Labor-Management Relations Research Articles

프랜차이즈 당사자 사이의 집단적 노사관계

오늘날 프랜차이즈에 의한 사업형태가 널리 보급 및 확산될수록 관련된 법률문제도 다양화 되고 있다. 기존의 경제법 분야에서는 가맹본부가 가맹점사업자에 대해 행하는 거래조건에 관한 불공정거래행위 등의 문제를 해결하는데 초점이 맞춰져 있었지만, 최근에는 이러한 경제법상의 불공정거래행위 이외에도 프랜차이즈 구조에서 가맹본부와 가맹점 사이의 존재하는 지배적․경제적 종속성으로 인해 여러가지 노동법적 문제도 발생하고 있다.<BR> 본 논문은 프랜차이즈 운영실태에서 나타나는 종속성의 성질을 규명하고, 가맹점사업자의 근로자성, 가맹본부의 사용자성에 대한 논의를 바탕으로 프랜차이즈의 집단적 노사관계를 논의하고 있다.<BR> 본 연구는 우선, 프랜차이즈의 집단적 노사관계 중 가맹점사업자의 집단적 교섭관계에 대해 살펴보았다. 현행 가맹사업법상의 협의권과 상생협약은 노조법상 단체교섭과 단체협약 제도에 비하면 가맹본부에게 교섭의무도 강제되지 않을 뿐더러, 그 협약의 내용도 법적 구속력이 약하여 실효성 측면에서 문제가 있다. 이에 가맹본부에게 성실한 교섭의무나 상생협약에 일정한 법적 구속력을 미치게 하려면 가맹점사업자에게 노조법상 단체교섭권 혹은 이에 준하는 정도의 권한을 부여하여야 한다. 하지만, 그러기 위해서는 먼저 가맹점사업자가 노조법상의 근로자임이 전제되어야 할 것이다. 판례법리에 의해 노조법상의 근로자성을 인정받은 가맹점사업자에게는 노조법상 단체교섭 관련 제도에 관한 규정들을 모두 준용할 수 있다. 또한, 가맹점사업자 단체가 가맹본부에게 단체교섭을 요구하여 거부당한 경우 노조법상 부당노동행위 규정의 적용이 가능할 것이고, 이들에게 단체교섭 중이나 그와 일련의 과정에 있는 쟁의행위에 대한 민·형사 면책도 인정될 수 있다.<BR> 다음으로 가맹본부와 가맹점근로자의 집단적 노사관계에 대해 살펴보았다. 가맹본부와 가맹점근로자 사이의 단체교섭의 범위와 기준을 획정함에 있어 가맹본부가 지배력을 미치는 사안의 대부분은 가맹본부가 우월적인 지위에서 가맹점사업자가 공동으로 결정하게 되는 형태를 띠게 될 것이므로 이러한 사항들에 대해서는 공동사업주의 법리를 원용하여 가맹본부에게 공동교섭에 응할 의무를 부과하는 것이 타당하다. 그리고, 가맹점 근로자의 노동3권을 부당하게 침해하는 행위에 대하여는 가맹점사업자는 물론이고 가맹본부도 노조법상 공동사용자로서의 책임을 부담하게 된다.

Revitalizing Scholarship on Academic Collective Bargaining

Research on unions in academe began in the 1960s and 1970s. It continued in the 1980s as greater numbers of faculty organized but then declined in the 1990s, with the exception of a small group of scholars who continue to study and comment on labor management relations in post-secondary education. Many prognostications, originally put forward in the 1970s and 1980s, remain unexamined. The last two decades in particular, have seen less attention focused on unions in academe. Organizing efforts continue to be robust, and advocates from all vantage points continue to offer arguments both in favor or against collective bargaining. Yet we really know very little about the impact unions have on academic organizations. Much of what is said about the outcomes remain unsubstantiated in peer reviewed journals or other “non-advocate” scholarly work. In fact, there are few objective and defensible research studies to substantiate many claims made by those opposed to or supportive of collective bargaining, particularly when viewing the wider institutional landscape.

