비정규직 차별시정례(중노위․법원)에 대한 검토(Ⅲ) (Study on cases correcting discrimination against irregular workers)

서지정보

· 발행기관 : 한국노동법학회
· 수록지 정보 : 노동법학 / 35호 / 231 ~ 266페이지
· 저자명 : 박은정

초록

This paper is an extension of the researches studying the cases of labor relations commissions correcting discriminations, published in vol. 27(2008) and vol. 32(2009) of Journal of Labour Law. It collects the cases of the CLRC from September 1, 2009 to June 30, 2010 and the cases of administrative courts and high courts during that time, and sorts them into i) the problems of competency as parties, ii) the problems of selecting workers to be compared with, iii) the problems of eligibility of the subject of the filed subject iv) the problems of determination of reasonable discrimination to study. Though there is no significant difference compared with the cases in 2008 or 2009, two of the issues seem to be more or less established. First of them is that even a worker who has repeatedly renewed fixed-term employment agreement can apply for correction of discrimination as a fixed-term worker if it has passed less than two years since the contraction of fixed-term employment agreement after July 1, 2007. Second of them is that payment could be seen as continuous discrimination. In addition, they are considered i) whether the differences in working condition by collective agreement are reasonable grounds for discrimination; and ii) what continuous discrimination is and what ‘the other working conditions’, regulated as a kind of discrimination, means.

영어초록

This paper is an extension of the researches studying the cases of labor relations commissions correcting discriminations, published in vol. 27(2008) and vol. 32(2009) of Journal of Labour Law. It collects the cases of the CLRC from September 1, 2009 to June 30, 2010 and the cases of administrative courts and high courts during that time, and sorts them into i) the problems of competency as parties, ii) the problems of selecting workers to be compared with, iii) the problems of eligibility of the subject of the filed subject iv) the problems of determination of reasonable discrimination to study. Though there is no significant difference compared with the cases in 2008 or 2009, two of the issues seem to be more or less established. First of them is that even a worker who has repeatedly renewed fixed-term employment agreement can apply for correction of discrimination as a fixed-term worker if it has passed less than two years since the contraction of fixed-term employment agreement after July 1, 2007. Second of them is that payment could be seen as continuous discrimination. In addition, they are considered i) whether the differences in working condition by collective agreement are reasonable grounds for discrimination; and ii) what continuous discrimination is and what ‘the other working conditions’, regulated as a kind of discrimination, means.

참고자료

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