일본의 비정규직에 대한 고용정책과 입법방향

Abstract

After the burst of the bubble economy, the number of atypical workers have been increased rapidly in Japan. Many employees preferred to employ atypical workers rather than regular workers to reduce cost and dismiss them easily. As a result, about 30 percent of whole worker are estimated atypical workers. Atypical workers consist of 4 parts; fixed-term workers, dispatch workers, part-time workers and others (containing subcontract employees and employees in gray zone). In many case, atypical workers are treated discriminatingly because of their status. So, Japanese labor relation laws have some rules to protect employees from unreasonable discrimination by employer. However, in Japan, there is no compulsory clauses which fixed-term employment contract is deemed to non fixed-term employment contract if employer use fixed-term employee over 2 years. In Japan, labor law not only respects declaration of intention between employer and employee but also don't like to regulate employment contract if possible. In Korea, atypical workers has been increased more rapidly than Japan since economic crisis in 1997. In now, almost half of whole workers are atypical workers and also they have some discrimination in labor conditions compared with regular workers. Therefore, Korean government has tried to get rid of unreasonable discrimination against atypical workers. As part of government’ trying, in the end of 2006, Act of Atypical Worker’s Protection (AAWP) had been passed the National Assembly. According to AAWP, the duration of employment of fixed-term worker is restricted within two years and if the employment of fixed-term worker excess two years, the worker deem to be employed by non fixed-term employment contract except rare cases. Revised Dispatched Work Act has also same kinds of clause. If employee use dispatch worker over two years, employer has to employ the worker. If not so, the employer will be punished. Any worker who was treated discriminatingly because of their status can appeal to the Labor Relations Commission. If the Commission judge think that the appeal is unreasonable, may order to quit discriminating against atypical worker and also order monetary compensation. As a result of these rules of AAWP are applied to atypical employment, however, many atypical workers have lost their jobs. In other word, AAWP is very strict and mechanical, the purpose of legislation is not realized. So, in recent, Korean government try to revise AAWP in order to adapt real employment environment. A Research of on employment policy and legislative direction of Japanese atypical workers is very useful to us for revising AAWP and policy making of atypical worker.