During the reemployment period, workers are allowed to change workplace up to two times (when legitimate reasons exist)
☞ Foreign workers can work for up to three years for the first time and if reemployed, employment period can be extended for up to two years allowing workers to be employed for a maximum five-year period.
4. Does the reemployment provision apply to the ethnic Koreans with foreign nationality (H-2 visa type)? |
☞ Yes. The ground is laid in the revised Act for allowing reemployment for ethnic Koreans with foreign nationality (H-2 visa holders).
- However, the reemployment is allowed for employers who signed the labor contract with the workers pursuant to the Foreign Employment Act and reported the starting of work to the Ministry of Labor of
☞ For example, under the previous provision, an ethnic Korean with foreign nationality (H-2 visa holder) who arrived on Jan. 11th, 2007 has to leave
- However, under the revised provision, if the employer submits a reemployment application 90 days to 30 days prior to the expiration of the employment period of the worker, the worker can continue to work without having to leave
* For ethnic Koreans with foreign nationality, if the employer does not submit a reemployment application, the worker can voluntarily leave
CHANGING OF WORKPLACE (Effective from Dec. 10th, 2009)
Before | Revised |
Article 25 (Permission for Change of Business or Workplace) (1) In case a foreign worker is difficult to continue his/her normal employment relationship in a business or workplace due to situations falling under any of the following subparagraphs, the foreign worker may apply to an Employment Security Office for a transfer to other businesses or workplaces under the conditions prescribed by the Ordinance of the Ministry of Labor:
1.~ 3. ~
4.
(2) ~
(3) In case a foreign worker has failed either to obtain permission to change his/her workplace pursuant to Article 21 of the Immigration Control Act within two months of applying for a change of business or workplace pursuant to paragraph (1), or to apply for a change of business or workplace within one month of the termination of his/her labor contract with the employer, the foreign worker shall depart from Korea.
(4) A foreign worker shall not transfer to other businesses or workplaces as prescribed in paragraph (1), in principle, more than three times during the period of sojourn prescribed in Article18 (1);
provided, that this shall not apply in case there are inevitable reasons prescribed by the Presidential Decree. | Article 25 (Permission for Change of Business or Workplace) (1) The foreign worker who is employed by the employer who obtained an employment permit pursuant to Article 8 (4) and the foreign worker who is employed by said employer and whose employment period is extendedpursuant to Article 18 (2) may apply to the head of the Employment Center for transfer to another business or workplace in accordance with the conditions prescribed by the Ordinance of the Ministry of Labor if employment relations cannot be maintained due to reasons falling under the following subparagraph:
1. ~ 3. (Not changed)
4. In case working conditions are completely differentfrom the terms of the labor contract or employmentrelations are deemed impossible to be maintained bysocial norms due to employer's unfair treatmentincluding violation of working conditions;
5. (Not changed)
(2) (Not changed)
(3) In case the foreign worker failed either to obtain permission to change his/her workplace pursuant to Article 21 of the Immigration Control Act within threemonths from the date of applying for a change ofbusiness or workplace pursuant to paragraph (1), or to apply for a change of business or workplace within one month from the date of termination of his/her labor contract with the employer, he/she shall depart from Korea. However, if he/she cannot obtain permission tochange workplace or apply for a change of workplacedue to reasons such as industrial accidents, illness,pregnancy, or childbirth, the three months or one monthtime period will be counted from the day the reasondisappears.
(4) The foreign worker's change of business or workplace pursuant to paragraph (1) shall not exceed three times during the period prescribed in Article 18 (1) and two times during the extended period prescribed inArticle 18 (2)-1 (the change of business or workplacedue to the reasons prescribed in Article 25 (1)-2 shallnot be counted). However, this provision shall not apply in case where there are inevitable reasons prescribed by the Presidential Decree. |
1. (Job seeking period for changing of workplace) If a foreign worker wants to change workplace, how many months are given to the foreign worker to find another workplace? |
☞ Under the previous provision, workers were required to find another workplace within two months from the date of applying for changing of workplace.
- Under the revised Act, workers who apply for changing of workplace on Dec. 10th, 2009 or later are given three months to find another workplace.
