집단적 근로조건 결정시스템의 새로운 패러다임의 모색 : 노사위원회제도 도입방안을 중심으로

Abstract

This study begins from the awareness that the collective determination system for working conditions is in "the crisis of representation" due to the structural change of employment and labor environment. Not only declining union density, but also the disproportion of it by firm size and employment types have diminished the scope and coverage of the collective bargaining system. As a result, most of the SME workers and non-standard employees do not have the representative body to convey their "collective voice". This crisis has partly come from the unions" practice to anchor along the vested interests frame, but fundamental background has originated in the structural change of economy and labor environment from the industrial society to the post-industrial society. Since the individuality and flexibility of employment has been increased, and the complexity and diversity of labor issues has been intensified, the union system based upon the homogeneity of interests and the principle of solidarity has faced a fundamental limiting line and is falling into the crisis. On the other hand, new theoretical approach has been suggested that rigid and uniform rule to each and all enterprises" complex and diverse problems is no longer effective, therefore open involvement and procedural rationality is more appropriate to the post-industrial society. BR In this context, the role of the employee representation system should be widen and strengthened to represent each and every workers of the enterprise indifferent to the type of employment and so on. However, the current labor-management consultation committee and the workers" representative scheme has many defects due to the obscure legal status, functional duplication and lack of requisites as the collective determination system for working conditions. Hereupon, this study reviews the realities of the environmental changes in the labor market and the issues regarding the current trade union and employee representation system, and then presents some basic directions and concrete legislation model for restructuring current systems, in the viewpoints of open participation and procedural rationality.