독일 파견노동의 탈규제화와 노사관계의 영향

This article examines changes in management and union strategies in the context of deregulation of temporary agency work in Germany and analyses the ways in which the characteristics of industrial relations at the enterprise level influenced on the internal labor market. Unions refused to participate in collective bargaining for conferring legitimacy of temporary agency work before the mid-1990s because they emphasized the negative effects of fee-charging employment agencies. However, the late 1990s when the emergence of red-green coalition led to deregulation of temporary agency work and employers began to use temporary agency workers in order to get a higher level of flexibility and profitability have witnessed the changes in union strategies. Unions have abandoned the abolition policy of temporary agency work and then adopted a new strategy for regulating temporary agency work through collective bargaining that aimed to prohibit discrimination against workers and to secure equal treatment. The DGB and its affiliated unions have been negotiating with agency suppliers' associations at the national level, there has been also collective bargaining between each union and either the agency suppliers' associations or individual suppliers at the industrial and enterprise level. The effects of collective bargaining on temporary agency work markedly differed depending on characteristics of industrial relations of each company using such workers. In the Volkswagen where unions are capable of consulting on the regulation of agency work and of participating in management through works council, agency workers have the benefit of equal pay for equal work and have the opportunity to turn regular workers under certain conditions. In contrast, declining union power and employer's evasive tactics on works council in the Heinz-Müller GmbH contribute to widening inequality between workers and even strengthening the discipline of regular workers. Unions in Germany made efforts to minimize negative effects resulted from deregulation policy of the government by actively participating in collective bargaining but the consequence of such strategy for internal labor market varied according to characteristics of industrial relations at the enterprise level.