Badminton Association Suspicions of Unfair Labor Acts for Underprivileged Contract Trainers...You violate the Guideline Labor Act and kick him out of the contract

Dec 18, 2024

The Korean badminton team took a commemorative photo after winning a gold medal at the Hangzhou Asian Games. Reporter Song Jeong-heon

The Badminton Korea Association is suspected of unfair labor practices against contract trainers who are socially underprivileged. According to Sports Chosun's report on the 18th, the association recently violated the Korean Sports Council's guidelines by sending out national team trainers who are fixed-term workers due to the expiration of their contracts, and violated related laws (unfair labor practices) for trainers who have worked for more than 24 months.

On October 17, the association sent an e-mail notification of the expiration of the contract to four trainers (including a dedicated team and one in charge of video analysis) who were on a business trip to the Danish Open, effectively informing them of 'retirement'. Their contract period is until October 31, and three were hired as two-year contracts with Kim Hak-kyun, the head coach of the national team (November 1, 2022). The other one has been on duty for 30 months since May 2022.

An official letter for administrative improvement of the standard contract sent by the Korea Sports Council to the Badminton Association on February 9, 2023.

At the time, trainers thought the contract would be renewed because they had been prepared to submit documents for three consecutive international competitions in November under the direction of the association. If the Labor Relations Act or the Supreme Court case recognizes 'the right to renew the labor contract', if the employer violates it, it is judged to be an unfair labor practice.

However, the association unemployed young workers by using 'trick' to avoid the situation of having to switch to indefinite contract workers for more than two years of service when renewing contracts. It also violated the KOC's guidelines. In February last year, the Sports Association sent an official letter of administrative improvement to each sports organization, ordering the improvement of the existing maximum 11-month contract period to more than one year, guaranteeing severance pay and four major insurances, and rewriting existing workers into standard contracts as of March 1, 2023. In particular, it emphasized the clause of the labeling principle that '*' is converted to indefinite contract workers in accordance with the Act on the Protection of Fixed-Term and Short-Time Workers if the total labor contract period exceeds two years (the Fixed-Term Act). It was a measure in response to changes in the working environment of the times to improve the poor treatment of each national team trainer and to protect non-regular workers and encourage 'youth employment'.

Badminton team when they left for the Paris Olympics. Yonhap News

The association has ignored the guidelines for a year and a half. According to Sports Chosun's confirmation of national team officials and retired trainers, the trainers did not receive any guidance from the association regarding the standard contract until they were notified of the expiration of the contract. Mr. A, who retired this time, found out belatedly after hearing from people around him about the standard contract, but he couldn't say it because he was a contract worker if he raised the issue with the association"I don't know where and how to appeal for relief…, I'm just out of work because I'm frustrated."

A plan to improve the operation of national trainers announced by Jincheon Training Center on February 2, 2023.

In particular, the association is suspected of violating the fixed-term law and the Labor Standards Act as it was found that it virtually fired trainer Kim (30), who had to convert to an indefinite contract worker for more than two years of service, along with other trainers. The Labor Standards Act stipulates that the termination of employment without justifiable reasons for more than two years of use constitutes unfair dismissal, so it stipulates a sentence of up to five years in prison or a fine of up to 30 million won.

In response to Sports Chosun's request for explanation, an association official said, `I did not know that such an official letter regarding the standard contract was issued by the Korea Sports Association.' `The working-level official in charge is on a business trip abroad, and I will check the truth and let you know when I return"There was no answer for more than a week after saying.

cms@sportschosun.com