임금피크제와 취업규칙 변경절차에 관한 법적 검토 - 취업규칙 불이익 변경 관련 정부 입장의 비판적 검토를 중심으로 -

Abstract

The government prepares for guideline about procedure for amending the rules of employment which in order to settle mandatory retirement of age-sixty. In government’s position, the introduction of a wage peak system for mandatory retirement of age-sixty is unfavorable amending of the rules of employment but under certain conditions, it can admit that reasonableness of social convention. Although the regulation about mandatory retirement of age-sixty is compulsory provisions, it is to be interpreted declaratively because the obligations to reform the wage system can not be forced. Also the reformation of the wage system and the mandatory retirement of age-sixty are not relevant. Therefore the introduction of reducing wage peak system should be unfavorable amending of the rules of employment. In conclusion, government’s guideline of the wage peak system needs to be withdrawn. It is because that the problem of application in mandatory retirement of age-sixty is to be solved according to the labor-management autonomous.