취업규칙 불이익 변경 제도 개선을 위한 제언

While an introduction of the wage peak system linked to extend the retirement age and a reform of the wage system to introduce the annual salary system by performance arise, unfavorable amending of the rules of employment issue is becoming the cause of major conflict between labor and management. As that conflict is likely to continue due to a trend of stagnant corporate growth, a preparation of a rational system to resolve it is needed. An unfavorable amending of the rules of employment should be properly regulated by collective consent procedures of the Labor Standards Act to protect working conditions of the worker. And in that process the interests of the minority group or non union workers is sufficiently taken into consideration. In addition, employer’s need for adjustment of employment conditions to respond flexibly to labor market environment change. For this the legal theory of reasonableness of social convention as a factor of exemption from collective consent should be considered. So I suggest legislative proposal to operate reasonably the rules of employment through coordination of the interests between labor and management with regard to unfavorable changes : ⅰ) imposing a duty to fair represent on majority unions when they consent, ⅱ) granting the right of consent to the representative of workers, ⅲ) integrating hearing process and consenting process, ⅳ) stipulating in law a criteria for reasonableness of social convention, ⅴ) resolving the dispute between labor and management on unfavorable amending of the rules of employment by using the Labor Relations Commission system.