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단시간근로의 입법정책적 과제Issues on Enactment of the Act on Protection of Part-time Workers

Other Titles
Issues on Enactment of the Act on Protection of Part-time Workers
Authors
박지순
Issue Date
2014
Publisher
노동법이론실무학회
Keywords
단시간근로; 근로시간 단축청구권; 통상근로자 전환; 단시간근로자보호법; 차별금지; 초과근로수당; park-time work; Right to claim reduction of work time; conversion to Full-time worker; The Act on Protection of Part-time Worker; prohibition of discrimination; wages of overtime work
Citation
노동법포럼, no.12, pp.1 - 35
Indexed
KCI
Journal Title
노동법포럼
Number
12
Start Page
1
End Page
35
URI
https://scholar.korea.ac.kr/handle/2021.sw.korea/133420
ISSN
2005-4645
Abstract
Recently, introduction of an independent law on protection of part-time workers has been being discussed against the Act on the Protection, etc. of Fixed-term and Part- Time Workers which covers both temporary workers and part-time workers at the same time. In establishing a new legal system for part-time workers, specific legal issues should be defined to be able to best serve the purpose of the law, which are protection of part-time workers and development of a reasonable labor market. This paper aimed to examine main legal issues brought up in legislating for part-time workers. Since the current act does not directly regulate details of the part-time work, several issues such as prohibition of discrimination, reduction or extension of working hours are expected to arise as the number of part-time workers increases. In this regard, it is necessary to enact an integrated law that aims at protection of part-time workers as well as employment management of part-time work. To promote decent part-time work, customized policy measures for workers and job seekers should be in place. That is, reduction of working time should be encouraged to enable skilled workers who wish to work stably to strike a balance between work and family. For this end, part-time workers need to be granted the right to claim for reduction of working hours. The government should also take measures to expand nonfixed- term employment of part-time work so as to meet various needs of workers and job seekers. Besides, the act should impose a duty on users to clearly state and notify part-time workers of the requirements and the procedures for conversion to full-time worker. Active measures to protect workers from discriminative treatment should be taken as well. It strikes one that discussions regarding legislation for part-time workers will contribute to promote part-time employment and to gain acceptance among part-time workers. Although the concrete shape of the act has yet to be further defined, we should closely look into and assess the act and the rights to be articulated in it in our continual efforts for improvement of legal system for part-time workers.
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