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硏究論文

미국의 해고법제(dismissal laws) 하에서 파견고용 관계의 전개

원문정보

Developments of Temp Help Employment in U.S Dismissal Laws

김미영, 박종희

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초록

영어

The U.S dismissal laws are composed of the federal labor laws, regulating labor and employment relations, and the case laws, revising some principles in contract and tort laws in state courts. The federal labor laws include the FLSA, NLRA, OSHA and Title Ⅶ of Civil Rights Act prohibiting employment discriminations in the establishment and termination of employment. In addition, the case laws mean three exceptions to the doctrine of employment at will in contract and tort laws, which have been established by state courts. Above all, the remarkable feature of U.S dismissal laws is that it does not generally require just causes for a legally justified discharge. The laws only premise the principle individually controlling some causes of discharge on the statutes and case laws. The dismissal laws based on the principle logically can not recognize a job security for employees as a legal interest that have to be protected by legal systems. Then, the temp help employment has seriously resulted in job insecurities since 1940s, but the laws don’t regulate it as the matter of wrongful discharge. Furthermore, it is very difficult to establish a legal construction or to enact a legislation, enumerating some jobs for temp help employment and limiting the service period of temp employees in a client’ workplace.

목차

Ⅰ. 서론
 Ⅱ. 미국 해고법제의 원리와 내용
 Ⅲ. 파견고용 관계의 고용불안정 문제
 Ⅳ. 결론
 참고문헌
 

저자정보

  • 김미영 Kim, Miyoung. 연구교수, 이화여대 고진로사회권연구소.
  • 박종희 Park, Jonghee. 교수, 고려대학교 법학전문대학원.

참고문헌

자료제공 : 네이버학술정보

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