미국 교섭단위제도에서 사업장내 파견ㆍ용역근로자의 단체교섭권 연구

The employment relations with three parties have been existed for a long time. But the rules governing the relations have not treated it as triangular relations, but bilateral ones in employment. Labor intermediaries have not been considered as a party of the employment contract. It, however, has turned out that such rules don't effectively regulate temp agency work and contract employment in a workplace. It makes temp agency/contract employees let outside the protection of labor laws in practice. Temp agency/contract employees actually provide their service for a user employer, but the user employer couldn't take any responsibility from employment and labor laws. Temp agency and contractor have been considered as a legal employer in employment and labor laws. But they not only can't determine terms and conditions of employment of temp agency/contract employees, but also can't control and direct the employees in the process of the work in practice. In fact, their fundamental function is just to intermediate the employment relations. The user employer's workplace should be regarded as the scope, which is substantively regulated by labor laws. The user employer should take legal responsibility as legal employer within the scope. The employer's responsibility in labor laws should rest upon but the user employer not the temp agency and contractors.