A/HRC/29/46/Add.1 origin. Migrant workers hired through EPS, some of whom work in poor conditions, are vulnerable to physical violence, verbal abuse, unpaid wages and minimum wage violations. Migrant workers are currently not allowed to join an independent labour union. The case of a trade union formed nine years ago by some migrant workers remains pending before the Supreme Court of the Republic of Korea, which has yet to recognize that union as legal. B. Workers in the agriculture sector 36. The Special Rapporteur was informed about the situation of migrant workers in the agriculture industry. Through first-hand meetings with migrant workers in this sector, he was made aware of the difficult working and living conditions they face, which include working in small farms, in isolated areas of the country, in the cold winter and in the hot summer, particularly in greenhouses. 37. Migrant workers in the agriculture and livestock industries of the Republic of Korea face worse conditions than those hired in the manufacturing, construction and service industries. The Special Rapporteur was informed that some of the articles of the Labour Standards Act do not apply to labourers in the agriculture and livestock industries, as article 63 of the Act specifically excludes those workers from protections relating to working hours, paid weekly rest days and daily breaks. Such exclusion is not only discriminatory but also disproportionately affects migrant workers in the agriculture sector. 38. Furthermore, these migrant workers are not entitled to receive overtime pay or additional pay for any night or holiday work. Low-wage work and long hours are customary for labourers in the agriculture and livestock industries. In its 2013 fact-finding report on the human rights situation of migrant workers in the agricultural and stockbreeding industries,2 NHRCK states that migrant workers in those industries worked an average of 284 hours, with just two days’ rest every month, and received an average monthly wage of 1,270,000 won, which is below the minimum hourly wage and would equate to a monthly salary of 1,380,000 won. 39. In addition, such migrant workers are often assigned tasks that are much more difficult and strenuous than those assigned to their counterparts from the Republic of Korea. Given their isolation, it is particularly difficult for migrant workers to report violations of the Labour Standards Act and to change employment, as they have to go through the job centres and provide justification in order to be allowed to change employer. The Special Rapporteur was informed that migrant workers in the agriculture and livestock industries could transfer only to the construction, fishing or service industries. 40. Furthermore, since most migrant workers work in conservative, rural communities, they are especially vulnerable to discrimination. Migrant workers in the agriculture and livestock industries work and live in closed and isolated rural communities that consist mainly of farm owners and their families. As such, they are vulnerable to various forms of discrimination resulting from old-fashioned employment practices, disrespect for foreigners and limited-duration visa status given their short-term contracts as labourers. The Special Rapporteur was also informed that, in some rural communities, labourers have traditionally been regarded as servants, a perception that can lead to verbal abuse, physical violence, sexual abuse and violation of their privacy, as they live in their employer’s household. 2 10 Available from www.humanrights.go.kr/common/board/fildn_new.jsp?fn=in_BB2013103111262611332591.pdf (Korean only).