과반수 노조 기업 간 영업 일부 양도 시 단체협약 적용에 관한 고찰

In the course of the full transfer of operations, there has been much discussion about whether a collective agreement is carried forward from a transfer entity to a transferee or the relationship between the application of the working conditions under the collective agreement. However, there have been few discussions about the application of collective agreements in the event of partial transfer of operations, and furthermore, the relationship between the application of collective agreements in some two cities of operations between the majority of union enterprises, although there are various considerations in each case considering the effectiveness and application of collective agreements. In the case of some transfers of operations, it is difficult to recognize the natural succession of the collective agreement, given that there still exists a collective agreement with the trade union after the transfer. However, the failure to succeed to a collective agreement does not necessarily preclude the recognition of the working conditions that were applied to it. This is because, when a collective agreement expires, the normative effect of it still remains the content of the labor contract. In the event of partial transfer of operations between companies with majority unions, where there is a mix of union members and non-union members among the workers inherited through partial transfer of operations, the application relationship of the collective agreement will be in accordance with applicable and expansion of collective agreement validity after the conclusion of the collective agreement. That is, the working conditions set out in the collective agreement can be protected without the succession of the collective agreement. In the event that a majority of labor unions enter into collective agreements with transferee companies, the application of collective agreements or collective agreements is unlikely to be recognized unless the inherited workers newly join the transferee's unions as to whether they will be able to apply collective agreements or expansion of collective agreement validity to the succeeding workers. This is because there is a limit to interpreting the relationship between the application of working conditions formed under existing collective agreements as changing without the workers' express intention to change. If workers who succeed to a transferee want to realize their own three labor rights, such as establishing a separate labor union, it would be a way to guarantee the labor rights of the transferee company by respecting them and interpreting them as not applying the collective agreement of the transferee.