저성과자 해고에 있어서 당사자 재교육의 노동법적 함의 (Labor Law Implications of Re-education in the Dismissal of Poor Performers)

서지정보

· 발행기관 : 한국노동법학회
· 수록지 정보 : 노동법학 / 80호 / 153 ~ 177페이지
· 저자명 : 차동욱

초록

This article examines the labor law implications of re-education of the concerned person in the judgment of dismissal of the poor performer in the labor-management relationship. When trying to dismiss a poor performer, the Korean dismissal system requires a justifiable reason for the dismissal. In this process, whether the employer is making an effort to improve the performance of the poor performers exists only as one element of the comprehensive evaluation. In addition, the employer's efforts at this time are mainly judged as a factor in the effort to avoid dismissal, not as an active duty of the employer. This article calls for more active re-education by the employer in this situation, and it is based on the employer's active obligations in the contract or the principle of fairness in the general principle of law, not just the employer's efforts to avoid dismissal. This is because most workers do not require specific work skills at the time of conclusion of the labor contract, and the employer also recognizes this and concludes a comprehensive contract. Therefore, the employer has the duty to actively educate and develop the work ability of the employee, and even when trying to dismiss a poor performer, the employer's duty should be actively reviewed and used as a justification for the dismissal. In addition, when considering the image as a target for implicit dismissal and the possibility of personal infringement of the poor-performing evaluation itself, the need for an employer's obligation to actively re-educate employees is even higher.

영어초록

This article examines the labor law implications of re-education of the concerned person in the judgment of dismissal of the poor performer in the labor-management relationship. When trying to dismiss a poor performer, the Korean dismissal system requires a justifiable reason for the dismissal. In this process, whether the employer is making an effort to improve the performance of the poor performers exists only as one element of the comprehensive evaluation. In addition, the employer's efforts at this time are mainly judged as a factor in the effort to avoid dismissal, not as an active duty of the employer. This article calls for more active re-education by the employer in this situation, and it is based on the employer's active obligations in the contract or the principle of fairness in the general principle of law, not just the employer's efforts to avoid dismissal. This is because most workers do not require specific work skills at the time of conclusion of the labor contract, and the employer also recognizes this and concludes a comprehensive contract. Therefore, the employer has the duty to actively educate and develop the work ability of the employee, and even when trying to dismiss a poor performer, the employer's duty should be actively reviewed and used as a justification for the dismissal. In addition, when considering the image as a target for implicit dismissal and the possibility of personal infringement of the poor-performing evaluation itself, the need for an employer's obligation to actively re-educate employees is even higher.

참고자료

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