근로계약과 사적 자치의 재검토

The labor law which modifies private autonomy places agreement autonomy as the key and ultimately seeks private autonomy through agreement autonomy. In this point of view, constitutional discordance adjudication of the Constitutional Court about the Supreme Court judgment that reviewed one-sided effect of the employment contract by separating essential conditions and requirements for taking effect of the employment contract and that expanded agreement autonomy, and the prescript of the Labor Union Act that regulated agreement autonomy is important in confirming the basic principles of the labor law. BR In the principle of the labor law, ‘self-determination’ based on employees’ independence and autonomy is essential to private autonomy. Employees’ self-determination is guaranteed based on the system of labor relation discipline such as judicial remedies of the law and the court, administrative compensation awards of the Labor Relations Commission (including the labor supervisor), and collective labor and management autonomy. It is clear that true private autonomy can’t be achieved only with enactment of the Labor Contract Act which is currently debated. The labor relationship with one’s autonomy can be established when the regulation of the labor law, which is the legislation that restricts labor-management relations, and the subjects involved in the practice of legislations (judicial control and administrative control), independent labor union (negotiation and collective autonomy) are united and associated as a whole.

A U.S. Tripartite Experiment in the Kennedy Administration

Seeing the United States as a model for laissez-faire economies discourages research on the distinctive features of the U.S. political economy. The conventional view is that the U.S. economy suffers from chronic coordination problems, in which market actors engage in arm’s-length transactional relationships. This article challenges such generalization by delving into an unexplored tripartite experiment conducted by Labor Secretary Arthur Goldberg during the Kennedy administration in the early 1960s through the President’s Advisory Committee on Labor-Management Policy (LMAC). The experiment was a product of policy entrepreneurs’ attempts to tackle the decline of U.S. manufacturers’ market competitiveness and worsening labor-management relations, rather than being merely a negligible outlier of mainstream American liberalism. Given the absence of peak business and labor associations, these entrepreneurs designed the LMAC in a way that made it different from its European counterparts. Drawing from the literature on political entrepreneurship and creative syncretism in American political development, I describe where the tripartite experiment failed and how it paved the way toward industrial pluralism in a legal sense, and toward growth liberalism or reactionary Keynesianism in an economic sense. The article contributes to the burgeoning literature concerning various U.S. policy experiments to address problems in market coordination.

임금의 개념으로서 근로 대가성 판단에 관한 소고

Under the Labor Standards Act, a worker is a person who provides work for wage purposes regardless of the type of occupation. As shown in the worker’s concept, wages are the most important working conditions and are subject to labor legal protection regulations. Nevertheless, the concept of wages remains vague not only on the labor scene but also on the legal basis. There are so many different types of golden resources surrounding the working relationship, and all of them are paid differently. Recently, many businesses have been paying workers so-called Proactive Incentive (PI) or Profit Sharing (PS). Explaining the legal nature of these bribes is becoming a new homework assignment. This is because the appropriateness of such money in the calculation of the average wage could escalate into a legal dispute. In particular, the conflict between labor and management is likely to escalate if the performance bonus amounts to a considerable amount. This could lead to another consumptive social conflict. This is why we are paying attention to the concept of wages itself again. This is because labor and management must at least prevent unnecessary legal disputes before clarifying and simplifying the concept of wages is a prerequisite for the evolution of the futureoriented labor-management relations legal system.In principle, the money paid in conjunction with the results is unlikely to be seen as a return for work. In accordance with our case law, the achievement of an individual’s performance or the profit margin of a company as a result constitutes an accidental assessment. The obligation to pay money and other goods on this condition can also be regarded as a chance. In this case, it is true that the already provided work is relevant to the resulting occurrence, but that does not mean that it is a direct and relevant consideration. Direct association exists only between the resulting generation and the money and the money.BR As a result, it may be necessary to consider this as a bonus for money and money paid in conjunction with a given outcome of performance, but it may be required to be assessed as a wage. If so, the distinction between the two in concept would ultimately be to identify the purpose of the payment.

