간접고용과 노동쟁의 조정의 쟁점

Labor dispute adjustment needs to be more active. The same goes for the adjustment of labor disputes in indirect employment relations. To do so, it is necessary to review issues related to the adjustment of labor disputes in indirect employment(limited to subcontract relations). Meanwhile, in June 2020, NLRC made a decision to recognize the expansion of the concept of employers in collective bargaining and adjustment of labor disputes. There are three issues. The first issue is whether an employer with an expanded concept of control over the labor process and the determination of the working conditions of indirectly employed workers can become employers in the adjustment of labor disputes(expanding the concept of employers). In addition, the significance of the NLRC decision in June 2020 is reviewed(II). The second issue is whether the labor union of indirectly employed workers can participate in the procedure for the single bargaining channel of the bargaining unit of the expanded employer's workplace(III). The third issue is whether the objects to be adjusted in the adjustment of labor disputes are should be limited to objects related to decisions such as wages, and what are the objects to be adjusted in indirect employment(IV). In collective bargaining and adjustment of labor disputes, employers do not mean only employers in direct employment relationships (expanding the concept of employers). In addition, it should be understood that the procedure for the single bargaining channel is applied only to the bargaining unit at the workplace of the employer in direct employment relationship. Therefore, the labor union of indirectly employed workers can collectively bargain with the expanded concept of the employer without going through the process of the single bargaining channel. Meanwhile, objects to be adjusted in the adjustment of labor disputes must be the same as those to be dealt with in collective bargaining or to be resolved through industrial action. Furthermore, it is necessary to improve the legislation and system reflecting the above understanding.