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학술논문노동법학2012.03 발행KCI 피인용 3

비정규직 근로자: 반차별권과 사회보험에 의한 보호

Contingent Workers: Antidiscrimination Rights and Social Insurance Protection

강현주(단국대학교)

41호, 1~25쪽

초록

Most contingent workers are faced with discriminatory employment practices, such as low wages and low or no benefits. Furthermore, contingent workers are receiving insufficient or discriminatory social security protection. Contingent work fulfil different positive functions. Part-time work, for example, allows persons with care obligations to achieve a better work-life balance and prevents them from losing contact to the labor market. The possibility of use comparatively cheaper temporary contacts can provoke firms to create additional jobs. But in order to make positive outcomes possible the elevated risk and disadvantages inherent in these employment forms should be absorbed by sufficient and encompassing protection and non-discrimination regulation. Especially inadequate protection in the event of a job loss hampers employees' incentives to risk taking and further discriminates those who do not have another choice but to accept contingent work contracts. Antidiscrimination rights of contingent workers should be expanded to social security protection. This article is from Europe and the United States, which starts in the extracts. And then, this study discusses how our current law should be improved. This discussion also includes issue about part-time workers, temporary workers, subcontracting workers, and independent contractors.

Abstract

Most contingent workers are faced with discriminatory employment practices, such as low wages and low or no benefits. Furthermore, contingent workers are receiving insufficient or discriminatory social security protection. Contingent work fulfil different positive functions. Part-time work, for example, allows persons with care obligations to achieve a better work-life balance and prevents them from losing contact to the labor market. The possibility of use comparatively cheaper temporary contacts can provoke firms to create additional jobs. But in order to make positive outcomes possible the elevated risk and disadvantages inherent in these employment forms should be absorbed by sufficient and encompassing protection and non-discrimination regulation. Especially inadequate protection in the event of a job loss hampers employees' incentives to risk taking and further discriminates those who do not have another choice but to accept contingent work contracts. Antidiscrimination rights of contingent workers should be expanded to social security protection. This article is from Europe and the United States, which starts in the extracts. And then, this study discusses how our current law should be improved. This discussion also includes issue about part-time workers, temporary workers, subcontracting workers, and independent contractors.

발행기관:
한국노동법학회
분류:
노동법

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비정규직 근로자: 반차별권과 사회보험에 의한 보호 | 노동법학 2012 | AskLaw | 애스크로 AI