☞ For example, in case a labor contract expires on Dec. 1st, 2009,
- the worker is required to apply for changing of workplace by Dec. 31st, 2009, within a month from the date of expiration of the labor contract period, and has to complete the changing of workplace by March 31st, 2010, within three months from the date of applying for changing of workplace.
2. (Number of changing of workplace) How many times can foreign workers change workplace? |
☞ For the first three-year(maximum) employment period, workers are allowed to change workplace for up to three times in principle.
- In case employment period is extended for reemployment, workers can change workplace up to two times during the extended period. (when legitimate reasons exist)
*Changing of workplace before and after the reemployment is counted separately.
☞ Under the previous provision, changing of workplace due to the reasons attributable to employer’s fault was included in counting the number of workplace changes.
- Under the revised Act, “in case it is deemed impossible to continue to work in the current workplace due to business suspension, closure, and other reasons not attributable to the worker” (Article 25(1)-2) will not be counted.
☞ For example, in case a foreign worker who entered Korea on Oct. 1st, 2007 changed workplace twice for personal reasons on Oct. 1st, 2008 and Oct. 1st, 2009 respectively, and
- applies for changing of workplace due to the reason of business closure which is not his/her fault on Dec. 11th, 2009, as the date of applying for changing workplace comes after the entry into force of the revised Act, the case will not be counted as changing of workplace based on the Article 25(1)-2.
- Accordingly, he/she can change workplace if the legitimate reason specified in the Foreign Employment Act occurs.
3. (Legitimate reasons for changing of workplace) What are the legitimate reasons for foreign workers to change workplace? |
☞ In principle, foreign workers are required to work at the workplace he/she was initially placed after entry.
☞ However, they are allowed to change workplace if there are legitimate reasons specified in the Foreign Employment Act. In the revised Act, another reason is added in addition to the existing 4 legitimate reasons.
- According to the revised Act, in addition to the reasons under the previous Act, workers can also change workplace “if working conditions are completely different from the terms of the labor contract or employment relations are deemed impossible to be maintained by social norms due to employer’s unfair treatment including violation of working conditions.” (Effective from Dec. 10th, 2009)
1. In case the employer intends to cancel a labor contract during the contract period for justifiable reasons or refuses to renew the contract after its expiration;
2. In case it is deemed impossible to continue to work in the current workplace due to business suspension, closure, and other reasons not attributable to the worker;
3. In case the employment permit is canceled pursuant to Article 19 (1) or any restriction is imposed on the employment of foreign workers pursuant to Article 20 (1);
4. In case working conditions are completely different from the terms of the labor contract or employment relations are deemed impossible to be maintained by social norms due to employer's unfair treatment including violation of working conditions;
5. In case it is deemed inappropriate for a foreign worker to continue his/her work in the business or workplace due to an accident, etc but he/she is fit to work in another business or workplace.
SIGNING OF LABOR CONTRACT (Effective from April 10th, 2010)
Before | Revised |
Article 9 (Labor Contract) (1) ~
(2) An employer who intends to sign a labor contract pursuant to paragraph (1) may have a proxy determined by the Presidential Decree conduct the process.
(3) The term of the labor contract shall not exceed one year: provided, that the labor contract may be renewed for a period not exceeding that prescribed in Article 18 (1), and in this case, the term of each renewed contract shall not exceed one year.
| Article 9 (Labor Contract) (1) ~
(2) The employer who intends to sign a labor contract pursuant to paragraph (1) may entrust the signing of the contract to the Human Resources Development Service of Korea pursuant to the Human Resources Development Service of Korea Act.
(3) The employer who obtained employment permit pursuant to Article 8 and the foreign worker mayconclude or renew a labor contract for a period decidedby mutual agreement within the period pursuant toArticle 18 (1).
(4) The foreign worker whose employment period isextended pursuant to Article 18 (2) and the employermay sign a labor contract within the extendedemployment period.
(5) ~ |
1.Can employer sign a labor contract with a foreign worker for a period exceeding one year? |
☞ Under the revised Act, the employer and the foreign worker can sign or renew a labor contract for a period decided by mutual agreement within three-year employment period.
