복수노조시대의 노사협의회 운영 개선방안

Under the single trade union system, the establishment unit of Works council was the same as the trade union. And trade union was in charge of operating and composing Works council. However, since multiple union system was introduced on Jul. 1st, many problems were expected to occur surrounding the establishment unit of Works council, appointment of workers representative of the council and operation of the council. A Works council is the most common channel for employees to participate in company management matter. Thus the representativeness of workers should be fully reflected in its composition and operation. However, the current labor law regulates that workers representative of the council to be appointed from the trade union with majority of members. This may trigger conflicts with newly established trade unions on the appointment of workers representative in companies with multiple unions system. Also, a considerable number of collective agreements have separate chapter regarding Works council which includes clauses on appointment of representatives and items to be discussed on that year. In this context, it is necessary to examine validity of collective agreement having regulations on Works council despite Works council and collective agreements have different purposes, legal basis, and structures. And the relevance of Works council regulated under collective agreement and the Act on the Promotion of Worker Participation and Cooperation should also be examined. The purpose of this paper is to review the establishment and composition of Works council under the union pluralism, review the validity of collective agreement having regulation on Works council and suggest ways to improve the management of Works council.