근로기준법의 허용규정과 단체교섭대상

Labor Standards Act accepted the Employee Representation System and Dismissal for managerial reasons for adapting the change of times. These provisions are not harmonized with the general nature of Labor Standards Act. So I want to define them conditional permissive provision for distinguishing them from the general provisions of Labor Standards Act. The conditional permissive provisions gives employer the authority of changing the minimum standard of labor conditions. The effect of conditional permissive articles were studied in relation to the object of collective negotiation. The collective agreement should not violate the compulsory provisions. If it violates them, it is considered null and void. avoiding this, they are to be excluded from the object of collective negotiation. But on the dismissal for managerial reasons, though the dismissal for managerial reasons itself is not labor conditions, the standard on dismissal is included in the labor conditions. Therefore the standards of the dismissal for managerial reasons is included in the object of collective negotiation. For resolving discordancy nature of labor conditions, labor contract act need be enacted like labor contract act in Japan.