단체교섭의 대상 사항에 관한 노사협의회 의결의 효력

Abstract

In the case of that a labor-management council decides the matters concerning working conditions, the effect of the decision be questioned. When we accept the effect of collective agreement for decision of labor-management council about the matters concerning working conditions, there is possibility that the right to bargain collectively for trade union representatives may weaken, and that the decision of labor-management council can be abused for the purpose of avoidance from the rules of the industrial action or unfair labor practice on the Trade Union and Labor Relations Adjustment Act, from authentication voting of union members on the constitution of a labor union. Thus, it is necessary to clarify about the requirement for recognition of efficacy and judgment standard as a collective agreement for the resolution of labor-management council. Considering that the matters concerning working conditions is the subject matters of the collective bargaining, and that the purpose of the labor-management council system and the collective bargaining system are different from each other, and that the matters concerning working conditions is not called out on the Act on the Promotion of Worker Participation and Cooperation(APWPC) as the matter of the labor-management council resolution, it is judged that the matters concerning working conditions cannot be decided at the labor-management council. Therefore, the resolution of the labor-management council about the matters concerning working conditions has no effect to determine the working condition of an employees. Because the labor-management council is only a conference system, not taking a legal position as the contracting parties. But the resolution of the labor-management council about the matters concerning working conditions can be recognized as a collective agreement in case of that the resolution is satisfied with the formal-practical requirements as a collective agreement or is based on the delegation article of a collective agreement. Unless the resolution is not satisfied with the formal-practical requirements as a collective agreement or without the delegation article of a collective agreement, the resolution cannot be recognized as a collective agreement. And also, the resolution of the labor-management council about the matters concerning working conditions cannot be recognized as a work rules, because the resolution procedure does not follow the provisions concerning the work rules on the Labor Standard Act. But although the resolution of the labor-management council about the matters concerning working conditions cannot be recognized as a work rules, both parties may request a sincere commitment to the promise.