중국 근로자파견 허용범위의 문제점 및 개선안 (A Problem and an Improvement Plan for a Permissible Range of Worker Dispatch in China)

서지정보

· 발행기관 : 한국비교노동법학회
· 수록지 정보 : 노동법논총 / 48권 / 143 ~ 169페이지
· 저자명 : 태현숙, 김진영

초록

The worker dispatch in China took place with having been begun the reform and opening. The original Temporary Agency Work system in China is following 「Labor Contract Law」 that was enforced from 2008. This is the first national legislation pertinent to the worker dispatch in China. At the 30th conference for the Standing Committee of the 11th National People's Congress on December 28, 2012 after the enforcement of 「Labor Contract Law」, the revised bill for 「Labor Contract Law」 was passed, thereby having taken effect from July 1, 2013.
Seeing the legal regulations and the revision process concretely regarding the permissible range of worker dispatch, the allowable range given the initial legislation was stipulated to be a division with less than 6 months for a term of existence in the range of “temporaryity, subsidiarity, substitutivity.” By the way, the ambiguity of the permitted limit to worker dispatch following the legislation led to a sharp increase in the worker dispatch. A law-making organ recognized that the ambiguity of the permitted limit to worker dispatch is one of a cause, thereby having come to make legal revisions. The revised law, which was enforced from July 1, 2013, rigidly conceded the permitted limit to worker dispatch just within the range of “temporaryity, subsidiarity, substitutivity,” thereby having reduced the scope of the worker dispatch. 「Provisional Regulations for the Dispatch of Workers」 quantified a company's dispatched workers.
However, a demerit in which the permissible range of “temporaryity, subsidiarity, substitutivity” for the worker dispatch exists itself makes employee dispatchers and employment users inflict a loss on a legal right of dispatched workers because of disguising the worker dispatch with a method such as labor outsourcing, a personnel agent or out-tasking, thereby causing a bigger social issue. Also, the use of substitutivity task is leading to applying the worker dispatch in the long term.
Seeing the regulations of 「Act on the Protection, Etc. of Temporary Agency Workers」 in south Korea, the range of worker dispatch is limited to 26 target businesses and is available for the dispatch period up to 2 years. Given continuing to use a dispatched worker with exceeding 2 years in violation of this, it led to being defined as the employment of a dispatched worker from the next day of being expired 2 years. The definite industry regulations of worker dispatch drew the clear line in using dispatched workers. In addition, South Korea has even specific occupational classification rules in accordance with this. This application scope on worker dispatch in South Korea is regarded as a good legislation case pertinent to the permissible range of worker dispatch in China.

영어초록

The worker dispatch in China took place with having been begun the reform and opening. The original Temporary Agency Work system in China is following 「Labor Contract Law」 that was enforced from 2008. This is the first national legislation pertinent to the worker dispatch in China. At the 30th conference for the Standing Committee of the 11th National People's Congress on December 28, 2012 after the enforcement of 「Labor Contract Law」, the revised bill for 「Labor Contract Law」 was passed, thereby having taken effect from July 1, 2013.
Seeing the legal regulations and the revision process concretely regarding the permissible range of worker dispatch, the allowable range given the initial legislation was stipulated to be a division with less than 6 months for a term of existence in the range of “temporaryity, subsidiarity, substitutivity.” By the way, the ambiguity of the permitted limit to worker dispatch following the legislation led to a sharp increase in the worker dispatch. A law-making organ recognized that the ambiguity of the permitted limit to worker dispatch is one of a cause, thereby having come to make legal revisions. The revised law, which was enforced from July 1, 2013, rigidly conceded the permitted limit to worker dispatch just within the range of “temporaryity, subsidiarity, substitutivity,” thereby having reduced the scope of the worker dispatch. 「Provisional Regulations for the Dispatch of Workers」 quantified a company's dispatched workers.
However, a demerit in which the permissible range of “temporaryity, subsidiarity, substitutivity” for the worker dispatch exists itself makes employee dispatchers and employment users inflict a loss on a legal right of dispatched workers because of disguising the worker dispatch with a method such as labor outsourcing, a personnel agent or out-tasking, thereby causing a bigger social issue. Also, the use of substitutivity task is leading to applying the worker dispatch in the long term.
Seeing the regulations of 「Act on the Protection, Etc. of Temporary Agency Workers」 in south Korea, the range of worker dispatch is limited to 26 target businesses and is available for the dispatch period up to 2 years. Given continuing to use a dispatched worker with exceeding 2 years in violation of this, it led to being defined as the employment of a dispatched worker from the next day of being expired 2 years. The definite industry regulations of worker dispatch drew the clear line in using dispatched workers. In addition, South Korea has even specific occupational classification rules in accordance with this. This application scope on worker dispatch in South Korea is regarded as a good legislation case pertinent to the permissible range of worker dispatch in China.

참고자료

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