취업규칙 불이익 변경 제도 개선을 위한 제언

• 영문명: A proposal to improve the system for unfavorable amending of the rules of employment
• 발행기관: 충북대학교 법학연구소
• 저자명: 노병호(Roh, Byoungho) 이명로(Lee, Myungrho)
• 간행물 정보: 『법학연구』第28卷 第1號, 1~33쪽, 전체 33쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2017.06.30

영문 초록

While an introduction of the wage peak system linked to extend the retirement age and a reform of the wage system to introduce the annual salary system by performance arise, unfavorable amending of the rules of employment issue is becoming the cause of major conflict between labor and management. As that conflict is likely to continue due to a trend of stagnant corporate growth, a preparation of a rational system to resolve it is needed. An unfavorable amending of the rules of employment should be properly regulated by collective consent procedures of the Labor Standards Act to protect working conditions of the worker. And in that process the interests of the minority group or non union workers is sufficiently taken into consideration. In addition, employer’s need for adjustment of employment conditions to respond flexibly to labor market environment change. For this the legal theory of reasonableness of social convention as a factor of exemption from collective consent should be considered. So I suggest legislative proposal to operate reasonably the rules of employment through coordination of the interests between labor and management with regard to unfavorable changes : ⅰ) imposing a duty to fair represent on majority unions when they consent, ⅱ) granting the right of consent to the representative of workers, ⅲ) integrating hearing process and consenting process, ⅳ) stipulating in law a criteria for reasonableness of social convention, ⅴ) resolving the dispute between labor and management on unfavorable amending of the rules of employment by using the Labor Relations Commission system.

목차

Ⅰ. 머리말

Ⅱ. 취업규칙 불이익 변경상의 쟁점과 제언

Ⅲ. 맺는 말

키워드

취업규칙 불이익 변경(unfavorable amending of the rules of employment) 불이익변경 동의(Collective agreement) 집단적 동의(agreement of unfavorable amending) 사회적 합리성(reasonableness of social convention) 공정대표의무(a duty to fair represent)