단체협약의 내용과 교섭대표노동조합 지위 유지기간 — 기본협약을 중심으로 —

Abstract

The revised Trade Union and Labor Relations Adjustment Act was implemented on July 6, 2021. The revised law extended the upper limit of the validity period of collective agreements from 2 years to 3 years. Issues related to the bargaining rights of minority unions are expected to emerge in the future, while revising the upper limit of the validity period of collective agreements stipulated in Article 32 (1) of the Trade Union and Labor Relations Adjustment Act. Until now, it has been steadily pointed out that the bargaining rights of minority unions are restricted under the current bargaining window unification system. Most of the discussions on the monopoly status of the bargaining representative labor union seem to have been centered. In relation to the period of maintenance of the status of the bargaining representative trade union, some point out the timing of bargaining gap or bargaining demand in relation to the upper limit of the collective agreement stipulated by the Enforcement Decree of the Trade Union Act. In this article, I would like to examine the problems that may arise based on the fact that the revised Labor Union Act extended the upper limit of the validity period of the collective agreement to three years and that the status of the bargaining representative labor union under the Enforcement Decree of the Labor Union Act is two years.