비정규직 차별시정례에 대한 검토(Ⅳ)

This paper is an extension of the researches on the cases of labor relations commissions correcting discriminations, published in vol. 27(2008), vol. 32(2009), vol. 34(2010) of Journal of Labour Law. They are selections of the cases of the CLRC from September 1, 2010 to June 30, 2011. First of all, concerning the problems of competency as parties of application for redress of discriminatory treatment, this study raises questions about ① the competency as applicants for redress of discriminatory treatment of subcontractor's workers who are refused of the competency as parties of application for redress of discriminatory treatment, and ② the validity of application which has been filed more than three months after when the discriminatory treatment occurred due to the application for the redress of unfair dismissal. Second, concerning the problems of selecting workers to be compared with, this study examines ① the standard limit of the same or similar jobs through cases that provides the proportion of the difference between fixed-term or part-time workers and non fixed-term or full-time workers, and ② if there are multiple workers to be compared with fixed-term or part-time workers, who the selected workers to be compared with will be. Thirdly, this study pursues the meaning of “wages and other working conditions etc.” concerning the problems of eligibility of the subject of the filed subject. Lastly, concerning the problems of determination of reasonable discrimination, this study examines whether the differences in working condition by collective agreement are reasonable grounds for discrimination.