미국의 해고법제(dismissal laws) 하에서 파견고용 관계의 전개

Abstract

The U.S dismissal laws are composed of the federal labor laws, regulating labor and employment relations, and the case laws, revising some principles in contract and tort laws in state courts. The federal labor laws include the FLSA, NLRA, OSHA and Title Ⅶ of Civil Rights Act prohibiting employment discriminations in the establishment and termination of employment. In addition, the case laws mean three exceptions to the doctrine of employment at will in contract and tort laws, which have been established by state courts. Above all, the remarkable feature of U.S dismissal laws is that it does not generally require just causes for a legally justified discharge. The laws only premise the principle individually controlling some causes of discharge on the statutes and case laws. The dismissal laws based on the principle logically can not recognize a job security for employees as a legal interest that have to be protected by legal systems. Then, the temp help employment has seriously resulted in job insecurities since 1940s, but the laws don’t regulate it as the matter of wrongful discharge. Furthermore, it is very difficult to establish a legal construction or to enact a legislation, enumerating some jobs for temp help employment and limiting the service period of temp employees in a client’ workplace.