노동조합의 전임자 급여지급 금지와 근로시간 면제제도의 의의 및 한계

Abstract

The wages for the full-time Officer of Trade Union who are dedicated to union affairs must be paid by the trade union under the principle of beneficiary burden. Nevertheless, in our labor reality, which takes the form of trade unions by company, it is possible to prevent trade unions from making it impossible to pay salaries to those who are dedicated to the work of the trade unions.BR So, it was postponed to ban paying full-time officer of trade union until the union’s finances were secured.BR After delaying it for 13 years, finally, it was forbidden to pay renumeration to the full-time officer of trade union. In many other countries, labor and management are free to decide whether or not to implement an time-off system.BR The ILO Recommendation No. 143 (Recommendation for Workers’ Representatives) also makes it possible to reasonably limit the time limit to avoid providing work to workers’ representatives (Article 10(3)).BR The state should ensure that the order of guarantee of the three working rights stipulated in the Constitution is properly implemented based on the agreement autonomy. Therefore, the State should not act to create a situation or disrupt the balance of power in favor of either party to the Convention. This is the national neutral obligation (Staatliches Neutralitätsprinzip).BR It is the country’s primary role to establish general rules for full-time officer of trade union and ensure that these rules are followed. It is against the state’s neutral obligation that the state intervene in the autonomy of the parties to the agreement.BR It is forbidden to pay wages to full-time officer of trade union, but is implementing an alternative the Time-off system.