earticle

논문검색

硏究論文

賃金ピーク制と賃金削減、就業規則不利益変更と社会通念上の合理性

원문정보

The Improvement of Dismissal Laws and Guidelines for Ordinary Dismissals of the Ministry of Employment and Labor

임금ピーク制と임금삭감、취업규칙불리익변경と사회통념상の합리성

宋剛直

피인용수 : 0(자료제공 : 네이버학술정보)

초록

영어

Labor reforms change the reality of past-oriented labor relations into future-oriented ones. Even though this change was achieved through the revision and disposal of the laws and regulations, it can be fallen into an error to simplify the fact that the guidelines which do not have legal binding and do not exclude the conflict possibility of precedents can change that. The dismissal system shall present the standard of judgment in accord with a new human resources management focusing on the result of job performance, the dismissal for economic reasons shall also complement the concrete detailed criteria and prevent unreasonable damages resulting from companies and employees, and the method of remedy of unfair dismissals shall improve the direction to increase effectiveness. It shall be the purpose of labor reforms to extend the consensus of labor-management on whether or not reforms are achieved in any direction and to prepare the effective improvement plan through presenting a concrete reform agenda. If it is a purpose to resolve the uncertainty of existing related provisions of dismissals and improve the loophole of legal system, it is a meaning of institutional improvement and can secure the balance point of interests between labor-management that the main part of reconstructing the dismissal system shall include all of the substantial reasons, dismissal procedures, and loopholes of remedy system of unfair dismissals. In addition, Labor reforms shall be able to respond Labor market flexicurity reasonably through seeking the improvement plan on the viewpoint to compromise the labor market flexibility and employment security of employees with individual issues surrounding the dismissal system considered in labor reality of Korea. What is emphasized in the last is that one should improve individual issues reasonably that surround the dismissal system considered in labor reality of Korea and then organize the comprehensive and systematic modernized dismissal system in order to respond the normality of labor market well.

목차

Ⅰ. はじめに
 Ⅱ. 就業規則に関する勤労基準法ㆍ判例法理
 Ⅲ. 賃金ピーク制と就業規則の不利益変更
 Ⅳ. 結びにかえて
 参考文献
 Abstract

저자정보

  • 宋剛直 송강직. 동아대학교 법학전문대학원 교수

참고문헌

자료제공 : 네이버학술정보

    함께 이용한 논문

      ※ 기관로그인 시 무료 이용이 가능합니다.

      • 4,800원

      0개의 논문이 장바구니에 담겼습니다.