Earticle

초록

영어

If the illegal dispatch is confirmed under the dispatch law, the dispatch law presupposes two legal effects. First, sanctions are imposed on the dispatching employer and the employer who are parties to the contract for dispatching workers. On the other hand, the employer is obliged to directly employ the employer in order to secure employment for dispatched workers. The duty of direct employment is to recognize the right to claim employment as a legal right to a dispatched worker. At the same time, when employers exercise the right to claim employment, employers are obliged to accept them. When a dispatch worker exercises his or her right to claim employment directly and the employer agrees to it, a direct labor contract relationship is newly formed between the dispatched worker and the employer. It does not take over a labor contract between a former dispatcher and a dispatched worker. In the formation of a new labor contract relationship, the principle of equal treatment should be applied. This is specified in the Dispatching Act. If the employer explicitly denies the employer's right to claim employment directly, there may be a problem of so-called violation of direct employment obligations under the act or omission. In this case, the dispatched worker may seek a judgment against the employer of the employer to substitute his intention of acceptance. On the other hand, the owner of the employer may exercise the right to demand compensation for violation of the duty of direct employment for a period of time until the execution of the duty of acceptance. If you were directly employed, the wage actually paid. If the discriminatory treatment of wages is taken as an example, the difference in wages should be compensated by the dispatching employer because the Article 21 of the Dispatching Law provides a compulsory minimum standard for the wage of dispatched workers. Employers of the employer may also be subject to penalties such as penalties as discriminatory treatment under Article 21 of the Dispatching Act. However, it can not be regarded as a liability for damages due to illegal acts. In order for an infringement of the wage bond of a third party (dispatched worker) to be regarded as illegal, very strict preconditions must be met.

목차

Ⅰ. 서설
 Ⅱ. 직접고용관계의 ‘형성 시점’과 ‘방식’
 Ⅲ. 직접고용의무의 불이행과 손해배상 관계
 Ⅳ. 직접고용의무 발생 이전까지의 차별적 처우와 손해배상
 Ⅴ. 요약 및 결론
 참고문헌
 

키워드

불법파견의 사법적 효과 손해배상 임금체불 채무불이행 연대책임 차별적 처우 The judicial effect of illegal dispatch compensation for damages delayed payment of wages default of debts solidarity responsibility discriminatory treatment

저자

• 권혁 [ HYUK KWON | 부산대학교 법학전문대학원 교수, 법학박사 ]

참고문헌

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