Do trustful labor–management relations enhance innovation? Evidence from German WSI data

Analyzing a sample of German firms, our Probit analysis shows that conflictual Anglo-Saxon type labor–management relationships are negatively related to the probability of performing R&D and to introduce innovations. We add to the Varieties of Capitalism literature a number of arguments of why cooperative Rhineland labor relations are superior in handling the ‘routine’ innovation model in knowledge-intensive industries. Notably if innovative competences are based on the stepwise accumulation over long periods of bits and pieces of knowledge for the continuous improvement of products, processes or systems, cooperative Rhineland labor relations appear to be superior to conflictual Anglo-Saxon labor relations.

The Effects of HRM Policy of Job Security and Information Sharing Management Performance: Mediating effect of cooperative labor-Management relations Climate

최근 급격한 환경변화에 대응하여, 기업은 지속적인 성장과 발전을 도모하고 있다. 이러한 과정 속에서 인적자원관리를 통한 성과창출을 위하여 노사 간의 상생협력이 주요 요인으로 부각되고 있다. 특히 한국의 중소·중견기업은 인적자원 의존도가 높은 특징으로 인하여 노사 간의 협력이 더욱 요구되고 있다. 이에 중소·중견기업의 인적자원관리, 협력적 노사관계분위기 및 경영성과 간의 관계에 대하여 연구하고자 하였다.BR 본 연구는 고용안정성, 정보공유의 인적자원관리 정책과 경영성과의 관계에서 협력적 노사관계분위기의 매개역할을 검증하고자 하였다. 이를 검증하기 위하여 종업원 100명 이상의 중소·중견기업을 대상으로 하였으며, 독립 및 매개변수에 대하여 최고경영자를 대상으로 응답 자료를 수집한 후 분석에 사용하였고, 종속변수는 금융감독원의 2차 자료를 활용하였다. 이를 위해 SPSS를 활용하여 연구모형을 검증하였다.BR 분석결과에 따르면, 고용안정성 정책은 협력적 노사관계분위기에 유의미한 정(+) 영향을 미치는 것으로 나타났으며, 정보공유 정책도 협력적 노사관계분위기에 유의미한 정(+) 영향을 미치는 것으로 나타났다. 또한 협력적 노사관계분위기는 인당매출액, 인당순이익 각각에 유의미한 정(+) 영향을 미치는 것으로 나타났으며, 협력적 노사관계분위기는 고용안정성 정책과 인당매출액 및 인당순이익, 정보공유와 인당매출액 및 인당순이익 간의 관계를 모두 매개하는 것으로 확인되었다. 이러한 결과는 기업이 안정적 발전의 추구를 위해서는 종업원에 대한 고용안정성 확보와 정보공유가 필요하며, 노사 간의 협력적 분위기를 조성하기 위하여 고용안정성 및 정보공유의 인사관리를 전략적으로 실행할 필요성이 있다는 것이다.BR 본 연구는 협력적 노사관계분위기의 매개효과 검증을 통해 인적자원관리와 성과 관계에 대한 연구모형을 확장하는데 이론적 기여를 하였으며, 대기업에 비해 상대적으로 미흡한 중소·중견기업의 인사·노무관리에 대한 실무적 방향성을 제시한다. 마지막으로, 연구결과의 한계점과 향후연구방향을 논의하였다.

A Conceptuel Frame Work On The Causes And Effects Of Industrial Relations

Industrial relations emerges from day to day association of management and labour.it ensures healthy labour management relations, maintenance of industrial peace and development of industrial democracy. Themanagement ,the labour unions and government are the key players of industrial relations. Industrial relations is all about promotion and development of healthy labour management relations, maintenance of industrial peace, avoidance of industrial strife and development and growth of industrial democracy.

Peering Inside the “Black Box”: The Impact of Management-Side Representatives on the Industrial Relations Climate of Organizations

The labor climate of an organization can have a great impact on productivity and efficiency. Managing this climate is often left to union stewards and management-side labor relations representatives. While there is a large literature on the role of union stewards, little is written about the role that management-side labor relations representatives play in establishing or maintaining positive labor-management relations. Building from a series of interviews with labor relations representatives in Canada and a nationwide pilot study of frontline industrial relations workers, we model the role of the labor relations representatives and their specific job actions in the established model of labor climate. Considering personal, structural, and attitudinal antecedents and measures of individual effectiveness, the study reveals that flexibility and informality matter more than formal education in industrial relations for creating positive labor climate. The study results indicate that labor relations representatives have the potential to play an important role in maintaining positive labor climate, if given more opportunity to take a proactive approach.

