Migrant worker fired after seeking transfer over religious beliefs, contract discrepancies

A Nepali migrant worker was fired from a beef processing plant after requesting a workplace transfer because their work duties conflicted with their Hindu beliefs, raising concerns over religious accommodations and unclear employment contracts.

The worker entered Korea through the employment permit system (EPS) and started a job at a beef processing plant in Cheongju, North Chungcheong, in November last year, according to the Cheongju Migrant Labor and Human Rights Center on Monday. The EPS allows companies to hire foreign workers in designated industries, including manufacturing, agriculture and construction.

The worker knew before arriving in Korea that they would be assigned to a beef processing plant, but ultimately accepted the job after learning that their duties would only involve packaging and processing meat, rather than slaughtering cattle. Cows are considered sacred in Hinduism, and some practitioners regard eating beef or slaughtering cattle as religiously forbidden. Refusing the assignment could also have meant waiting several months for another placement.

Once they began working, the worker was assigned additional duties involving trimming meat, which requires separating and removing bones and other unwanted parts.

The employment contract included a provision requiring employers to specify in detail the actual duties foreign workers would perform, but descriptions in Korean and Nepali were slightly different. The Nepali translation of the job description listed only "beef packaging and freezing" while meat-trimming duties were written only in Korean.

The worker reported experiencing trauma from performing duties against their wishes and also received hospital treatment for unexplained allergic reactions and abdominal pain. Unable to perform their duties normally, the worker requested a workplace transfer but was subsequently dismissed.

The Cheongju rights center learned of the case and filed a petition for relief from unfair dismissal with the North Chungcheong Regional Labor Relations Commission last month.

"I thought the job would only involve packaging," the worker said. "I had no idea I would have to separate and cut bones. I didn't refuse to work because I wanted to avoid my duties or cause harm to the company."

Similar disputes have arisen in the past when migrant workers were assigned duties that conflicted with their religious beliefs.

In 2012, an Indonesian Muslim worker requested a workplace transfer after being assigned to make sundae, a Korean blood sausage typically made from pig intestines. Islam prohibits the consumption of pork, and some Muslims also avoid handling pork products.

The worker filed a complaint with the National Human Rights Commission of Korea, which determined that assigning workers who entered Korea through the EPS to workplaces without considering their religion or rejecting requests for workplace transfers on religious grounds could constitute discrimination.

In 2023, a Bangladeshi Muslim worker who had been told before arriving in Korea that the job involved cosmetics production requested a workplace transfer after being assigned to clean pig intestines. The request was initially rejected, but the worker was later allowed to transfer to another workplace after the case drew public attention, according to the North Jeolla chapter of the Korean Confederation of Trade Unions.

The Ministry of Employment and Labor, however, has taken a cautious stance on excluding workers from certain jobs or workplaces based on their religion.

"Blanket exclusions from certain jobs based on religion could themselves amount to discrimination," a Labor Ministry official said. "But improvements appear necessary to ensure that job duties are accurately described in employment contracts so workers can make informed decisions themselves."

The labor attorney representing the Nepali worker called for additional measures to prevent similar disputes.

"Employment contracts should not only be clearly written and explained in advance, but there also needs to be a process to identify workers' religious beliefs beforehand with their consent," said labor attorney Cho Yun-hee. "Requests for workplace transfers based on religious beliefs should also be actively accommodated."

BY BYUN MIN-CHUL [[email protected]]