플랫폼노동종사자의 노조법상 법적지위 - 영국과 비교법적 검토를 중심으로 -

The UK stipulates almost the same definition of employees and workers under the Employment Rights Act 1996 and the Trade Union and Labour Relations (Consolidation) Act 1992. In other words, employees and workers are subject to the Trade Union and Labour Relations (Consolidation) Act 1992 so that they can be protected by the three labor rights. Despite this fact, the British Court of Appeals takes the position that workers shall not only have the employment relationship but also have no substitution for work in order to recognize their right to organize trade unions and collective bargaining under the Trade Union and Labour Relations (Consolidation) Act 1992. In addition, the Supreme Court also shows the position that a platform worker can be recognized as a worker under the Employment Rights Acts 1996. The implications that can be derived from this fact seem to be that unlike South Korea, the United Kingdom judges the criteria to judge employees and workers under the Trade Union and Labour Relations (Consolidation) Act 1992 based on the common law test, that is, human subordination, rather than economic dependence. That's because the Supreme Court of the United Kingom recognized the rights under the Trade Union and Labour Relations (Consolidation) Act 1992 after judging Uber drivers as workers under the Employment Rights Act 1996. On the other hand, platform workers except Uber drivers demand the labor union formation and collective bargaining rights under the Trade Union and Labour Relations (Consolidation) Act 1992, but the British Court of Appeals ruled that the delivery riders do not have the right of labor union formation and collective bargaining rights because they do not have the employment relationship and can replace the riders. What can be seen from this fact is that in Korea, platform workers such as delivery drivers tend to allow the establishment of labor unions, but in the United Kingdom, if the platform workers such as Uber drivers are not recognized as workers under the 1996 Employment Rights Act, they do not have any right to organize the labor unions labor. In other words, the workers' labor union formation and collective bargaining rights shall be recognized only when there is a labor relationship between the employer and the worker.