8 in 10 workers back shifting burden of proof to employers in labor status disputes

About eight in 10 workers support introducing a system that would presume a worker qualifies as an employee when certain conditions are met, placing the burden on employers to prove otherwise, according to a new survey.

Workplace Gapjil 119, a workplace harassment watchdog group, said Sunday that 79 percent of respondents backed the so-called worker presumption regime, based on a poll it commissioned from research firm Global Research. The survey covered 1,000 employed adults aged 19 and older nationwide and ran from June 1 to 7.

Under the worker presumption regime, a person meeting certain criteria would be treated as an employee by default, with the employer required to demonstrate that no employment relationship exists. The government and the ruling party are pushing to pass related legislation by the end of the year.

Among those who supported the system, 78.5 percent said it should apply from the labor office and labor commission stages to ensure effective relief, rather than being limited to court proceedings. The remaining 21.5 percent said introducing the system only in court litigation would be appropriate.

Workplace Gapjil 119 said the current standards for determining employee status fail to adequately reflect changes in industrial structure, particularly as new forms of work such as platform labor continue to grow.

"Courts' determinations of employee status are based on a 2006 Supreme Court precedent that does not sufficiently account for the reality that working hours, locations and methods have become more flexible due to structural changes in industry," the group said.

It added that the criteria for determining employee status should be explicitly defined in the Labor Standards Act's definition of a worker, so that workers can predict their own legal standing.