사내도급 고용관계에서 부당노동행위 책임 - 미국 공동사용자 원리와 비교

Abstract

The contract work has been used by many employers to cut down the labor cost or to avoid the collective bargaining with labor unions in their business. The user company as a user employer, substantially has controlled the service of employees who are employed by the supplier company, as a employer. The user employer can avoid the liability of unfair labor practices in the Labor Union Act, because it has been denied as the statutory employer under the Act so far. But there are many cases that the user employer has practically infringed the labor rights of contract employees provided by the employer. Then, some labor law scholars argue that the contract work has undermined the effectiveness of the Labor Union Act as well the system of unfair labor practices. Now, we need the way to include the user employer in the concept of statutory employer to comply with labor laws in regard to the collective bargaining system and unfair labor practices against contract employees in its workplaces. The statutory employer is not required to be parties in only bilateral relations for employment. If user employers in tripartite relations allow contract employees to work in their own business, it is sufficient to be the statutory employer for labor laws.