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학술논문법학논총2007.07 발행KCI 피인용 9

파견근로자의 직접고용에 대한 평가와 해석과제

Legal Issuses of Dispatched Worker and Employment of User-Employer

박수근(한양대학교)

24권 2호, 431~450쪽

초록

The Protection of Dispatched Worker Act(hereafter the PDWA) in Korea was effective started July 1. 1998. Especially, in the Article 6(dispatch expire) of the PDWA, the dispatched worker shall be regarded as employed by User-Employer of him after two years expires. but, in the Article 6(dispatch expire) amended and was effective starting July 1. 2007. of the PDWA, User-Employer must employ Dispatched Worker after two years expires. and in amended Article 21(prohibition discrimination), Supply-Employer and User-Employer of Dispatched Worker should not discriminate him in comparision with User-Employer'employee in working conditions. This article is composed of 3 major parts as followings. The first part is principal contents in the amended PDWA. this is about scope and period of dispatch work, prohibition discrimination in working conditions. and employment-necessity of User-Employer for Dispatched Worker. The second part treats types and contents about duty-employment of User-Employer after two years expires. especially, when he employ Dispatched Workers, review that they take working conditions and types-employment from him. The last part is a conclusion about review of duty-employment of User-Employer in the amended PDWA. and, predict that it effects a change about employment-types and working conditions for subcontract-worker.

Abstract

The Protection of Dispatched Worker Act(hereafter the PDWA) in Korea was effective started July 1. 1998. Especially, in the Article 6(dispatch expire) of the PDWA, the dispatched worker shall be regarded as employed by User-Employer of him after two years expires. but, in the Article 6(dispatch expire) amended and was effective starting July 1. 2007. of the PDWA, User-Employer must employ Dispatched Worker after two years expires. and in amended Article 21(prohibition discrimination), Supply-Employer and User-Employer of Dispatched Worker should not discriminate him in comparision with User-Employer'employee in working conditions. This article is composed of 3 major parts as followings. The first part is principal contents in the amended PDWA. this is about scope and period of dispatch work, prohibition discrimination in working conditions. and employment-necessity of User-Employer for Dispatched Worker. The second part treats types and contents about duty-employment of User-Employer after two years expires. especially, when he employ Dispatched Workers, review that they take working conditions and types-employment from him. The last part is a conclusion about review of duty-employment of User-Employer in the amended PDWA. and, predict that it effects a change about employment-types and working conditions for subcontract-worker.

발행기관:
법학연구소
분류:
법학

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파견근로자의 직접고용에 대한 평가와 해석과제 | 법학논총 2007 | AskLaw | 애스크로 AI