Simply earlier than Min Hee Jin introduced her resignation from ADOR and that she can be leaving HYBE, it was revealed that NewJeans‘ Hanni‘s office harassment petition was dismissed by the Labor Ministry because of idols not being categorised as staff of the corporate.
The labor workplace stated that given the content material and nature of the administration contract signed by Hanni, it’s tough to view her as a employee below the Labor Requirements Act who supplies labor for wages in an employer-employee relationship.
The South Korean authorities and courts have lengthy categorised entertainers not as employees however as “distinctive entities” who function below unique contracts with their administration businesses.
Regardless of some individuals weirdly insisting that being ignored and remoted wouldn’t be office harassment, if it occurred it definitely would’ve been, because the related regulation was raised by Yonhap.
Article 76, Paragraph 2 of the regulation stipulates that no employer or worker shall trigger bodily or psychological struggling to different staff or deteriorate the work surroundings past the suitable scope of labor by making the most of superiority in rank, relationship, and many others. within the office, referring to such an act as office harassment.
When it comes to this particular controversy, it appears problematic principally for NewJeans’ possible case to terminate their contract, and is a lift to HYBE’s seemingly already robust authorized place on that entrance.
Nonetheless, apparently this was anticipated, so I assume their legal professionals would know that as nicely.
The dismissal of Hanni’s case was largely anticipated, because the Nationwide Meeting’s Atmosphere and Labor Committee had already reviewed the matter forward of the Oct. 15 audit.
And there’s calls by different politicians to reform this ruling.
“The Supreme Courtroom has constantly dominated that entertainers usually are not thought-about staff, and tax authorities classify their earnings as enterprise earnings, subjecting it to enterprise earnings tax. Due to this fact, the Ministry of Employment and Labor’s current determination aligns with these authorized and tax interpretations,” stated Lee Jae-kyoung, a professor at Konkuk College Regulation College and president of the Korea Leisure Regulation Society. “Nevertheless, the safety of entertainers’ rights ought to be addressed by means of different measures, comparable to normal contracts and reporting facilities operated by the Ministry of Tradition, Sports activities and Tourism.”
“The problem of office harassment has just lately been prolonged to incorporate non-regular staff, comparable to momentary employees and broadcast writers, who may match independently however are nonetheless acknowledged inside this framework,” Lee stated. “What complicates the matter additional is that idols’ working hours usually are not clearly outlined, and plenty of start their careers as youngsters. Leisure corporations should critically talk about how one can handle and shield these people inside their company programs,” she added.
Nicely, that’d be good.
Regardless, placing Hanni and your biases for or towards her case/causes/firm/no matter apart, it’s fairly exemplary of why quite a lot of the abuse in Ok-pop is allowed to occur to idols. It’s regarding merely from the perspective that idols usually are not afforded the identical protections as even common staff are, and they’re often handled poorly as it’s, principally in alternate for the lottery ticket. Thus, it’s successfully open season for corporations on what they’ll make idols do and the way they’ll management them, and it’s additionally why utilizing whether or not one thing was authorized or not in relation as to if one thing was moral is slightly pointless. Because the lawmakers say, it ought to be potential to deal with idols extra as people whereas permitting for profession upside, however altering that’s going to be quite a lot of work.