근로시간 단축 청구권의 법적 규율 및 개선방안

Abstract

Today, reducing working hours is a very important national labor policy task. In May 2018, the National Assembly passed a bill to reduce working hours, which included a maximum of 52 hours of work per week, including overtime work. However, increased work efficiency, new social problems and types of work and working conditions are causing new labor law problems. These issues should be approached through the new work hour system, not through cuts and regulations centered on the total amount of working hours. A system that can control the total amount of working hours should be reviewed according to the circumstances of each individual worker. The right to reduce working hours may function as a very suitable system. Korea also stipulates the right to claim shorter working hours in individual statutes, but the requirements for use are very limited. In contrast, Germany, France and the Netherlands recognize workers' claims for The right to reduce working hours without the requirement for use. The right to expand and redistribute the requirements for The right to reduce working hours should be recognized. Claims for The right to reduce working hours, as provided in each individual statute, shall be filed in the Labor Standards Act. The legal system should be improved by systematizing claims for The right to reduce working hours and stipulating individual requirements in individual statutes. The sovereignty of workers' working hours should be strengthened.