취업규칙 관련 법리의 문제점과 대안 ― 근로자위원회의 사업장협정 도입 모색 ―

It violates the principle of Working Condition Equality Determination(WCED principle) in that the employer creates and changes employment rules unilaterally. Even for the Labor Standard Act and the case laws requiring collective consent of employees under the doctrine of disadvantage change of the employment rules, it is insufficient in light of the WCED principle. Therefore we have to seek ways to improve the employment rule system that can be faithful to that principle. In this article I will try to conceive of a workplace agreement system by employee representatives. Specifically, I will suggest a employee committee as an employee representative. It is a meeting body by labor committee members of the labor-management council of the current Act on Promotion of Worker Participation and Cooperation(PWPC Act), and it is set up within the labor-management council. At the time of [Step 1], we set up permission provisions on the PWPC Act, so that it can be installed arbitrarily, and at the time of [Step 2], mandatory provisions that it shall be installed forcibly and preferentially at large-scale workplace. The employee committee has the authority to enter into workplace agreements with the employer. In order to replace employment rules with workplace agreements, it is also possible for laws to discipline that the employer should agree to the contents of employment rules with the employee committee. If the employee committee has the authority to collectively regulate the working conditions of the workplace through agreement with the employer, the representation as an employee representative should be enhanced. I will suggest specific measures to improve the system, 1) representative improvement in the election, 2) improvement of democratic representation by activities, 3) improvement of responsible representative for business performance.