관리직 근로자의 노동법적 규제

Executive staff hold there unique positions in the fields of employment/labor law. They are different from typical employees, in that they have more powers of work directions and orders to the other employees. At the same time, they usually work in the central part of enterprises which means they are likely to be essential part of the enterprises, and are basically more favorable to employer with stronger bargaining powers. However, recent changes of labor market suggests need to reconsider regulation systems about this group of employees. They came to request protections of labor/employment law. But still there are many hurdles which say that including executive staff into other employees and treating them as one group is not a appropriate solution. In Germany, executive staff(Leitende Angestellte) experienced many historical changes, sometimes exmpted from protection of employment law (such as unfair dismissal or long working time), gradually gained more protection as ecoonomical climate got chilly. Recently they have their own organization(Sprecherausschuss), and are communicating with employer through this body, representing their own intersets. In States, contrary to the independent system of German executive staff, each legislation has its own aim, and consequently sets its own range of exemption. Supervisors and managers in NLRA originates from the concept of two masters, strictly prohibits unions from dealing with employers. White collar exemption system in FLSA deals mainly with relations between remuneration and working hours, and the employees concerned here do not need protections of FLSA, because of their discretion and appropriate reward. There can be some inspirations that Japanese labor /employment system can get from these foreign systems. First, we can consider many reasons of different regulations about executive staff. Lower need of protection can be a reason, but there can be more reasons, like need to differentiate this group from typical employees, or need to identify executive staff as a group through the whole fields of labor/employment law. Various reasons can be considered and made real for modernization and rebuilding regulating systems. Second, we can choose various ways of regulating executive staff from the point view of employment law, not only the set of exemption and strict requirements, but also wider range of targeting group and a certain way of representing their own interest, including independent organization consists of executive staff.