Seoul Branch Office of the Ministry has been since last week investigating the offices of BMS Korea. The labor office is probing for any possibility of illegal subcontracting when BMS Korea employed the salespersons under the contract with Inventive Health Korea.
The ongoing investigation is known to be underway on the ministry level, apart from the accusation made by BMS Korea labor union. The investigation was, however, triggered by the union's raising issues.
An official from the labor branch is quoted as saying that while the investigation is "business-as-usual", the labor office is to check out the possibility of illegal practice on the suspicious businesses. He added that BMS Korea was judged as one of the suspicious businesses on the publicities released by the firm's labor union.
BMS Korea last October employed 32 salespersons, contracting with Inventive Health Korea for CSO, which stands for Common Service Operation.
The arguments from the company and labor union are highly contradictory. The union claims that the executives of BMS Korea participated in the interview to hire dispatched workers and the employed workers at workplaces were subject to direct labor management, including work order, supervising, reporting and performance appraisal, from the staff of BMS Korea. The union alleges that the practice is an illegal form of dispatching.
The union also said that the company is wearing the mask of subcontracting company just to circumvent the rule of direct employment.
Both BMS Korea and Inventive Health Korea are, however, emphasizing that there was no illegal act in the process. Inventive Korea is also claiming that the direction at work on the 32 dispatched salespersons is made by the managers of Inventive Health Korea.
According to labor officials, subcontractors perform all the management of workers , such as employment and work direction, on their own while dispatch agencies receive orders from main contractors.
Dispatch agencies are obligated to acquire permission from the Ministry of Employment and Labor and salespersons do not fall into the category of dispatched works.
Attention is now focusing, through the investigation, on how closely the disparity of the two opposing arguments will be bridged and whether the criteria for setting appropriate line can be suggested for foreign-invested pharmaceutical firms in hiring salespersons by means of CSO.
A labor official is quoted as saying, "What matters is who actually gave directions. If the authority to give orders lay in BMS Korea, Inventive Health Korea should be interpreted as a dispatched agency. If the authority in Inventive Health Korea, the company ought to be a subcontractor. Overall judgment will be made through a variety of factors, including employment, work order, job allocation, leave, performance appraisal, and Supreme Court precedents.
He also said, "In subcontracting cases, work orders are often given actually from main contractors. A sound judgment is to be made on its criteria. Additional fact checking is also needed."
Meanwhile, BMS Korea labor union has started to make arrangements to make an accusation to the labor ministry against the company apart from the ongoing investigation.
The union is slated to hold a denunciation rally in front of the BMS Korea main building on 18, July.
-대한민국 의학전문지 헬스코리아뉴스-
