영국의 경영상 해고와 시사점 (The British Redundancy System and Its Suggestions)

서지정보

· 발행기관 : 노동법이론실무학회
· 수록지 정보 : 노동법포럼 / 13호 / 37 ~ 72페이지
· 저자명 : 전형배

초록

Under British Employment Rights Acts 1996 s 139(1), an employee is dismissed for redundancy where the dismissal is attributable wholly or mainly to: (a) the fact that the employer has ceased, or intends to cease, to carry on the business for the purposes of which the employee was employed by it, or has ceased, or intends to cease, to carry on that business in the place where the employee was so employed ; or (b) the fact that the requirements of that business for employees to carry out work of a particular kind, or for employees to carry out work of a particular kind in the place where they were so employed, have ceased or diminished, or are expected to cease or diminish.
When a employer dismisses employees by reason of redundancy, he or she should consult with authorized representatives of recognized trade union when even only one employee of the class for which the union is recognized is to be made redundant. The remedy for the failure to comply with the duty to consult lies in the protective award.
And the redundant employees have the right to get redundancy payment which is calculated based on the week’s pay.
Compared to the British redundancy system, the compliance with legal procedures and compensation for dismissed employees should be underlined in Korean system.

영어초록

Under British Employment Rights Acts 1996 s 139(1), an employee is dismissed for redundancy where the dismissal is attributable wholly or mainly to: (a) the fact that the employer has ceased, or intends to cease, to carry on the business for the purposes of which the employee was employed by it, or has ceased, or intends to cease, to carry on that business in the place where the employee was so employed ; or (b) the fact that the requirements of that business for employees to carry out work of a particular kind, or for employees to carry out work of a particular kind in the place where they were so employed, have ceased or diminished, or are expected to cease or diminish.
When a employer dismisses employees by reason of redundancy, he or she should consult with authorized representatives of recognized trade union when even only one employee of the class for which the union is recognized is to be made redundant. The remedy for the failure to comply with the duty to consult lies in the protective award.
And the redundant employees have the right to get redundancy payment which is calculated based on the week’s pay.
Compared to the British redundancy system, the compliance with legal procedures and compensation for dismissed employees should be underlined in Korean system.

참고자료

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