단시간근로자 보호 방안에 관한 소고

Abstract

The purpose of this article is to review the provisions of the Part-Time Workers Labor Standards Act and the Part-Time and Part-Time Workers Protection Act (hereinafter referred to as the Part-Time Act) and to improve measures to protect part-time workers. In Korea, where the job market was formed around regular workers, part-time work was mostly temporary employment types such as part-time and temporary workers, and legal and social issues related to part-time workers were not the subject of major discussion in labor-related laws. However, there is a policy movement to change the employment rate through part-time work along with part-time workers, which have increased rapidly since the recent Corona crisis. Unlike in the past, these changes can be seen as part-time work has settled into a general and regular employment form. Despite these changes, legal regulations related to part-time workers still contain many problems. part-time workers themselves have various problems, but most of all, the most problematic is related to “short-time workers,” who are mostly socially vulnerable, and under the current laws, short-time workers are excluded from the retirement benefit system and paid weekly holidays. In addition, the Social Insurance Act is excluded from the application of national pension, health insurance, and employment insurance, and on the basis of these laws, the eligibility of parties to correct discrimination is denied. The exclusion of legal protection for short-time workers is a factor that makes the status of short-time workers in the vulnerable class poor. Focusing on the above problems, this article examines the criteria for comparable workers for part-time workers and then examines the regulations of part-time workers under the ILO and foreign laws. In addition, after reviewing the working conditions of part-time workers, legislative improvement measures are proposed so that short-time workers can be substantially protected based on the rules for exclusion of ultra-short-time workers.