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학술논문노동법논총2015.04 발행KCI 피인용 4

단시간 근로자의 초과근로에 관한 연구

Study on Overtime Work of Part-time Workers

오세웅(강원대학교 비교법학연구소)

33권, 271~303쪽

초록

The part-time worker is worker have shorter working ours than ordinary worker for 1 week. There are regulations to protect the working conditions of part-time workers on the Labor Standards Act and the Act on fixed-term and part-time workers protection. Especially, Protection from the overtime work is very important because shorter working hours is an essential element for part-time workers. The Act requires the consent of the employee if the employer expects to overtime work for part-time workers. And the employer have to pay the sum for overtime wages. This new regulation is established for the decrease of part-time workers overtime. First of all, to be protected as part-time workers the ordinary workers are must be present in the workplace. And Working hours are a little shorter than ordinary workers. That does not matter how the working hours is short. And consent for overtime should be interpreted very strictly. The employer have to explain about the overtime work to part-time workers. Part-time worker should be able to freely choose the overtime work. Overtime wages paid for overtime of part-time workers is 150% of the normal wage. I think it is sufficient to restrict overtime work for part-time workers. Because financial burden is due to make the limiting overtime. Overtime work is divided extended work, and night work, holiday work on the Labor Standards Act. Therefore, if the reason is duplication wages shall be paid by adding redundancy.

Abstract

The part-time worker is worker have shorter working ours than ordinary worker for 1 week. There are regulations to protect the working conditions of part-time workers on the Labor Standards Act and the Act on fixed-term and part-time workers protection. Especially, Protection from the overtime work is very important because shorter working hours is an essential element for part-time workers. The Act requires the consent of the employee if the employer expects to overtime work for part-time workers. And the employer have to pay the sum for overtime wages. This new regulation is established for the decrease of part-time workers overtime. First of all, to be protected as part-time workers the ordinary workers are must be present in the workplace. And Working hours are a little shorter than ordinary workers. That does not matter how the working hours is short. And consent for overtime should be interpreted very strictly. The employer have to explain about the overtime work to part-time workers. Part-time worker should be able to freely choose the overtime work. Overtime wages paid for overtime of part-time workers is 150% of the normal wage. I think it is sufficient to restrict overtime work for part-time workers. Because financial burden is due to make the limiting overtime. Overtime work is divided extended work, and night work, holiday work on the Labor Standards Act. Therefore, if the reason is duplication wages shall be paid by adding redundancy.

발행기관:
한국비교노동법학회
분류:
노동법

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단시간 근로자의 초과근로에 관한 연구 | 노동법논총 2015 | AskLaw | 애스크로 AI