비정규직법 시행령 등의 제ㆍ개정 관련 주요 쟁점과 입법방향 (Major Issue of Enactment or Amendment of the Enforcement Decrees of the Fixed-Term Employment Act and the Dispatched Work Act)

서지정보

· 발행기관 : 한국노동법학회
· 수록지 정보 : 노동법학 / 24호 / 101 ~ 132페이지
· 저자명 : 조임영

초록

Recently the act relating to protection, ETC., for dispatched worker(‘dispatched work act') is enacted and the act relating to protection, ETC., for fixed-term worker and part-time worker(‘fixed-term employment act') is amended in Korea.
According to the fixed-term employment act, the duration of employment of fixed-term worker is restricted within two years and if the employment of fixed-term worker excess two years, the worker deem to be employed by non fixed-term employment contract. The fixed-term employment act provide the cases to which the restriction of duration of employment of fixed-term worker are not applied. One of them is the case which need to use expertise or skills and the fixed-term employment act delegate the fix of scope corresponded to this case to Presidential Decree. In this case, an employer can conclude a fixed-term employment contract without limit.
Dispatched work act before the amendment stipulated that “jobs to which Worker Dispatch System may apply shall include … the ones selected by the Presidential Decree, which require expertise, skills or experiences”. The amended Dispatched work act add character of job to expertise, skills or experiences, which may be followed to amend the list of jobs permitted to use dispatched work.
These matters have a profound impact on the enforcement of these acts and the labor market. This article studies the basis and the limit of these matters which are provided by Presidential Decree. This article notes that the purpose of the fixed-term employment act and the dispatched work act is the prevention of an employment instability, therefore the above mentioned matters is strictly restricted within cases which are not the problem of a precarious employment.

영어초록

Recently the act relating to protection, ETC., for dispatched worker(‘dispatched work act') is enacted and the act relating to protection, ETC., for fixed-term worker and part-time worker(‘fixed-term employment act') is amended in Korea.
According to the fixed-term employment act, the duration of employment of fixed-term worker is restricted within two years and if the employment of fixed-term worker excess two years, the worker deem to be employed by non fixed-term employment contract. The fixed-term employment act provide the cases to which the restriction of duration of employment of fixed-term worker are not applied. One of them is the case which need to use expertise or skills and the fixed-term employment act delegate the fix of scope corresponded to this case to Presidential Decree. In this case, an employer can conclude a fixed-term employment contract without limit.
Dispatched work act before the amendment stipulated that “jobs to which Worker Dispatch System may apply shall include … the ones selected by the Presidential Decree, which require expertise, skills or experiences”. The amended Dispatched work act add character of job to expertise, skills or experiences, which may be followed to amend the list of jobs permitted to use dispatched work.
These matters have a profound impact on the enforcement of these acts and the labor market. This article studies the basis and the limit of these matters which are provided by Presidential Decree. This article notes that the purpose of the fixed-term employment act and the dispatched work act is the prevention of an employment instability, therefore the above mentioned matters is strictly restricted within cases which are not the problem of a precarious employment.

참고자료

· 없음