기업 간 전출 시의 징계권 행사에 대한 고찰

Abstract

Of the personnel actions in the employment relationship for business operation, there is the personnel shifts between businesses in addition to the relocation within the same company. These cross-company personnel changes include moving its contract of employment to another company and loaning its employees to another company while keeping the original employment relationship intact that is called transferring belong to an original employer in distinction to complete change of employment relationship between businesses, or 在籍出向(ざいせきしゅっこう) in Japan. In many cases, the transfer between the two businesses is subject to an employee transfer agreement involving three parties who are an employee, an original employer and new employer, but is often done with employee consent for business operation. In an employee transfer, a dual employment relationship with employers is essentially formed, and the status of the employee is similar of that leaving of absence in original company while working for another company, and also the payment of wages and the application of employment regulations are in accordance with the employee transfer agreement, and so on. If the transferred employee violates the rules of employment in the course of working in a dual employment relationship that is acquired by a new employer while remaining employed by original employer, it may be disputed which employers should punish that employee. While there will be no particular problem when it comes to the clear statement in the employee transfer agreement between the parties involved, controversies occur when there is no specific indication about who can legally take punitive rights against transferred employee that violate the regulations. This dissertation aimed to explore these questions.