임금피크제의 도입에 따른 취업규칙의 불이익변경에 관한 소고

Abstract

The government will introduce a compulsory 60-year-old retirement system from 2016. Since the retirement age extension under the wage system might result in increase in the labor costs, so a large number of Korean companies try to change the current wage system by introducing a salary peak system. Considering characteristics of Korean companies and reality, it is not easy to do obtain the consent through labor-management consultation. As the rate of organizing labor union is relatively low, many companies would be more likely to introduce a salary peak system by changing the Rules of employment. Since the introduction of the salary peak system might lead to reduction in wages, the unfavorable change of the Rules of Employment would raise issues over the system. Specifically, among various ways of implementing the salary peak system, the extension of retirement age or the period of employment does not go for unfavorable change of the rule. On the other hand, there would be controversy over whether the retirement security type falls under the category of unfavorable change of the rule. In this case, social norms on rationality become an important factor to determine whether it is disadvantageous or not. For the purpose of making the salary peak system observe the social norms on rationality, what is needed is to form a consensus between labor and management that employment continuation is guaranteed by adjusting wages. Furthermore, it should be determined considering targets of the salary peak system, ages and wages of subject and job adjustment method. In addition, employment extension should be carried out to such an extent that both older workers and the companies regard the system reasonable by encouraging diversification and flexibility of working form. The government should provide the clear criteria of the wage system which is regarded as reasonable by parties concerned or directs to negotiations or legislate a law provided ways to settle conflict. Then we could expect smooth introduction of the wage peak system.