휴일근로를 주간 연장근로 제한에 포함하는 근로시간 제한 입법론의 검토

Abstract

The interpretation theory about whether the holyday working hours are included in the weekly working hours restrictions, have been made pros and cons of the debate in academic circles already. In court, a different decision is made, we are waiting for a unified interpretation by the Supreme Court. To solve this problem the legislative, the ruling party and the opposition in the National Assembly have issued legislative proposals to include the holiday working hours in the weekly working hours restrictions. However, such as the maximum possible number of extended working hours, whether the certification of overlapping premium, the presence or absence of transitional measures, large difference in each other in many ways, it is not easy compromise for legislation. This article will be considered by comparing the legislative proposals of the ruling party and the opposition. When the legislation to include the holiday working hours in the weekly working hours restrictions is carried out, not only the effect of overlapping premium, by the weekly maximum extension working hours limit is reset, also generated effect the total working time is shortened. In addition, since the holiday work is suppressed, the effect that the rest of workers is actually secured occurs. Thus the discussion suggesting improvements to working hours schemes should be making progress around the direction that reduces the total working hours, to improve the practice of working long hours. On the other hand, if the Supreme Court make the decision about the interpretation theory of the current law, the basis of interpretation is determined. Then there is a high possibility that desire from the labor community and the management community overlooking the legislative resolution is increased. As a result, whether the Tripartite to achieve social consensus, or, ruling and opposition parties to achieve political compromise, also more likely to become possible legislation. In the process, it is not desirable to be bound to the foundation of the interpretation by the Supreme Court. It must be considered a scheme that can really improve practice of working long hours for the frequent holiday works. In consideration of the difficulty of small and medium-sized enterprises, to design a complex set of stage application by the ruling party and impunity period by the opposition, it is necessary to seek room for compromise in the direction of placing the adaptation period of the amended law. That the legal working time was shortened to 40 hours must strive to be realized in the labor-management relations of reality should be the center in the legislative debate.