일본의 사내하도급.파견현황 및 제도에 관한 검토

The supply of the labour had been prohibited in Japan before enacting "the Temporary agency work Act 1985(Agency work Act)", since then temporary agency worker(agency worker) have never fully intergrated into the protection of Japanese labour and employment law; Agency work Act have been amended to chase "employment flexibility" down, as ex-gratia Agency work Act changed positive list approach, in which the Act limits a legitimate occupations to use temporary agency worker, into negative lish approach, in which law prohibits some listed occupations from using temporary worker, and after that "the due-brokerage type" agency work had introduced in the Agency work Act. Being like this changes, the number of agency worker have been increasing dramatically over the last few years regardless of the size of enterprise and the type of business. This has caused some grave problems in employment relations like substitution of employment instead of standard workers. The Japanese government restrained the duration of employment for agency work in this conditions so as to limit agency work rates. In spite of this restriction, companies started to use agency worker in the form of illegal contracting-out that is not genuine outsourcing but also a agncy work. This has recently come to the fore as a serious social issue, so government is preparing for the amendment of The Agency Work Act to give rights to direct employment to user company and to prohibit agency work of registration type and manufacturing. We should focused on the content of the act because of the strong protection of agency workers compared with the protections of the act in Korea. Apart from the regulations of legislation for agency workers, Japanese government have utilize guideline and manual, checklist such as "guideline for the steps on employer in the contracting out of manufacturing business related to improvement and rationalization of employment management". This standards are non-statutory materials and contractual documents, but this is a influential one in respect of employment relations. That is why we should take note this norms. Over the past two decades or so, the incidence of atypical employment increased significantly in the majority of developed countries. In the case of Japan, the practice of lifetime employment, characterised by relatively strong jpb stability and good career prospects, is less and less the norm. Instead, workers are increasingly employed socalled non-regular jobs and temporary positions. Self-employment is also on the rise. Instead of "lifetime employment", a word symbol like "working poor" or "divided society" have been represented Japanese society. It is natural that government tighten the regulations of agency work. Some people might say this motion as "re-regulation of employment". In comparision to regulations of agency work in Korea, Japanese abour law's progress in embracing to this part and providing them with the protection they need has been exceptionally slow, and their status remains a site of struggle. In this situation, It is worthy of notice to the volition of regulations of agency work in government level and the attempt to amendment of Agency Work Act to protect them.