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A Study on Hiring Problems and Improvement Measures for Non-regular Workers

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2017, 5(2), pp.59-80
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law

Kim Sung Ryul 1,  Oh, Ho-Cheol 2

1금강대학교
2신경대학교

Candidate

ABSTRACT

From the viewpoint of employers, the employment of non-regular workers has the effect of flexibility of labor, cost reduction, guarantee of flexibility in workforce adjustment, various opportunities for workers, and efficiency and productivity improvement of society as a whole. However, from the workers’ point of view, it is a reality that they are treated unfairly in many areas such as low wage, poor working condition, employment insecurity, and discrimination in various social insurance and corporate welfare benefits compared to regular workers. As a result, the problem of non-regular workers is causing social problems such as economic inequality and social disharmony. Considering the various laws in Korea such as the Constitution, the Labor Standards Act, the Employment Security Law, and the Worker Dispatch Law, overall it is a principle that employers who run a business employ workers directly. Nevertheless, the current law on fixed term employment has only put down a limitation on period, and the worker dispatch law has a problem of overextending the work range available for dispatched workers. These regulations ultimately have led to the expansion of non-regular workers and even widened in great scale the number of in-house subcontracted workers whose position is considered to be the worst non-regular employment. These forms of non-regular employment are causing social problems such as economic inequality and social disharmony, and are adversely affecting our economic growth. In other words, social conflicts are intensifying due to unfair treatment and discrimination that non-regular workers experience. Therefore, it is necessary to improve the system, by hiring in principle regular employees in accordance with the purpose stipulated by law such as the Constitution while allowing the employment of non-regular workers only in exceptional cases. In the end, the way to fundamentally solve the problem of non-regular employment is to reduce the number of them to the minimum, and to promote the transition to regular employment in other cases. In particular, in the case of full-time work, it will be necessary to induce regular employment. Specifically, an assertive system will be needed to improve the situation i.e. when an employee working as a non-regular worker is transferred to a regular position, he or she is given a financial benefit to motivate the transition, and a penalty is imposed on the employer who employs non-regular workers more than a certain standard.

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