아웃소싱 업체의 변경과 고용이전

Abstract

Outsourcing is a system that the company can maintain without disrupting existing business. On the one hand, it gives a direct or indirect effect on the inevitably employment relationship. Outsourcing affects, directly or indirectly, without the legal relationship between the outsourcing provider. In this regard, Employment relationship for outsourcing is required protection of employment for workers who perform the existing work. but Supreme Court has not yet accepted protection of employment for outsourcing service provider change. Current case law has not recognized the employment relationship for outsourcing service provider change However, a thorough review is needed in order to find clues for protection of employment in current case law. Recently some scholars have proposed the theory that accepted the legislation and case law for ‘The Transfer of Undertakings’ in Europe. The biggest feature of the theory is to acknowledge the employment guarantee from the fact without legal agreement. However, this is limited in terms of practical and theoretical aspects. To overcome these limitations, Firstly this article has examined the constitutional basis of the employment guarantee. and this article the infringement of fundamental rights issues were reviewed. Secondly, this article presents ‘the principle of the primacy of fact’ to derive the legal effect of job security. In addition, this article examined the possibility about employment guarantee from the case law. Finally, this article explained the directions to derive the legal effect of job security. This direction is a way to refer to ‘multi-approach’ in the law of the European Court of Justice (ECJ) and the case law of the UK courts about outsourcing. This direction aims to elicit a change in the Supreme Court. And this is for the legislative solved by accumulating the case.