대기발령에 관한 법적 고찰

• 영문명: A Study on the Workers placed on the Waiting List
• 발행기관: 원광대학교 법학연구소
• 저자명: 방준식(Bang, Joon-Sik)
• 간행물 정보: 『원광법학』제24권 제1호, 249~267쪽, 전체 18쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2008.03.30

영문 초록

The being placed on the waiting list is the general measure employers take in the process of restructuring or for the necessity of business management, the provisional measure to keep order. This measure is the right employers take in a place of business based on a labor contract, The being placed on the waiting list is the employers' right to direct the work and control the workers in employment relations, but it has many immanent limits and restrictions. It is an important problem that the employers can abuse their right in particular an automatic retirement clause after a fixed term ends of the being on the waiting list and a ban clause for holding more than one office. It is certain that the employers should pay wages for the employees because the being on the waiting list is the employers' right to keep order and control them. Even if the employers pay wages to the employees on the waiting list, they can demand the compensation for the damage against a claim for works in case to left property damage. Because the being on the waiting list come under the illegal act in certain circumstances.

목차

Ⅰ. 문제의 제기

Ⅱ. 대기발령의 의의

Ⅲ. 대기발령의 정당성 요건

Ⅳ. 대기발령과 관련된 문제점 검토

Ⅴ. 결 론

참고문헌

Abstract

키워드

대기발령 직위해제 사용자 지시권 당연퇴직 겸업금지 취업청구권 the being on the waiting list employers' right to control the workers automatic retirement ban clause for holding more than one office claim for works