근로시간 적용제외에 관한 중국의 입법 논의 동향 - 한국 적용제외 규정과의 비교를 겸하여 -

Abstract

This paper focuses on the recent legislation trend in China relating to the exclusion business from the article 63 of the Korean Labor Standard Act. On 8 May 2012, the PRC Ministry of Human Resources and Social Security issued for consultation draft rules in relation to working hours. The proposed rules clarify the circumstances in which the special working hours system applies and introduce new protections for employees for night shift work, minimum salary standards, maximum working hours and compulsory rest periods during working hours. There is no explicit article which corresponds to the article 63 of the Korean Labor Standard Act in China. Chinese labor law including consultation draft has special working hour system, and it rules the same matter that the article 63 of the Korean Labor Standard Act, with other working hour systems. The exclusion business from application of the articles relating to working hours in Chinese consultation draft on the rule for management of special working hours is different from that of Korea. The types and the works of business corresponding to the article 63 of the Korean Labor Standard Act are ruled according to the flexible working hours system and the integrated working hours system in China. Some of the types and the works of the exclusion business in Korea are ruled according to the regarded working hours system, the discretionary working hours system, and the flexible working hours system in China. Chinese consultation draft on the rule for management of special working hours shows various viewpoints in ruling the exclusion business from application of labor law articles relating to working hours, and every viewpoint has its own reason. Therefore, Chinese consultation draft provides a political implication that the Korean Labor Standard Act needs to consider various viewpoints in ruling the exclusion business from application of labor law articles relating to working hours.