미국 연방노동법상 고용관계 법리의 내용과 구성
The Development of American Case Laws and the Federal Labor Legislations in Employment Relations
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Abstract
The laws of employment relations have been developed in American law for long time. So, we need to understand the legal principles about employment relations through finding out the case laws and the federal legislations for employment. Historically, the employment relation was a relation of status such like a free, a slave, an apprentice, a married and child in case laws. In other words, employment relations were considered domestic relations in the nineteenth century because the worker commonly resided in the master's house and land. Generally speaking, the legal relationship for labor has been evolved from the property relations, like slavery, the master-servant contract and the laissez-faire contract, to the contract with some legal protections. At present time, there are many federal legislations and state's acts for protecting employees from a employer's abusive power in U.S. The statutes become more important than case laws in governing the employment relations even though the Constitution have reserved the federalism. Especially, as the types of employment relation are more complicated and diversified, the federal labor statutes have weight with the employment relations in cases.
참고문헌 (19)
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