「노동조합 및 노동관계조정법」 제30조 제3항 신설의 취지와 정책적 함의

Abstract

Currently, we live in the era of digitalization, COVID-19 pandemic, and carbon neutrality. And we are going into effect in accordance with the recent revision of the domestic law on the contents of the ILO core agreement that has been ratified. Even existing jobs are being transformed or newly performed platform labor is being mass-produced so that information and communication technology can be mediated. It is required to reorganize the working condition determination system covering those engaged in various types of non-regular labor such as platform labor. Collective bargaining is the most representative working condition decision system. This is because the collective bargaining system is essentially based on the function of collectively forming autonomous norms and changing contents of labor contracts. Since collective bargaining has been made by labor and management by themselves, it was often conducted according to implicit agreements in accordance with informal customs and procedures between labor and management prior to the application of laws and regulations. However, the newly established article 30(3) of the Trade Union and Labor Relations Adjustment Act (TULRAA) opens the possibility of multi-layered work condition determination system through multi-layered bargaining methods. If this regulation is effectively applied, it will be possible to attempt to protect workers' autonomous rights and interests and represent collective interests in a multi-layered manner through standardization and unification of working conditions at the level of super-enterprises. But the current simplication of bargaining windows system, which is based on the workplace unit, will be the biggest variable in the actual application of the new regulation, article 30 (3).