인문학
사회과학
자연과학
공학
의약학
농수해양학
예술체육학
복합학
DBpia AI
AI 에이전트
AI 아이디어
AI 리더
AI 뷰어
Citeasy
크롬 서지관리 다운로드
개인구독
소속 기관이 없으신 경우, 개인 정기구독을 하시면 저렴하게
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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
This article reviewed various labor law issues related to fixed-term employees hired by outsourcing companies such as service providers.
First, the relationship between the consignment contract period etc. and fixed-term employment contracts was examined, focusing on probationary period and exceptions(when the period required for project completion, the elderly) to restrictions on the fixed-term employment period.
Second, this article reviewed the cancellation and termination of the consignment contract etc. and the termination of the employment relationship, focusing on two Supreme Court precedents(Supreme Court Decision 2007da62840, decided February 12, 2009 and Supreme Court Decision 2017da22315, decided October 31, 2017). In addition, the validity of each type of agreement to terminate the employment relationship was examined.
Finally, when switching to outsourcing or changing an outsourcing companies, this article examined the legal principles of succession of employment relations, focusing on two Supreme Court precedents(Supreme Court Decision 2016Doo57045, decided April 29, 2021 and Supreme Court Decision 2020Doo45308, decided June 3, 2021).
The above legal issues are eventually related to the termination of the employment contract of service workers. Service workers have the problems of indirect employment(whether the employer of the original company is an employer under the labor law, job insecurity) and problems of fixed-term work. It is hoped that it will be a variety of measures to promote employment stability for service workers.
First, the relationship between the consignment contract period etc. and fixed-term employment contracts was examined, focusing on probationary period and exceptions(when the period required for project completion, the elderly) to restrictions on the fixed-term employment period.
Second, this article reviewed the cancellation and termination of the consignment contract etc. and the termination of the employment relationship, focusing on two Supreme Court precedents(Supreme Court Decision 2007da62840, decided February 12, 2009 and Supreme Court Decision 2017da22315, decided October 31, 2017). In addition, the validity of each type of agreement to terminate the employment relationship was examined.
Finally, when switching to outsourcing or changing an outsourcing companies, this article examined the legal principles of succession of employment relations, focusing on two Supreme Court precedents(Supreme Court Decision 2016Doo57045, decided April 29, 2021 and Supreme Court Decision 2020Doo45308, decided June 3, 2021).
The above legal issues are eventually related to the termination of the employment contract of service workers. Service workers have the problems of indirect employment(whether the employer of the original company is an employer under the labor law, job insecurity) and problems of fixed-term work. It is hoped that it will be a variety of measures to promote employment stability for service workers.
#위탁·용역·도급계약 등 아웃소싱계약
#기간제근로자
#시용기간
#사업의 완료에 필요한 기간
#고령자
#근로관계 자동종료약정
#고용승계기대권
#Consignment Contract etc. Outsourcing Contract
#Fixed-term Employee
#Probationary Period
#Period Required to Complete a Project
#Elderly
#Employment Relations Automatic Termination Agreement
#Right to Expect Employment Succession
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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UCI(KEPA) : I410-ECN-0101-2023-360-000418074