☞ For example, in case an employer wants to sign a labor contract with a foreign worker who has two years and 6 months left, the employer can sign a labor contract for the period of up to two years and 6 months when mutual agreement is made with the worker.
2. Can employer sign a labor contract with a foreign worker for a period exceeding one year in case the worker is reemployed? |
☞ The foreign worker whose employment period is extended for the reemployment and the employer can sign a labor contract within the extended employment period (within two years)
☞ For example, when applying for the reemployment, the employer can decide the labor contract period by mutual agreement with the worker within two years and submit a reemployment application for the agreed period.
CANCELLATION OF EMPLOYMENT PERMIT &
RESTRICTION ON EMPLOYMENT (Effective from April 10th, 2010)
Before | Revised |
Article 19. (Cancellation of Foreign Worker Employment Permit)
(1)In case an employer falls under any of the following subparagraphs, the Minister of Labor may issue an order to cancel the foreign worker employment permit prescribed in Article 8 under the conditions prescribed by the Presidential Decree.
3.In case an employment permit is obtained in false or other fraudulent ways;
1.In case an employer has violated wages and other labor conditions promised in a contract made before entry;
2.In case maintaining a labor contract is considered difficult due to overdue wages and the employer’s violation of other labor-related laws. | Article 19. (Cancellation of Employment Permit orSpecial Employment Permit of Foreign Workers) (1) The head of the Employment Center may cancel theemployment permit pursuant to Article 8 (4) or specialemployment permit pursuant to Article 12 (3) in accordance with the conditions prescribed by the Presidential Decree for the employer who falls under the following subparagraph: 1.In case the employer obtained the employment permit or special employment permit in false or other fraudulent ways;
2.In case the employer violated the terms of the labor contract including wage and other labor conditions signed before the entry of the worker; or
3.In case maintaining the labor contract is deemed difficult due to overdue wages and other violations of labor-related laws by the employer. |
In the revised Act, ground is laid for cancellation of special employment permit for ethnic Koreans with foreign nationality (H-2 visa holders) in addition to the existing ground for the cancellation of the employment permit for foreign workers (E-9 visa holders)
For example, in case an employer obtains the special employment permit in false or other fraudulent ways, violates the terms of the labor contract including wage and other labor conditions, or withholds wages and violates labor-related laws making it difficult to maintain the labor contract, special employment permit can be canceled.
Before | Revised |
Article 20 (Restriction on Employment of Foreign Workers) (1) The Minister of Labor may restrict employers who fall under any of the following subparagraphs from employing foreign workers for three years from the date of the incident: 1. Those who employ foreign workers without obtaining an employment permit pursuant to Article 8 (4);
2. Those whose employment permit has been cancelled pursuant to Article 19 (1); 3.-4. ~ | Article 20 (Restriction on Employment of Foreign Workers) (1) The head of the Employment Center may restrict an employer who falls under the following subparagraph from employing foreign workers for three years from the date of its occurrence: 1.The employer who hired a foreign worker withoutobtaining the employment permit pursuant to Article 8 (4) or the special employment permit pursuant to Article12 (6); 2.The employer whose employment permit or specialemployment permit has been canceled pursuant to Article 19 (1); 3.-4. ~ |
Ground for restriction on employment of foreign workers was added.
For example, in addition to the existing ground for the restriction of the employment of foreign workers, restriction will also be imposed on the employer who hired a foreign worker without obtaining the special employment permit and the employer whose special employment permit has been canceled pursuant to Article 19 (1).
OTHERS (Effective from April 10th, 2010)
In the revised Act, provision is created for assessing skills of the foreign workers which will be used as selection criteria along with the Korean language proficiency test. (HRD Korea will be in charge of the skill test)
In case ethnic Koreans with foreign nationality (H-2 visa holders) express the intention to work in Korea, the Minister of Labor can provide employment information before they enter Korea.
Provision is created for establishing a Consultative Body for Protection of Foreign Workers’ Rights.
*For other areas of the amended Act, please refer to the announcement at http://www.eps.go.kr/
Subscribe to:
Posts (Atom)
