해고법제의 개선방향

Abstract

The desirable direction of the improvement in the dismissal legislation will be to increase the flexibility of the labor market, as well as to harmonize the working conditions and the job security of the non-regular workers, and especially to improve the regulation of individual dismissals of regular workers. Specifically as the market shifts to the increasingly competitive environment, the need for the ordinary layoff for the job misfits and low performers are growing. Hence, it is required that the government set a guideline to clarify the types and justification range of the ordinary dismissals, so that to reduce the uncertainty thus the companies to utilize the ordinary dismissal system. Such guideline shall be especially useful reference for the court when making the judgment for the low performers’ layoffs. Examples for the personal reasons for the ordinary layoffs guideline could be 1) when there is serious misfit(in job performance ability including working attitude and teamwork) such as to cause severe hindrance or damage in business management, and 2) when warning, training, education or transferring positions of workers to correct such misfits show no sign of improvement, and et. The legislation of the contractive dismissal(Änderungskündigung) system is required for the appropriate operation of the employment system and to protect the employee. The contractive dismissal system of Germen which allows the employer to change the working condition under certain requirement with the premise of employment continuity, needs to be adopted. Especially for low performers and misfit workers, it would be reasonable to apply the contractive dismissal system at first, and then apply ordinary layoffs if such contractive dismissal was not accepted.