근로자대표 관련 근로기준법 일부개정법률(안)에 대한 소고

Abstract

The worker representative system has been expanded as the subject of written agreement and hearing opinions in labor laws, including the Labor Standards Act. Workers' representatives are recognized as important in determining working conditions at workplaces in a situation where the limitations of the traditional working condition determination system are faced due to the low labor union organization rate and diversification of employment types. However, in fact, there are no legal protection regulations for the selection procedure, method, status and activity guarantee of worker representatives, so they are not functioning properly. On October 16, 2020, the Economic, Social & Labor Council announced the results of the Labor-Management Agreement on the Improvement of the Workers' Representation System, and on March 6, 2023, the government announced the legislation of a partial amendment to the Labor Standards Act related to the Workers' Representation System based on the Economic, Social & Labor Council. However, it cannot be said that the government's legislative amendment bill has sought legislative measures in line with the principle of equal working conditions, and legislative reorganization should be prepared to enable equal decisions by labor and management, including when there is no labor union in the workplace based on Article 32 (3) of the Constitution or in light of the basic ideology of equal working conditions in labor contracts. Considering the relationship with the labor union, it is not easy to achieve its legal intention properly without an agreement between labor and management and constant efforts by labor and management to realize the system as originally intended. It will be necessary to seek an institutional search to realize the principle of equal working conditions even under realistic constraints, and giving workers' representatives a role in writing and changing employment rules is also positive in that sense.