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논문 기본 정보
- 자료유형
- 학술저널
- 저자정보
- 저널정보
- 노동법이론실무학회 노동법포럼 노동법포럼 제42호
- 발행연도
- 2024.7
- 수록면
- 181 - 218 (38page)
- DOI
- 10.46329/LLF.2024.07.42.181
이용수
초록· 키워드
오류제보하기
Labor in a hyperconnected society requires constant and advanced dependency. Unlike the traditional working environment, where the distinction between working hours and living hours, and between working and living places is clear, the boundaries are becoming ambiguous. Since the labor law is a law that regulates subordinate labor, it is necessary to regulate the time that subordination affects and clarify the boundaries and relationships with living hours.
When a employee has time sovereignty, it means that he or she is the master of all the hours of life, including working hours. Time sovereignty is a constitutional right derived from the constitutional right to self-determination, the right to work and the legalism of working conditions. The working hours legislation should support labor that guarantees human dignity and human labor.
The problem of hyperconnected society dependent labor arises from subordination that extends beyond the scope of the contract, retrogressing the history of labor law that developed "from status to contract". Labor laws emerged and developed to regulate the sole decision of employers and to guarantee the principle of equalizing working conditions. Working hours are a key working condition because it is the time of human life itself. In order to ensure human dignity, it is inevitable that employers and employees determine working hours in an equal position within the working hours legislation. In labor protection laws such as the Labor Standards Act, a large framework must be determined by compulsorily guaranteeing living hours, and working hours must be determined autonomously through individual and collective decisions within that framework. In working relations, time sovereignty refers to the guarantee of living hours realized through the principle of determining equal working conditions.
In order to guarantee employees" time sovereignty and living hours in dependent labor in a hyperconnected society, first, it is necessary to introduce a daily rest system that guarantees 11 hours of continuous rest time for working days as a universal right of employees. This is because it is the minimum device to protect employees" right to health and rest. Second, it is proposed to introduce a daily call waiting time system. Under the premise that it is natural for employees to be guaranteed freedom outside of working hours promised by employees and employers, the boundary between dependent labor and living hours is clarified and living hours are guaranteed by actively regulating the time when the boundary between dependent labor and living hours is ambiguous. Third, in order to block the constant connection of a hyperconnected society, the right to block connection should be granted to employees as a specific right. Finally, it is necessary to establish a new obligation to record and preserve working hours in order to ensure that the working hours and rest laws are observed and to guarantee employees" living hours.
Humans are the masters of the time of their lives. Having time sovereignty as a employee means that despite working relationships with dependency as an essential attribute, it can exist as a person equal to the employer. Labor law should allow employees to be protected from subordination and further claim their freedom. It is necessary to capture essential dependency in the characteristics of labor changed by the advent of a hyperconnected society and create labor that guarantees human dignity.
When a employee has time sovereignty, it means that he or she is the master of all the hours of life, including working hours. Time sovereignty is a constitutional right derived from the constitutional right to self-determination, the right to work and the legalism of working conditions. The working hours legislation should support labor that guarantees human dignity and human labor.
The problem of hyperconnected society dependent labor arises from subordination that extends beyond the scope of the contract, retrogressing the history of labor law that developed "from status to contract". Labor laws emerged and developed to regulate the sole decision of employers and to guarantee the principle of equalizing working conditions. Working hours are a key working condition because it is the time of human life itself. In order to ensure human dignity, it is inevitable that employers and employees determine working hours in an equal position within the working hours legislation. In labor protection laws such as the Labor Standards Act, a large framework must be determined by compulsorily guaranteeing living hours, and working hours must be determined autonomously through individual and collective decisions within that framework. In working relations, time sovereignty refers to the guarantee of living hours realized through the principle of determining equal working conditions.
In order to guarantee employees" time sovereignty and living hours in dependent labor in a hyperconnected society, first, it is necessary to introduce a daily rest system that guarantees 11 hours of continuous rest time for working days as a universal right of employees. This is because it is the minimum device to protect employees" right to health and rest. Second, it is proposed to introduce a daily call waiting time system. Under the premise that it is natural for employees to be guaranteed freedom outside of working hours promised by employees and employers, the boundary between dependent labor and living hours is clarified and living hours are guaranteed by actively regulating the time when the boundary between dependent labor and living hours is ambiguous. Third, in order to block the constant connection of a hyperconnected society, the right to block connection should be granted to employees as a specific right. Finally, it is necessary to establish a new obligation to record and preserve working hours in order to ensure that the working hours and rest laws are observed and to guarantee employees" living hours.
Humans are the masters of the time of their lives. Having time sovereignty as a employee means that despite working relationships with dependency as an essential attribute, it can exist as a person equal to the employer. Labor law should allow employees to be protected from subordination and further claim their freedom. It is necessary to capture essential dependency in the characteristics of labor changed by the advent of a hyperconnected society and create labor that guarantees human dignity.
목차
Ⅰ. 서론
Ⅱ. 초연결사회의 종속노동시간 확장
Ⅲ. 생활시간 보장을 위한 시간주권 확립
Ⅳ. 시간주권 및 생활시간 보장을 위한 근로기준법 개정
Ⅴ. 결론
참고문헌
Abstract
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