경영해고의 단체교섭대상 여부

• 영문명: Whether Workforce Reduction comes within the Scope of Collective-Bargaining Subjects
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 피용호(Yong-Ho Phi)
• 간행물 정보: 『비교사법』비교사법 제11권 2호, 659~691쪽, 전체 33쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2004.06.01

영문 초록

This study deals with the matter of whether workforce reduction should be collectively bargained or not, in reality wide gap of differences in interpretation of the matter exists between two contrasting poles, Management and Labor. The summary of this humble study is as follows. The subject of collective-bargaining could be divided into 3, Mandatory, Permissive, and Prohibitive subject, however, it is not that easy to decide in which the right of management is comprised. In order to get inside this question, it should be distinguished between the exercise of managerial right itself and the impact it has on the conditions of employment, as a sequel to the foregoing, only the latter is thought be within the scope of mandatory bargaining. Management decision itself to reduce workforce is understood as the substantial part of managerial right, but the conditions of employment impacted by that decision, for instance, possible method to avert or minimize termination, reasonable and fair criteria & procedure for termination, proper plan to protect dismissed workers, should be collectively bargained on the ground that continuance or termination of employment is up to those. In the dissenting opinion, there cannot be any more procedures or limitations on how they reduce their workforce as long as conditions stipulated under Labor Standard Act are met. But, Labor Union has legal status to exercise its Constitutional right of collective-bargaining with respect to the conditions of employment during workforce reduction regardless of Labor Standard Act. Thus, in order to settle properly the labor-management dispute regarding workforce reduction, legality of workforce reduction based on the interpretation of the conditions on Labor Standard Act alone is not sufficient. For the interpretation to be in proper perspective, principles and theories of constitutional law regarding collective labor relations, such as collective-bargaining, strike, and unfair labor practices need to be take into account and applied throughout as well.

목차

Ⅰ. 서 론

Ⅱ. 단체교섭대상의 구분론

Ⅲ. 경영해고의 단체교섭대상 여부에 관한 학설ㆍ판례의 입장 및 접근방향

Ⅳ. 경영해고와 단체교섭대상에 대한 구체적 판단

Ⅴ. 결 론

참 고 문 헌

【ABSTRACT】