Earticle

초록

영어

The being placed on the waiting list is the general measure employers take in the process of restructuring or for the necessity of business management, the provisional measure to keep order. This measure is the right employers take in a place of business based on a labor contract, The being placed on the waiting list is the employers' right to direct the work
and control the workers in employment relations, but it has many immanent limits and restrictions.
It is an important problem that the employers can abuse their right in particular an automatic retirement clause after a fixed term ends of the being on the waiting list and a ban clause for holding more than one office. It is certain that the employers should pay wages for the employees because the being on the waiting list is the employers' right to keep order and control
them.
Even if the employers pay wages to the employees on the waiting list, they can demand the compensation for the damage against a claim for works in case to left property damage. Because the being on the waiting list come under the illegal act in certain circumstances.

목차

Ⅰ. 문제의 제기
 Ⅱ. 대기발령의 의의
  1. 대기발령의 개념
  2. 대기발령의 법적 성격
 Ⅲ. 대기발령의 정당성 요건
  1. 실체적 요건
  2. 절차적 요건
 Ⅳ. 대기발령과 관련된 문제점 검토
  1. 대기발령에 이은 당연퇴직
  2. 대기발령기간 중의 겸업행위
  3. 근로자의 취업청구권과의 관계
 Ⅴ. 결론
 참고문헌
 ABSTRACT

키워드

저자

• 방준식 [ Bang, Joon-Sik | 영산대학교 법과대학 전임강사, 법학박사 ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  원광법학 [Journal of Law research]

• 간기

  계간

• pISSN

  1598-429X

• eISSN

  2508-4526

• 수록기간

  1962~2026

• 등재여부

  KCI 등재

• 십진분류

  KDC 360 DDC 340