The normative structure of labor law and the relation between the right to work and the labor’s three primary rights

우리 헌법 제32조와 제33조는 근로권과 노동3권을 노동기본권으로 규정하고 있다. 헌법에 노동3권과 근로권(노동기본권)을 동시에 규정하고 있는 형태는 세계적으로 우리와 일본을 제외하고는 매우 드문 현상이라고 할 수 있다. 근로권과 노동3권은 누구나 인식하듯이 근로자를 위하여 규정된 기본권이다. 그런데 이러한 규정으로 인해 의문점이 발생한다. 근로권과 노동3 권의 관계가 어떻게 되는가이다. 실정법적으로 근로권과 노동3권의 관계에 있어서 노동3권이 우선적으로 적용되는 것이 원칙이다. 실상 노사문제는 노동3권에 의하여 자율적으로 노사 당사자가 해결하는 것이 원칙이라고 할 수 있다. 그런데 노동조합 조직률이 10% 정도에 머무르고 있는 현실을 감안할 때, 노동조합에 가입하지 않은 대부분의 근로자들은 근로권에 의하여 보호를 받는다고 할 수 있다. 따라서 이론적인 측면에서는 우선적으로 노동3권으로 근로자를 보호하고 있는데 현실은 근로권으로 근로자가 보호를 받고 있다는 것이다. 이러한 현실상황을 인식하면서, 그리고 프랑스의 2016년 8월 8일의 “근로, 사회적 대화의 현대화 및 직업적 행로의 안정성에 관한 법률(제2016-1088호)”(이하 ‘노동개혁법’이라고 한다) 에 대한 발표를 들은 것이다. 그 내용은 한마디로 집단적 노사관계법과 개별적 근로관계법의 통합이면서, 그 방향은 민법의 구조를 택한다는 것이었다. 우리도 프랑스 노동개혁법처럼 개별적 근로관계법과 집단적 노사관계법을 하나로 통합할 수 있는지를 살펴볼 필요가 있고, 그 전 단계로서 근로권과 노동3권의 관계가 배척의 관계가 아니라 상호 보충의 관계라는 것을 살펴보았다. 결과로서 양자를 통합하려면 결국에는 당사자의 의사를 존중해주는 논리가 되어야 한다는 것이다. 다시 말하면 힘의 대등을 전제로 노사 당사자의 의사가 절대적 사회질서를 제외하고는 항상 우선되어야 한다는 것이다. 이렇게 하였을 경우 또한 현실상 특수고용형태종사자나 영세 하청업체를 보호하기 위해서는 공정으로서의 노동법으로 패러다임을 바꿀 필요가 있다는 것을 주장하였다. 즉 현실의 상황을 감안할 경우 노동법은 종속관계를 지닌 근로자만을 보호대상으로 하는 것이 아니라 노동법은 노동가치를 제대로 보호하는 형태를 취하게 되며, 그것을 공정으로서의 노동법으로 인식하여야 한다는 것을 제시하였다.The article 23 and 33 of the Constitution guarantees the right to work and the labor’s three primary rights as basic rights. The Constitution stipulates rights to work and labor’s three primary rights at the same time is rare except for Korea and Japan. The basic right of labor, as anyone perceives, is the basic right prescribed for workers. But these regulations give rise to questions. What is the relationship between the right to work and the labor’s three primary rights. The principle of positive law is that labor rights are applied first between right to work and labor’s three primary rights. In fact, the labor management issues should be resolved voluntarily by the labor authorities. By the way, given the fact that labor union membership remains around 10%, most workers who do not belong to the labor union are protected by the right to work. In theory, labor’s three primary rights are the first to protect workers, whereas in reality workers are protected by labor rights. Recognizing this reality, I was told about France’s labor reform law. The content of France’s labor reform law is the integration of the individual labor relations law and the collective labor-management relations law, and the direction changes to the structure of civil law. Korea needed to see if it could integrate the individual labor relations law and the collective labor-management relations law like the France’s labor reform law, and looked at the relationship between the two as the forward stage. In order to integrate the two laws as a result, it would have to be the logic of respecting the will of th parties. In order words, the will of worker and employer should always take precedence except for absolute social order on the assumption of equal power between workers and employers. In this case, it is also necessary to change the labor law as a fair in order to protect a worker-lice person or small subcontractors. In other words, labor law can be recognized as a fairness of protercting labor value properly.

