단체협약에 의한 근로조건의 불이익변경

Abstract

It is possible for the trade union and the employer to change the working conditions by the modification of collective bargaining agreements. According to the principle of freedom of contract, a trade union and an employer may conclude a collective agreement that provides for better or worse working conditions. But there are some limitations in the principle of freedom of contract, those are legal basis or standard of judgement about the disadvantageous changes to working conditions in procedural aspects and content aspects. Especially, it is not necessary to get consent or authorization of each employees, but the democratic process is certainly needed. In addition, a necessity of contents judgement and a standard of judgement about the contents of disadvantageous changes must be included. We already made sure of the theories of Japan about this standard of judgement, for example,Duty of fair Representation, Trust protection principle, Rationality Standard, Equality Principle. Finally, It is also necessary to be controlled to the limitations of the principle of freedom of contract by judicial review. It is needed not only in procedural aspects but also content aspects.