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학술논문노동법포럼2012.04 발행KCI 피인용 2

파견근로유럽연합지침의 제정과 그 영향

"The Legislation and the effect of the Temporary Agency Workers Directive"

김기선(한국노동연구원); 김근주(한양대학교)

8호, 76~123쪽

초록

The aim of this article is to introduce the Temporary Agency Workers Directive(2008/104/EC) and to analysis the effects in the member states, Germany,Netherlands, United Kingdom. The Directive try to seek to guarantee those working through employment agencies equal pay and conditions with employees in the same business who do the same work. The main provisions of the Directive are ① Review of restrictions or prohibitions ② The principle of equal treatment ③ Access to employment, facilities and vocational training ④ Representation of temporary agency workers ⑤ Information of worker's representatives. The main purpose of this Directive is to establish Flexicurity. The Directive influenced a temporary agency workers's legislation of member states. One of the leading group, Germany had strict point of view relating to use temporary agency work, though the Amendment of Temporary Agency Work Act in 2002pursued Flexicurity. Recent revision of the act try to make up for fault the flexicurity. Traditionally, temporary agency work in United Kingdom is not the regulation subject. But for the reason of the Directive enforcement, the Agency Worker Regulations 2010covered equal treatment enacted. According to collective agreement exception, the regulation of agency work in Holland have wide exception for the principle of equal treatment. The meaning of this legislative perspective seems to place more value flexibility than security. The enforcement of the Directive did not seem to make complete flexicurity, though the contents and the aim of the Directive, the quest of flexicurity give many implication to the Agency Worker's Protection Act in Korea. Key

Abstract

The aim of this article is to introduce the Temporary Agency Workers Directive(2008/104/EC) and to analysis the effects in the member states, Germany,Netherlands, United Kingdom. The Directive try to seek to guarantee those working through employment agencies equal pay and conditions with employees in the same business who do the same work. The main provisions of the Directive are ① Review of restrictions or prohibitions ② The principle of equal treatment ③ Access to employment, facilities and vocational training ④ Representation of temporary agency workers ⑤ Information of worker's representatives. The main purpose of this Directive is to establish Flexicurity. The Directive influenced a temporary agency workers's legislation of member states. One of the leading group, Germany had strict point of view relating to use temporary agency work, though the Amendment of Temporary Agency Work Act in 2002pursued Flexicurity. Recent revision of the act try to make up for fault the flexicurity. Traditionally, temporary agency work in United Kingdom is not the regulation subject. But for the reason of the Directive enforcement, the Agency Worker Regulations 2010covered equal treatment enacted. According to collective agreement exception, the regulation of agency work in Holland have wide exception for the principle of equal treatment. The meaning of this legislative perspective seems to place more value flexibility than security. The enforcement of the Directive did not seem to make complete flexicurity, though the contents and the aim of the Directive, the quest of flexicurity give many implication to the Agency Worker's Protection Act in Korea. Key

발행기관:
노동법이론실무학회
DOI:
http://dx.doi.org/
분류:
법학

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파견근로유럽연합지침의 제정과 그 영향 | 노동법포럼 2012 | AskLaw | 애스크로 AI