가사도우미, 요양보호사, 유통업체 판매직 근로관계의 특성과 노동법의 실효적인 규율 방향

The low quality of employment in the personal, retail and social service sectors revals a issue unnoticed by the labor law scholars and policy makers, That is the issue of the precarious employment or the precariousness of employment. The precariousness of employment does not just mean whether or not employees with a certain job can enjoy any protection from unfair dismissals in employment relations. Rather, it generally descibes the situation that today many employees have faced job insecurity, irregular jobs, low wage, poor working conditions, and jobs excluded from the protection of labor laws and social security laws. In other words, it is about the quality of employment in labor relations. The low quality jobs extensively have been spread in the majority of industry, and all employees can be confronted by it regardless of the type of employment in certain occupations. The situation requires us to consider whether to change the fundamental principle of labor laws or not. For example, whether the minimum wage law only sets up the lowest pay in employment relations, or the law has to assure employees decent wages enough for the good standard of living with dignity in labor society. The current laws of labor can’t effectively regulate the precarious or contingent work in a workplace. It’s not a superficial phenomenon but a fundamental defect in the existing laws. The labor laws have to be changed to set up the good labor standards in the service sectors creating more jobs then any industries today.