An Exploratory Study of the Factors Affecting Labor-Management Relations in the Context of Employee Satisfaction within Garments Industry of Bangladesh

The study examined the factors that affected Labor-Management Relations in the context of employees’ satisfaction in Garments Industry of Bangladesh. The data for the study were collected from both primary and secondary sources. Primary sources relied on interview method with the help of a structured questionnaire for self-guidance. All hypotheses were tested using regression analysis and Pearson correlations controlling for background variables of gender, marital status, and age. The study revealed that all dimensions of labor-management relations were positively and significantly correlated to employee satisfaction and overall labor-management relations. Implications, limitations, and directions for further research were discussed.

Conflict and Cooperation in Labour-Management Relations. A Comparative Approach: Canada-Poland

Until 1980, labour relations in Poland were entirely run by the state. As a result of massive strikes and social negotiations the first independent trade union “Solidarność” was established. The 1989 elections, which lead to the defeat of the Communist government, finally opened the door for legal reform of the Polish industrial relations model. In this article, the author examines the evolution and development of the Polish labour relations system in contrast with the situation and latest trends of labour negotiations in Canada, a democratic country with a market economy.

Key Antecedents and Outcomes of Korean Workers’ Perceived Labor-Management Relations

ABSTRACTLabor-management relations have received increasing attention and are believed as important by academics and practitioners. This article examines the key antecedents and outcomes of Korean unionized workers’ perceived labor-management relations. Given the impact on employee performance and corporate productivity, it has not yet been known the extent of dynamics regarding the workers’ perceptions of the labor-management relations. The study employs the structural equation modeling using partial least squares(PLS) technique. The empirical results from 2,632 workers confirm that all hypothesized relationships are significant except the corporate training satisfaction in relation to labor relations. All outcomes of labor relations are significant. This research offers new insights into the important concept of labor-management relations specifically in Korea. Implications and future research are provided.

Labour Management Relations as a Framework for Industrial Sustainability

Work is necessary for the survival of individual employees and labour management relations aim at achieving the collective interests of employers and employees to promote productivity and industrial sustainability. The early Knights of Labour sought to protect the interest of labour as a means of enhancing industrial growth and survival because labour is the major determinant of productivity. In many countries today including Kenya, South-Africa, Norway, Nigeria among others, employees in small and medium enterprises, including most private tertiary institutions are not unionized thereby giving such employees the freedom to use the organizations as a stepping stone for better employment opportunities and at the detriment of industrial growth and sustainability. Since organizations are typically coalitions of interest groups, negotiation between labour and management must always receive great attention as one of the modern methods of achieving industrial harmony. Often negotiation is characterized by divergent views and the role of labour management relations becomes to promote collaboration. 200 participants took part in the study conducted through the survey research design to explain the relationship between labour management relations and industrial sustainability. Analysis through descriptive and correlation methods showed a strong positive relationship between the variables of interest. The study was not exhaustive, and further study should examine the relationship between leadership and performance. It was suggested that the accommodation principle should always be used to achieve industrial harmony and sustainability.

Productivity Improvement for the Future and Labor-management Relations

Productivity Improvement for the Future and Labor-management Relations

The Effects of Cooperative Labor–Management Relations Climate on Organizational Performance: Moderating Effects of Strategic Human Resource Management

The Effects of Cooperative Labor–Management Relations Climate on Organizational Performance: Moderating Effects of Strategic Human Resource Management

Reforming Public Officials’ Councils into the Model of Participative Decision-Making: For Labor-Management Cooperation in the S. Korean Government

