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SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON BETTER TREATMENT OF LONG-TERM CARE WORKERS AND IMPROVEMENT OF THEIR STATUS

SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON BETTER TREATMENT OF LONG-TERM CARE WORKERS AND IMPROVEMENT OF THEIR STATUS

Article 1 (Purpose) The purpose of this Ordinance is to prescribe matters necessary for the better treatment, improvement of the status, etc., of long-term care workers who work for long-term care institutions in the Seoul Metropolitan Government, such as caregivers and nurses.

Article 2 (Definition) The term "long-term care worker" used in this Ordinance means a person working for a long-term care institution to provide aid, etc. in physical activities or household chores for elderly citizens, etc. under subparagraph 5 of Article 2 of the Act on Long-Term Care Insurance for Older Persons.

Article 3 (Responsibilities of Mayors) The Mayor of the Seoul Metropolitan Government (hereinafter referred to as the "Mayor") shall actively endeavor to ensure better treatment for long-term care workers and to enhance their welfare and status.

Article 4 (Formulation and Implementation of Comprehensive Plans) (1) Every three years, the Mayor shall formulate and implement a comprehensive plan to provide long-term care workers with better treatment and to enhance their welfare.
(2) A comprehensive plan shall contain the following:
1. A plan for the better treatment, and improvement of the status, of long-term care workers;
2. A plan to improve the working environments of long-term care workers;
3. Any other matters deemed necessary by the Mayor.

Article 5 (Fact-Finding Surveys) (1) Every three years, the Mayor shall conduct a fact-finding survey on the status, the working environments, treatment, etc. of long-term care workers to improve treatment of long-term care workers.
(2) To conduct fact-finding surveys under paragraph (1), the Mayor may outsource such surveys to a specialized institution or organization; in such cases, he/she may subsidize expenses incurred in conducting the survey, within the budget.

Article 6 (Projects for Better Treatment) (1) The Mayor may perform any of the following projects for the better treatment, and improvement of the status, of long-term care workers: <Amended by Ordinance No. 7313, Sep. 26, 2019>
1. A project to improve the working environments of long-term care workers;
2. A project for counseling, investigation, and research for the better treatment, and improvement of the status, of long-term care workers;
3. A project for education and training of long-term care workers to enhance their capabilities;
4. Any other project deemed by the Mayor necessary to ensure better treatment for long-term care workers and to enhance their welfare and status.
(2) In order to perform any project specified in any subparagraph of paragraph (1), the Mayor may compile a necessary budget and subsidize it, within the budget.

Article 7 (Guarantee of Status of Long-Term Care Workers) (1) The Mayor shall actively encourage long-term care institutions to observe the Labor Standards Act and other labor-related statutes and regulations; and shall take relevant measures so that long-term care workers can be guaranteed the rights prescribed in relevant statutes and regulations. <Amended by Ordinance No. 7044, Mar. 28, 2019>
(2) The Mayor shall proactively take measures to ensure that long-term care workers can be protected from suffering abusive language, violence, sexual harrassment, or sexual violence, in the course of performing their duties.
(3) The Mayor shall take measures to ensure that no long-term care worker will suffer disadvantageous treatment in their status, such as disciplinary action, etc. or suffer discrimination in terms of their working conditions, as a result of reporting any illegal or unfair conduct or any other irregularities, etc. in connection with the operation of a long-term care institution to a relevant administrative agency and investigation agency.

Article 8 (Responsibilities of Heads of Long-Term Care Institutions) The heads of long-term care institutions shall explore measures necessary to improve the working environments and welfare of long-term care workers they employ.

Article 9 (Establishment and Operation of Support Centers for Long-Term Care Workers) (1) The Mayor may establish and operate a support center for long-term care workers (hereinafter referred to as "center") to contribute to improving the quality of care services, by operating programs to raise the quality of the working environments of long-term care workers and to manage their physical and mental health, and by providing educational consultations and other support.
(2) Where the Mayor establishes a center pursuant to paragraph (1), he/she may do so in each region or autonomous Gu so that long-term care workers can use a center conveniently, and may designate and operate a support center exercising overall control over the affairs of centers from among the centers in each region or autonomous Gu.
(3) The Mayor may provide administrative support necessary for operating centers as well as financial support, within the budget.

Article 10 (Functions of Centers) A center shall perform the following functions: <Amended by Ordinance No. 7313, Sep. 26, 2019>
1. Raising social awareness about, and enhancing the rights, of long-term carer workers;
2. Improving long-term care workers' health to prevent and alleviate their physical and mental stress;
3. Enhancing long-term care workers' capabilities through education for improving their job ability, etc.;
4. Providing support for consultations on employment and business start-ups of long-term care workers as well as for substitute manpower;
5. Counselling on violations of long-term care workers’ rights and providing support therefor;
6. Performing other matters acknowledged by the Mayor in relation to improving the welfare of long-term care workers.

Article 11 (Entrustment with Operation) If necessary to efficiently operate centers under Article 9, the Mayor may entrust the operation of the centers to an autonomous Gu, non-profit corporation, or organization.

Article 12 (Application Mutatis Mutandis) Except as provided in this Ordinance, the provisions of the Seoul Metropolitan Government Ordinance on the Entrustment of Administrative Affairs to the Private Sector shall apply mutatis mutandis to entrustment with the operation of centers.

Article 13 (Enforcement Rule) Matters necessary for the enforcement of this Ordinance shall be prescribed by rule of the Seoul Metropolitan Government.

ADDENDA
Article 1 (Enforcement Date)
This Ordinance shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures)
The Seoul support center for elderly care workers operated as at the time this Ordinance enters into force, shall be deemed a support center for long-term care workers referred to in Article 9 of this Ordinance.
ADDENDA <Ordinance No. 7044, Mar. 28, 2019>
Article 1 (Enforcement Date)
This Ordinance shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM <Ordinance No. 7313, Sep. 26, 2019>
This Ordinance shall enter into force on the date of its promulgation.