노동조합법상 원청기업의 사용자성에 대한 연구

Abstract

The necessity of protecting workers due to the multifaceted employment relationship has been continuously raised. As a means of protecting workers according to multifaceted labor relations, disputes have also continued over whether the prime contractor is recognized as the subcontract worker's employer. In principle, under the union law, ‘Employer' means a person who has signed a labor contract with a worker. However, the prime contractor has practical control over various activities related to the working conditions and labor unions of subcontract workers, even though the prime contractor has not signed a direct labor contract with subcontract workers. Accordingly, various studies and opinions on the employer concept of the prime contractor have been presented. This study believes that it is desirable to recognize the prime contractor as the employer of subcontract workers according to individual cases. However, it is also necessary to consider the absence of contracts between the prime contractor and subcontract workers, the purpose of the collective bargaining, the possibility of unexpected damage to the prime contractor, and the possibility of violating the principle of proportionality and legality. Despite these concerns, if the prime contractor is recognized as the employer of subcontract workers, it may be possible to consider limiting the scope of recognition to the extent necessary, especially in the industrial safety and health sector. This study also fundamentally examines whether recognizing the prime contractor as the employer of subcontract workers can be an appropriate solution to the issue of worker protection. There are many opinions that to recognize the prime contractor as the employer of subcontract workers, the actual control of the prime contractor on the subcontract workers should be considered. However, the basis for determining the actual control of the prime contractor on the subcontract workers is not standardized. If this situation continues, the burden on the prime contractor will increase and the status of subcontractors and workers will continue to be unstable. As a way to resolve conflicts harmoniously, this study aims to prepare alternatives under the Fair Trade Act and the Subcontract Act. In particular, to recognize the prime contractor as a subject of collective bargaining for subcontract workers, it is necessary to seek ways to solve the problem of insufficient standards for judging the prime contractor as an employer of subcontract workers. Before such a plan is prepared by legislation, it is necessary to be more careful to recognize the prime contractor as a subject of collective bargaining for subcontract workers.