인문학
사회과학
자연과학
공학
의약학
농수해양학
예술체육학
복합학
DBpia AI
AI 에이전트
AI 아이디어
AI 리더
AI 뷰어
Citeasy
크롬 서지관리 다운로드
지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
This paper researched dismissal of a migrant worker who came to this country under Employment Permit System, especially when the employer reported employment alteration to the head of an employment security office.
According to Article 17 of the ‘Act on the Employment, etc. of migrant workers’, “every employer shall, if any event prescribed by Presidential Decree occurs, such as when he/she terminates an employment contract concluded with a migrant worker or otherwise alters any important matter relevant to the employment, etc. report to the head of an employment security office, as prescribed by Ordinance of the Ministry of Employment and Labor”. On the basis of this Article 17, Presidential Decree prescribe that the employer can report the employment alteration when a migrant worker dies, or absents himself from work for not less than 5 days without due notice, or loses contact with his/her employer, etc.
In practices the report of employment alteration has been accepted as an expression of dismissal will, which is the typical form of the expiry of the employment contract. A migrant worker can be deported to their native country, when he fails to apply for a transfer to another business or place of business within one month after the expiry of the employment contract with the employer, by the Article 25(3) of ‘Act on the Employment, etc. of migrant workers’.
But there is a legal dilemma, because report of employment alteration is only the performance of obligation in public law, not the expression of dismissal will.
This paper has suggested several ways of improvement to this report system of employment alteration, because labor law shall be applied to all workers without distinction of any kind such as sex, race, ethnic or social origin, nationality or other status.
According to Article 17 of the ‘Act on the Employment, etc. of migrant workers’, “every employer shall, if any event prescribed by Presidential Decree occurs, such as when he/she terminates an employment contract concluded with a migrant worker or otherwise alters any important matter relevant to the employment, etc. report to the head of an employment security office, as prescribed by Ordinance of the Ministry of Employment and Labor”. On the basis of this Article 17, Presidential Decree prescribe that the employer can report the employment alteration when a migrant worker dies, or absents himself from work for not less than 5 days without due notice, or loses contact with his/her employer, etc.
In practices the report of employment alteration has been accepted as an expression of dismissal will, which is the typical form of the expiry of the employment contract. A migrant worker can be deported to their native country, when he fails to apply for a transfer to another business or place of business within one month after the expiry of the employment contract with the employer, by the Article 25(3) of ‘Act on the Employment, etc. of migrant workers’.
But there is a legal dilemma, because report of employment alteration is only the performance of obligation in public law, not the expression of dismissal will.
This paper has suggested several ways of improvement to this report system of employment alteration, because labor law shall be applied to all workers without distinction of any kind such as sex, race, ethnic or social origin, nationality or other status.
#외국인근로자
#고용허가제
#고용변동신고
#해고
#무단결근
#‘외국인근로자의 고용등에 관한 법률’
#migrant workers
#EPS(Employment Permit System)
#report of employment alteration
#dismissal
#absence without due notice
#‘Act on the Employment
#etc. of migrant workers’
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목차
- Ⅰ. 문제의 제기
- Ⅱ. 고용변동신고의 의의와 요건
- Ⅲ. 이탈의 고용변동신고의 해석실무
- Ⅳ. 이탈의 고용변동신고의 해석상 문제점
- Ⅴ. 이탈의 고용변동신고의 대안 모색
- Ⅵ. 고용변동신고와 해고구제의 이익
- Ⅶ. 결론
- 참고문헌
- 〈Abstract〉
참고문헌
참고문헌 신청최근 본 자료
UCI(KEPA) : I410-ECN-0101-2016-336-001982325
