중소기업 내 근로조건 결정 절차 개선 제안 - 절차적 공정성 제고 방식의 기업 규모별 격차 완화 정책으로 -

It is only natural that the principle of equal labor-management decision on working conditions should be guaranteed in small and medium-sized enterprises according to Article 10 and Article 32, Paragraph 3 of the Constitution. However, in reality, the phenomenon of agreement autonomy under the Labor Union Act is not being implemented in small and medium-sized enterprises, and improvement is not easy. Therefore, this study examines the necessity of reestablishing a structure in which workers’ opinions are collected and reflected in the process of determining working conditions in small and medium-sized enterprises from various perspectives. Since improving the procedure for determining working conditions can contribute to protecting the rights and interests of small and medium-sized enterprise workers, improving working conditions, alleviating the labor shortage in small and medium-sized enterprises, and reducing the gap by company size, it is necessary to approach the government’s policy of strengthening procedural fairness. Since the legal system and validity of the system must be prerequisites, the details of the system are also discussed. To this end, first, the necessity of reviewing the issue of the procedure for determining working conditions in small and medium-sized enterprises as a policy for securing procedural fairness to reduce the gap by company size is examined. Next, from the perspective of realizing the principle of equal decision-making between labor and management, we will examine the mechanism for determining working conditions for small and medium-sized enterprises (employment rules system and employee representative system) under the current Labor Standards Act and review the areas that need improvement.