Reforming Public Officials’ Councils into the Model of Participative Decision-Making: For Labor-Management Cooperation in the S. Korean Government Prof. Dong Won Kim Abstract The purpose of this study is to find how to revive Public Officials? Councils into the institutional model of Participative Decision-Making (PDM) in the South Korean government. To do so, the study reviews how the Councils have been inactive or nominal without power clearly given by any law so far and why, and proposes how to take after the successful case of Labor-Management Council as a form of PDM in the private sector. Generally, unions and councils tend to drive labor-management relations into adversarial and cooperative ones, respectively. Furthermore, Public Officials? Councils are overlapped with their Unions in terms of purpose and eligible membership. To avoid the conflict and inefficiency, the government needs to build three legal bases of the Council: clarifying participation and cooperation as its purpose, having the public officials excluded from unions to be entitled to the Council, and granting greater influence by allowing alliances among the Councils. Full Text: PDF DOI: 10.15640/ppar.v7n2a1

High commitment human resource practices and employee behavior: a multi-level analysis

PurposeThe purpose of this paper is to examine the relationship between high commitment human resource practices (HCHRPs), conceptualized at the workplace level and employees’ attitudes, including affective commitment (AC) and turnover intention (TI). The study also tests the moderating role of cooperative labor–management relations (CLMR) between HCHRPs and organizational trust (OT).Design/methodology/approachBased on social exchange theory and trust commitment theory, the authors build a research model that explains employee behavior and empirically prove the model by using samples of 407 employees from South Korea. This study uses hierarchical linear regression and cross-level hypotheses based on hierarchical linear modeling.FindingsThe results demonstrate the positive impact of HCHRPs on an AC and TI, through OT. However, no moderating effect of CLMR between human resource management (HRM) practices and OT is observed.Originality/valueFew theory-based studies test the direct linkage between HRM practices and outcomes. This study is designed with a multi-level research method to provide a conceptually comprehensive and deeper understanding of how HRM practices work in an organization by testing the relationship between organizational practices and employees’ outcomes.

심리적 계약위반 지각이 호텔종사원의 이직의도에 미치는 영향 연구 : 경영진 신뢰의 조절효과

The purpose of this study is to empirically test the moderating effects of trust in management on the relationship between psychological contract breach and turnover intention that hotel employees might feel at the workplace. For this purpose, the investigator conducted an empirical survey based on literature materials. The questionnaire technique was used to fulfill the goal of the empirical survey. The subjects participating in the survey were employees at a deluxe hotel. Collected data was put into a frequency analysis with the SPSS 23.0(for Windows) and AMOS 23.0, after the coding process. Factor analysis, validity analysis, and reliability analysis followed for psychological contract breach, turnover intention, and trust in management. The investigator also conducted regression analysis to examine influential relations among the variables and multiple group analysis to examine the effects of psychological contract breach on turnover intention according to the moderating effects of trust in management. The test results were as follows: first, psychological contract breach had positive (+) effects on turnover intention. Secondly, trust in management had moderating effects on the relationship between psychological contract breach and turnover intention. Based on these findings, corporations need to develop a program to help hotel employees form a close relationship with management and put trust in them on the basis of the proper personnel size maintained to stabilize employment, steady labor-management relations, and trust-based management by communication. The findings imply that corporations should work on education and training to minimize the cases of psychological contract breach, practical wages and welfare, and fair and transparent personnel management.

Selling Smiles: Emotional Labor and Labor-Management Relations in 1930s Colonial Korean Department Stores

Abstract Department stores were the most luxurious retail institutions in colonial Korea in terms of their architecture, interior design, and product offerings. While Korean department stores closely resembled their Western and Japanese counterparts in form and function, the Korean department stores were unique for their position in developing retail practices and policies within a colonial context. Specifically, department stores hired young female workers to provide emotional labor to both customers and managers, which illustrated the transition from precapitalist to capitalist modes of emotional labor. Furthermore, the creation of a corporate culture and employee training programs that demanded a specific type of emotional labor resulted in various reactions from the employees, including complaints, criminal acts and violence, and the rise of class and political consciousness. Consequently, the evolution of labor-management relations in 1930s Korean department stores offers a gendered perspective on the economic and cultural aspects of Japanese control over life on the Korean peninsula, particularly through the bottom-up view of female department store workers.