단시간근로의 입법정책적 과제 (Issues on Enactment of the Act on Protection of Part-time Workers)

서지정보

· 발행기관 : 노동법이론실무학회
· 수록지 정보 : 노동법포럼 / 12호 / 1 ~ 35페이지
· 저자명 : 박지순

초록

Recently, introduction of an independent law on protection of part-time workers has been being discussed against the Act on the Protection, etc. of Fixed-term and Part- Time Workers which covers both temporary workers and part-time workers at the same time. In establishing a new legal system for part-time workers, specific legal issues should be defined to be able to best serve the purpose of the law, which are protection of part-time workers and development of a reasonable labor market. This paper aimed to examine main legal issues brought up in legislating for part-time workers.
Since the current act does not directly regulate details of the part-time work, several issues such as prohibition of discrimination, reduction or extension of working hours are expected to arise as the number of part-time workers increases. In this regard, it is necessary to enact an integrated law that aims at protection of part-time workers as well as employment management of part-time work.
To promote decent part-time work, customized policy measures for workers and job seekers should be in place. That is, reduction of working time should be encouraged to enable skilled workers who wish to work stably to strike a balance between work and family. For this end, part-time workers need to be granted the right to claim for reduction of working hours. The government should also take measures to expand nonfixed- term employment of part-time work so as to meet various needs of workers and job seekers. Besides, the act should impose a duty on users to clearly state and notify part-time workers of the requirements and the procedures for conversion to full-time worker. Active measures to protect workers from discriminative treatment should be taken as well.
It strikes one that discussions regarding legislation for part-time workers will contribute to promote part-time employment and to gain acceptance among part-time workers. Although the concrete shape of the act has yet to be further defined, we should closely look into and assess the act and the rights to be articulated in it in our continual efforts for improvement of legal system for part-time workers.

영어초록

Recently, introduction of an independent law on protection of part-time workers has been being discussed against the Act on the Protection, etc. of Fixed-term and Part- Time Workers which covers both temporary workers and part-time workers at the same time. In establishing a new legal system for part-time workers, specific legal issues should be defined to be able to best serve the purpose of the law, which are protection of part-time workers and development of a reasonable labor market. This paper aimed to examine main legal issues brought up in legislating for part-time workers.
Since the current act does not directly regulate details of the part-time work, several issues such as prohibition of discrimination, reduction or extension of working hours are expected to arise as the number of part-time workers increases. In this regard, it is necessary to enact an integrated law that aims at protection of part-time workers as well as employment management of part-time work.
To promote decent part-time work, customized policy measures for workers and job seekers should be in place. That is, reduction of working time should be encouraged to enable skilled workers who wish to work stably to strike a balance between work and family. For this end, part-time workers need to be granted the right to claim for reduction of working hours. The government should also take measures to expand nonfixed- term employment of part-time work so as to meet various needs of workers and job seekers. Besides, the act should impose a duty on users to clearly state and notify part-time workers of the requirements and the procedures for conversion to full-time worker. Active measures to protect workers from discriminative treatment should be taken as well.
It strikes one that discussions regarding legislation for part-time workers will contribute to promote part-time employment and to gain acceptance among part-time workers. Although the concrete shape of the act has yet to be further defined, we should closely look into and assess the act and the rights to be articulated in it in our continual efforts for improvement of legal system for part-time workers.

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