Bitter Harvest exposes the true face of South Korea’s Employment Permit System (EPS) that directly contributes to the serious exploitation of migrant agricultural workers. The government-run work scheme is designed to provide migrant labour to small and medium-sized enterprises that struggle to hire a sufficient number of national workers.
There are approximately 20,000 migrant agricultural workers in South Korea, with many arriving from Cambodia, Nepal and Vietnam under the EPS migrant workers scheme. The majority take on huge debts equivalent to two years’ salary in their home country to get a job in South Korea.
Significant numbers of migrant agricultural workers have been trafficked for exploitation and forced labour. Incidents of contractual deception were recorded in all the cases Amnesty International investigated. The report shows that migrants are compelled to work in conditions that they did not agree to, under threat of some form of punishment, which amounts to forced labour.
The report, based on interviews with migrant agricultural workers across South Korea, documents a range of exploitation. This includes intimidation and violence, squalid accommodation, excessive working hours, no weekly rest days and unpaid overtime.
The EPS is heavily loaded in favour of employers, leaving migrants trapped and vulnerable to abuse. Agricultural workers, of which many are migrant workers, are excluded from key legal protections afforded to most of the country’s workforce.
While an EPS employer can terminate a migrant’s contract without having to justify the decision, migrants who want to leave their job must obtain a release form signed by their employer, without which they risk being reported to the immigration authorities by their employer as “runaways”, subjecting them to arrest and deportation. Changing jobs can severely jeopardize a migrant’s chance of being able to extend their employment in South Korea after their initial contract– potentially denying a migrant worker additional years of work in the country.
Abusive conditions
Amnesty International found cases of migrant workers who were physically attacked by their employers. One Cambodian man recalled how he had sat down in a field because his back was hurting so much only to be beaten by his supervisor: “The manager became furious and grabbed me by the collar. The manager’s younger brother held me by the neck while the manager beat me. They both then punched me all over my body and kicked me.”
The report sheds light on how migrants are also forced to live in squalid accommodation, often with no toilet facilities. The food provided by their employers is insufficient and of poor quality. One Vietnamese man told Amnesty International how his boss told him to drink from a tank of water that was dirty and full of pesticide.
Many migrants face destitution in the winter months. Despite signing three-year continuous labour contracts, employers only paid for the days worked during the harvest seasons.
Migrants interviewed by Amnesty International also complained of excessive working hours with no guarantee of a break or rest days. Most typically worked between 250–364 hours a month averaging more than 10 hours a day. Such hours exceeded those stipulated in their contracts but nearly all the migrants interviewed did not receive overtime payments. Those that complained risked being dismissed by their employers.
Migrants also had to carry out their work despite inadequate protection from harmful pesticides. Many of the migrants Amnesty International interviewed expressed concern about the harmful effect of frequent use of pesticide on their health.
Although illegal under the terms of the EPS, Amnesty International found that employers frequently subcontracted workers to other farms. Half of the migrants interviewed had been illegally subcontracted and said they had little choice but to accept as they risked losing their job if they did not go.
Government complicity
The research found that when migrants did seek help from the authorities to address unfair treatment, they were actively discouraged from taking the issues forward. Often they were told to go back to their employers and apologize or to ask them to sign a release form.
Employers responsible for exploiting migrant agricultural workers, including through trafficking and forced labour, rarely face any sanctions. This is because the EPS discourages migrants from changing jobs and labour officials from filing complaints.