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
The legal principle of a general succession following the principle succession theory is right when it comes to the employment succession in Business transfer. These days, this legal principle of a general succession is fully established by theories and cases. In the case of all transfer of the business, it gives the same legal effects as merger. On the other hand, In the case of some transfer of the business, it is necessary for employees to allow the refusal right to the succession.
It is allowed to the employees" refusal right to the succession only in order to retire in transferring company. Because the employees" refusal right to the succession is not allowed in case to work continuatively in transferring company. It is able to receive a discharge allowance or retirement in transferring company and then for entering the company by retirement in transferring company.
Then again, it is the matter to which range the object of valuation is allowed when transferring company including employees that refuse the succession to select employees dismissed by operational reasons. In my opinion, in case transferring company have to select employees dismissed by operational reasons, we should select that persons in employees dismissed by operational reasons.
It is allowed to the employees" refusal right to the succession only in order to retire in transferring company. Because the employees" refusal right to the succession is not allowed in case to work continuatively in transferring company. It is able to receive a discharge allowance or retirement in transferring company and then for entering the company by retirement in transferring company.
Then again, it is the matter to which range the object of valuation is allowed when transferring company including employees that refuse the succession to select employees dismissed by operational reasons. In my opinion, in case transferring company have to select employees dismissed by operational reasons, we should select that persons in employees dismissed by operational reasons.
#영업양도
#고용승계
#원칙승계설
#포괄승계법리
#승계거부권
#정리해고
#Business transfer
#Employment succession
#the principle succession theory
#The legal principle of a general succession
#The employees" refusal right to the succession
#Dismissal by operational reasons
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목차
- Ⅰ. 문제의 제기
- Ⅱ. 영업양도시 고용승계에 관한 일반론
- Ⅲ. 영업양도계약에 대한 근로자의 참여 가능성
- Ⅳ. 근로자의 승계거부권
- Ⅴ. 승계거부자에 대한 경영상 해고 가능성
- Ⅵ. 결론
- 참고문헌
- Abstract
참고문헌
참고문헌 신청최근 본 자료
UCI(KEPA) : I410-ECN-0101-2017-336-002381293
