인문학
사회과학
자연과학
공학
의약학
농수해양학
예술체육학
복합학
DBpia AI
AI 에이전트
AI 아이디어
AI 리더
AI 뷰어
Citeasy
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개인구독
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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
In the case of judging the concept of dispatch of workers where illegal dispatch is problematic, it should start from the point of view of judging the concept of dispatch of workers based on the over all relevant laws, including the Act on the protection, etc. of temporary agency workers. The principle of restricting indirect employment can be confirmed in many current laws such as Employmet Security Act, Labor Standards Act or the Act on the protection, etc. of temporary agency workers.
Since the Supreme Court’s decisions about criteria for dispatching and contracting in February 26,2015, the courts are on the principle of substantive judgment, which is reasonable. In cases where the relationship between the contractor and several subcontractors is problematic, even if there is no formal contractual relationship between the contractor and the specific subcontractor, the principle of substantive judgment must be applied.
The courts does not classify essential and incidental standards in judging the concept of dispatching workers. The essential criteria should be to judge whether the conduct of the direction, such as exercising against the employee directly hired by the employer, exists between the contractor and the subcontract workers. Therefore, the supervision and direction of the contractor in the course of the work of the subcontract workers and the integration of the subcontract workers into the organization of the contractor should be reviewed as the essential standards. If supervision and direction of the contractor is recognized, integration of the subcontract workers into the organization of the contractor must also be recognized. The concept of dispatch a worker should not be denied because of ancillary criteria.
Since the Supreme Court’s decisions about criteria for dispatching and contracting in February 26,2015, the courts are on the principle of substantive judgment, which is reasonable. In cases where the relationship between the contractor and several subcontractors is problematic, even if there is no formal contractual relationship between the contractor and the specific subcontractor, the principle of substantive judgment must be applied.
The courts does not classify essential and incidental standards in judging the concept of dispatching workers. The essential criteria should be to judge whether the conduct of the direction, such as exercising against the employee directly hired by the employer, exists between the contractor and the subcontract workers. Therefore, the supervision and direction of the contractor in the course of the work of the subcontract workers and the integration of the subcontract workers into the organization of the contractor should be reviewed as the essential standards. If supervision and direction of the contractor is recognized, integration of the subcontract workers into the organization of the contractor must also be recognized. The concept of dispatch a worker should not be denied because of ancillary criteria.
본문·목차
인공지능 문자 인식 모델을 통해 추출된 텍스트로, 일부 오타나 오류가 포함될 수 있으나 지속적으로 개선 중입니다.
오류를 발견하셨다면 해당 부분을 드래그한 후 ' 를 통해 신고해주세요.
오류를 발견하셨다면 해당 부분을 드래그한 후 ' 를 통해 신고해주세요.
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