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非正規織 勤勞者에 대한 不當勞動行爲에 관한 硏究 원문보기
(A) Study on the Unfair Labor Practice of the Contingent Workers

  • 저자

    이창섭

  • 학위수여기관

    昌原大學校 勞動大學院

  • 학위구분

    국내석사

  • 학과

    노동법무학과

  • 지도교수

  • 발행년도

    2003

  • 총페이지

    v, 154p.

  • 키워드

    비정규직 근로자 부당노동행위 노동법;

  • 언어

    kor

  • 원문 URL

    http://www.riss.kr/link?id=T9168281&outLink=K  

  • 초록

    Because the contingent workers' three rights to labor is hardly guaranteed by the current Labor Union and Labor Relations Adjustment Act. Thus it is almost impossible for the contingent workers to perform the union activities. Problems that frequently occur with regard to the three rights to labor under the labor relation of directly employed the contingent workers are related to the right of organization. That is, if there has already been a labor union organized by the regular employees, the contingent workers' right of organization often conflicts with Article 5 of the additional clauses of the Labor Union and Labor Relation Adjustment Act, which prohibits multiple unions. Problems that frequently occur with regard to three rights to labor under the labor relation of indirectly employed contingent workers are related to the right of collective bargaining and the right of collective action. In particular, the three rights to labor are deprived of in the labor union activities at the business places under the main contracts and the sub-contracts, which are the actual work places of indirectly employed contingent workers, through the cancellation of the contracts by the owners. In the case of contingent workers in special employment such as life insurance designers, study sheet teachers, truck-mixer owners and golf course caddies, the most crucial matter is whether they are the workers according to the Labor Standard Act or the Labor Union and Labor Relation Adjustment Act. The unfair labor practices specified in the Article 81 of the Labor Union and Labor Relation Adjustment Act do not include the unfair labor practices against the contingent workers. Abusing that, the employers are engaged in the unfair labor practices against the contingent workers but there is not the regulation to punish them, and consequently, the violation of the three rights to labor against the contingent workers is getting more serious. In protecting the directly employed contingent workers, the effect extension system of collective agreement, which is specified in the existing law, can be utilized to improve the interests and guarantee the three rights to labor of the contingent workers. In the employment relation of indirectly employed or specially employed contingent workers, the main contractors or the sub-contractors are actually making the profits by exercising control or influence over the decision of working conditions of workers. Thus, the concept of employers must be expanded so that the main contractors and sub-contractors take responsibility for the workers according to the Labor Standard Act and the Labor Union and Labor Relation Adjustment Act. As for a specific plan of legislation, it is desirable to add to the Article 15 of the Labor Standard Act the provision. Even if it is not a formal party in the employment contract, one is regarded as the employer if it exercises the substantial control or influence over the decision of working conditions and other matters with regard to the concerned employee. In addition, it is desirable to insert in the Clause 2 of Article 2 of the Labor Union and Labor Relation Adjustment Act the provision. Even if it is not a formal party in the employment contract, one is regarded as the employer if it exercises the substantial control or influence over the matters concerning the labor union or workers. With regard to the unfair labor practices, it is necessary to revise the regulations on the unfair labor practice systems in the Article 81 of the Labor Union and Labor Relation Adjustment Act first of all by defining the cancellation of contracts by the main contractors and sub-contractors, false closing of business by the sub-contractors, refusal of the renewal of employment contracts by the sub-contractors, the cancellation of dispatch contracts of specially employed contingent workers, etc. as the unfair labor practices.


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