취업규칙의 변경에 따른 문제점에 관한 小考

• 영문명: A Study about Points, according to change on Rules of Employment
• 발행기관: 원광대학교 법학연구소
• 저자명: 황현순(Hwang, Hyeon-Soon)
• 간행물 정보: 『법학연구』제20집, 361~386쪽, 전체 26쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2004.10.30

영문 초록

In operation the Labor Standard Act about working condition, It is prescribed in the rules of law, to equal rights An employer and a laborer be decided by free will. However a law grant a making power of rules of employer. Yet, to labor market do business with a large quantity and uniform, the above statements about rules of employment, doing labor express an intention of disapproval mean loss of employment chance. According to labor does not disapprove of conclude contract employment a contract because of my employment. Only about this way the Labor Standard Act be force rules of employment to labor protection. Watching for, inform notify to labor doing placard rules of employment, doing go through formalities in disadvantage change of rules of employment, limitation of lower labor salary and punishment rules, doing non-objection a collective agreement etc.. But on actuality of labor relation, operating rules of employment a kind of rules, show no change a fact on put under restraint, in principle framing and change rights of rules of employment have employer. Also these are caused social problem bring about employer and a laborer legal struggle be due to an imperfection of rules of employment. Especially having been became the subject of discussion be related to problem on rules of employment, it come to the front disadvantage changing time rules of employment, The first, a collision problem of a proviso Clause .1 of Artical. 97 of the Labor Standard Act and a theory of ‘Rationality’, the second about thing of effect disadvantage changing rules of employment. Finally there was problem about changing rules of employment, on change time of enterprise. These have consider points about change rules of employment. Concerning it, may be become some problem proposal, to the giving a problem change rules employment careful consideration. Then will be propose refonn measure of disadvantage change rules.

목차

Ⅰ. 문제 제기

Ⅱ. 근기법 제97조 제1항의 단서와 ‘합리성’ 이론

Ⅲ. 취업규칙 변경의 효력상의 문제점

Ⅳ. 취업규칙의 변경에 따른 문제점의 개선방향

Ⅴ. 결어

參考文獻

〈ABSTRACT〉

키워드

취업규칙 변경의 문제점 합리성 이론 유리의 원칙 취업규칙과 단체협약의 관계 취업규칙 변경의 개선방향