Korean Air sued for hiring foreign pilotsBy Lee Hyo-sik
Korean Air, the nation’s largest flagship carrier, has been sued by its pilot union over its hiring of foreign pilots.
The Korean Air Flight Crew Union is claiming that the company is illegally employing nearly 400 non-Korean pilots as non-regular workers via job placement agencies overseas, violating the domestic law concerning the rights of dispatched workers. It demands the firm hire foreign crews as regular employees.
But the airline argues there is nothing wrong with its hiring system, saying it was cleared of the same charge brought by the union in 2003. It also says it needs to hire foreign pilots on a contract basis to more flexibly manage its workforce in accordance with economic cycles.
The Seoul Southern District Labor Office said Thursday that it is currently reviewing a complaint filed by unionized workers of Korean Air, adding it will thoroughly look into the case before deciding whether to refer it to the prosecution or not.
On Dec. 31, the union complained to the labor office about the company’s hiring practice of foreign pilots, saying a pilot is not one of the 32 occupations that are allowed to be outsourced under the “Dispatched Workers’ Protection Law.” But the airline employs foreign pilots on a contract basis through eight employment agencies abroad, it said.
Those who violated the law are subject up to three years in prison or a fine of 20 million won.
“Even though Korean Air is not allowed to employ non-regular pilots under the law, it has continued to do so via foreign job placement agencies for years. It should have hired temporary foreign pilots that have worked for two years as regulars ones. But it has not,” said Park Byoung-lyoul, secretary general of the Korean Air Flight Crew Union.
Korean Air currently has 396 non-Korean pilots on its payroll, all on a temporary basis. They account for 15.5 percent of the company’s total 2,550. They usually sign a 5-year contract and receive wages from employment agencies. But flight schedules, training, holidays and other work-related matters are supervised by Korean Air.
Korea’s other flagship carrier Asiana Airlines employs 121 foreign pilots in the same way as its larger competitor.
The secretary general said foreign pilots receive higher wages than Korean unionized pilots, adding they are not held responsible for their work behavior as they are not subject to Korean Air’s internal disciplinary rules.
However, Korean Air flatly dismisses the pilot union’s claims, insisting its hiring system of foreign pilots is not subject to the Dispatched Workers’ Protection Law because job placement agencies are registered overseas.
“The law applies only to employment agents registered here. In 2003, the pilot union filed the same complaint to the labor office, which referred the case to the prosecution. But the prosecutors decided not to go forward with it because the job placement agencies were based in foreign countries,” a Korean Air spokesman said.
The spokesman also rejected the union’s claim that foreign pilots receive higher wages and greater welfare benefits, saying the unionized Korean pilots are actually treated better than their foreign counterparts.
“We cannot simply say that someone is better off than another just because he or she gets larger paychecks. We also need to take other monetary and non-monetary benefits into account. All together, unionized domestic pilots enjoy much better conditions,” he said.
The spokesman then said the hiring of foreign pilots on a non-regular basis helps secure job security for Korean pilots.
“The company can let temporary workers go when the economy goes bad, meaning we can more flexibly manage our workforce if foreign pilots are hired as non-regulars. It is much harder to lay off regular unionized workers.”
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