기간제근로자 사용사유 제한 입법의 주요 쟁점과 체계

The problems concerning the use of fixed-term employment contracts has been raised as a keen issue. For these reasons, there are continued calls for the legislation limiting the case of an use of fixed-term employment contracts. This article studies the regimes of the legal regulations limiting the grounds for concluding a fixed-term employment contracts. This article show that the legal regulations should be drafted to include the following intentions. It must establish the principle that contracts of an indefinite duration are the general form of employment relationship between employers and workers. A fixed-term employment contracts cannot be used for a position that relates to the company‘s normal and permanent business activities. A fixed-term employment contracts can only be concluded for the following reasons. (ⅰ) Replacement of a temporarily absent employee (ⅱ) Temporary need of additional work capacity (ⅲ) Seasonal work (ⅳ) In certain business sectors where it is common practice not to conclude permanent employment contracts givens the type of the work performed or the temporary nature of the jobs. The ground for concluding a fixed-term employment contract must be set out at the time the fixed-term contract is executed, and they must be clearly ststed in writing in the contract. otherwise, the fixed-term contract is deemed to be an indefinite-term contract.