위탁 등 아웃소싱과 노동법적 쟁점 - 기간제근로자를 중심으로 -

Abstract

This article reviewed various labor law issues related to fixed-term employees hired by outsourcing companies such as service providers.BR First, the relationship between the consignment contract period etc. and fixed-term employment contracts was examined, focusing on probationary period and exceptions(when the period required for project completion, the elderly) to restrictions on the fixed-term employment period.BR Second, this article reviewed the cancellation and termination of the consignment contract etc. and the termination of the employment relationship, focusing on two Supreme Court precedents(Supreme Court Decision 2007da62840, decided February 12, 2009 and Supreme Court Decision 2017da22315, decided October 31, 2017). In addition, the validity of each type of agreement to terminate the employment relationship was examined.BR Finally, when switching to outsourcing or changing an outsourcing companies, this article examined the legal principles of succession of employment relations, focusing on two Supreme Court precedents(Supreme Court Decision 2016Doo57045, decided April 29, 2021 and Supreme Court Decision 2020Doo45308, decided June 3, 2021).BR The above legal issues are eventually related to the termination of the employment contract of service workers. Service workers have the problems of indirect employment(whether the employer of the original company is an employer under the labor law, job insecurity) and problems of fixed-term work. It is hoped that it will be a variety of measures to promote employment stability for service workers.