프랑스의 근로시간제도와 근로자의 휴식･건강권 보호

This paper aims to present the characteristics and implications of the French working time system in terms of protecting workers' right to rest and health. In France, there are criteria for giving rest as a reward for quasi-dependent time between effective work time and free time, such as wearing time of work clothes, professional travel time and work-on-call period. We need to think about the institutional mechanisms that allow rest to make up for the deprivation of liberty caused by quasi-dependent time. In situations where benefits for working hours are provided only as wages, there is a concern that the amount of wage increases in proportion to working hours, while the amount of rest decreases, which in turn adversely affects the health of workers. France has set up its own system so that in certain cases it is not possible to receive wages at the expense of rest. Examples include compensatory breaks for the number of overtime hours exceeding the annual quota, compensatory breaks for exceptions of 11 hours of daily breaks, and compensatory breaks for night work. While France legally recognizes the right to not be contacted outside of working hours, it is flexible to allow labor and management to negotiate and determine the specifics of the right according to the circumstances of the company. This French system is meaningful in that it is a legislative example that we consider. In France, work for more than six days per week is prohibited, and the principle of the weekly rest on Sunday is maintained. And in order to minimize the restraint on workers' right to rest, work beyond six days is allowed only in exceptional cases, such as urgent work or seasonal business. In contrast to France, Korea adopts a paid leave system and allows holiday work without any restriction. The effect of night work on workers' safety, health and life rhythms is significant. In France, night work is permitted on the condition that its implementation is justified and on the basis of ensuring the safety and health protection of night workers. In Korea, in addition to the payment of additional wages, there is no institutional mechanism to protect the safety and health of workers from the damage of night work. The French system have many implications for improving our institutions. France imposes an obligation on employers to ensure that workers' workload is reasonable in order to prevent a situation in which workers who are able to work at their discretion do not get adequate rest due to much work. We need to consider imposing certain obligations on employers, like France, in terms of protecting workers' right to rest and health.