원청회사와 사내하청노동조합이 체결한 합의의 법적 성질과 효력

Abstract

This paper covers the legal characteristics and force of the agreement reached between contractor and contract workers′ union. In the legal characteristics of the agreement, for example, the agreement might correspond to collective agreement or a just arrangement. When contractor randomly reaches an agreement with contract workers′ union, it is closely associated with being the parties to collective bargaining (holding capacity to conclude collective agreements in terms of collective agreement) whether the agreement has the characteristics of collective agreement or not. The subject that makes an agreement must be an employer or employers′ association with capacity to conclude collective agreements (Tariffähigkeit) in order that the agreement reached between contractor and contract workers′ union can correspond to collective agreementIf an employer as the parties to an agreement wants to have capacity to conclude collective agreements, he or she must be directly involved in employment contracts or hold any other similar status. The parties to an agreement must correspond to the parties to employment contracts because normative effect for collective agreement comes true through employment contracts. When contractor and contract worker have the clear and implied labor relationships or are directly involved in employment contracts or hold any other similar status, naturally contractor can have capacity to conclude collective agreements. Otherwise, a legal basis is required for contractor to be the parties to an agreement. If contractor, subcontractor and contract workers′ union make an agreement and their agreement is qualified for requirement to establish collective agreement(Labor Union And Labor Relations Adjustment Act article 31 section one), as it can be collective agreement basically Labor Union And Labor Relations Adjustment Act for collective agreement can apply to it. It is considered not to devide the notion for an employer but to apply it expansively in order that legislatively a contractor obtains a position as the parties to an agreement in the relation of contract and subcontract. It is also contemplated that subcontractor becomes a joint employer to bargain jointly and meet prerequisite to a employment contract.