연령차별관점에서 본 정년연장과 임금조정제 (The Wage Adjustment Plan Based on Employees’ Age in the view of the Anti-Age Discrimination Rules)

서지정보

· 발행기관 : 노동법이론실무학회
· 수록지 정보 : 노동법포럼 / 15호 / 53 ~ 73페이지
· 저자명 : 전윤구

초록

The Anti-Age Discrimination Act provides the maximum retirement age that employers can set up on an employment rules. The mandatory retirement age for employees is 60years old. In response to the enforcement of the Act, the labor policy makers are considering some ways allowing employers to introduce a adjustment plan based on employees’ age without violating the Labor Standard Act. Then, they are attempting to change the long-standing rule, the majority rule, in the Act. The rule means that if employers would unfavorably revise an employment rules against existing employees in the workplace, they shall get the majority consent from the employees. If the majority rules could not be satisfied, such a revision would be void. So far, there are many controversies around whether the wage adjustment plan based on employees’ age can be unilaterally introduced by employers without applying the majority rules for revising any related personnel manual. But there are little reviews examining the plan in the view of the anti-age discrimination laws. This has evaluated the validity of the plan in the light of the anti-age discriminations prohibiting employment discriminations against the aged. In conclusion, this has figured out that the plan can be the unfavorable treatment against the aged and violate the anti-age discrimination laws, because it is the pay system to reduce the aged employees’ wage depending their certain ages.

영어초록

The Anti-Age Discrimination Act provides the maximum retirement age that employers can set up on an employment rules. The mandatory retirement age for employees is 60years old. In response to the enforcement of the Act, the labor policy makers are considering some ways allowing employers to introduce a adjustment plan based on employees’ age without violating the Labor Standard Act. Then, they are attempting to change the long-standing rule, the majority rule, in the Act. The rule means that if employers would unfavorably revise an employment rules against existing employees in the workplace, they shall get the majority consent from the employees. If the majority rules could not be satisfied, such a revision would be void. So far, there are many controversies around whether the wage adjustment plan based on employees’ age can be unilaterally introduced by employers without applying the majority rules for revising any related personnel manual. But there are little reviews examining the plan in the view of the anti-age discrimination laws. This has evaluated the validity of the plan in the light of the anti-age discriminations prohibiting employment discriminations against the aged. In conclusion, this has figured out that the plan can be the unfavorable treatment against the aged and violate the anti-age discrimination laws, because it is the pay system to reduce the aged employees’ wage depending their certain ages.

참고자료

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