Nine major hospitals recognized as employers of subcontracted workers — but none have begun bargaining

Hospitals effectively control working conditions of cleaning, facility and security staff

Labor commissions ruled Eulji University Hospital and others must bargain, but hospitals are stalling

Union weighing strike action if negotiations remain stalled

Nine major hospitals have been formally recognized as employers of subcontracted workers handling cleaning, facility management and security duties — yet not a single one has begun bargaining with the subcontractors' union. The hospitals have been delaying negotiations by citing the need to review official rulings and weigh administrative litigation, prompting the union to consider securing the right to strike.

According to the Korean Health and Medical Workers' Union and other sources, nine major hospitals — including Eulji University Hospital in Daejeon, Chosun University Hospital, Jeonbuk National University Hospital, Ewha Medical Center and St. Vincent's Hospital — have so far been recognized as employers of subcontracted workers by either regional or national labor commissions.

Subcontracted workers at these hospitals handle essential operations including cleaning, facility management, parking and vehicle management, funeral home services, and security. The union argues that because these roles are directly tied to patient safety, working conditions cannot be left solely to subcontracting firms.

Despite the labor commission rulings, none have translated into actual bargaining. The hospitals have either deferred negotiations pending review of the official rulings or left open the possibility of filing administrative lawsuits to challenge the decisions.

Most recently, the National Labor Relations Commission ruled Thursday that Eulji University Hospital bears a duty to bargain with the subcontractors' union, which covers workers in cleaning, facility management, parking and vehicle management, funeral home services, and security. The commission found the hospital obligated to negotiate on matters including industrial safety, working conditions, welfare benefits and staffing.

The South Chungcheong Regional Labor Commission had earlier also found that the hospital effectively determines the working conditions of its subcontracted staff. Key factors in that ruling included an incident in which a subcontracted cleaning worker slipped and suffered a workplace injury while waxing floors alone, and the finding that staffing for hazardous tasks had to be discussed with the hospital directly.

Additional grounds cited included cleaning workers' requests for shower facilities going unmet — leaving them to use makeshift facilities next to restrooms — and the fact that even hammering a single nail into a break room wall required the hospital's permission. Both were cited as evidence that the primary contractor exercised real influence over the subcontracted workers' conditions.

The issue had also been raised last year during collective bargaining between the hospital and the subcontractor's labor and management. A mediation document at the time included a commitment by the subcontractor to discuss measures with the hospital — such as expanding staffing for hazardous work — but the union says no substantive talks followed.

Eulji University Hospital told the subcontractors' union that it would decide whether to enter bargaining only after reviewing the official written ruling. Since delivery of such rulings typically takes about a month, there are concerns that negotiations could be delayed even further.

The union had attempted to pursue collective bargaining with four hospitals whose employer status was recognized in June, but the hospitals declined to participate, prompting a shift to individual negotiations. The union is now also considering filing for labor dispute mediation with the labor commission to secure the right to strike if talks with the primary contractors continue to stall.

Voices within and outside the labor community are calling for procedural reforms to ensure that a ruling recognizing employer status actually leads to the opening of negotiations. If a primary contractor files an administrative lawsuit challenging a labor commission decision, bargaining could remain in limbo for an extended period.

fact0514@heraldcorp.com