비정규직 근로자 : 반차별권과 사회보험에 의한 보호

다국어 초록 (Multilingual Abstract)

Most contingent workers are faced with discriminatory employment practices, such as low wages and low or no benefits. Furthermore, contingent workers are receiving insufficient or discriminatory social security protection.
Contingent work fulfil different positive functions. Part-time work, for example, allows persons with care obligations to achieve a better work-life balance and prevents them from losing contact to the labor market. The possibility of use comparatively cheaper temporary contacts can provoke firms to create additional jobs. But in order to make positive outcomes possible the elevated risk and disadvantages inherent in these employment forms should be absorbed by sufficient and encompassing protection and non-discrimination regulation. Especially inadequate protection in the event of a job loss hampers employees’ incentives to risk taking and further discriminates those who do not have another choice but to accept contingent work contracts. Antidiscrimination rights of contingent workers should be expanded to social security protection.
This article is from Europe and the United States, which starts in the extracts. And then, this study discusses how our current law should be improved. This discussion also includes issue about part-time workers, temporary workers, subcontracting workers, and independent contractors.

참고문헌 (Reference)

1 심창학, "유럽 비정규직 근로자의 사회보장: 영국, 독일, 프랑스의 연금 및 실업보험을 중심으로" 한국사회보장학회 21 (21): 283-311, 2005

2 이흥재, "사회보험수급권의 범위에 관한 재검토" 법학연구소 51 (51): 203-227, 2010

3 이철수, "로스쿨 노동법" 오래 2010

4 The EEOC, "the Enforcement Guidance: Application of EEO laws to Contingent Workers Place by Temporary Employment Agencies and Other Staffing firm"

5 "http://www.eeoc.gov/policy/docs/threshold.html#2-III-B-1-a-iii-(a)"

6 U.S. Department of Labor, "U.S. Bureau of Labor Statistics (BLS)"

7 Nancy E. Dowd, "The Test of Employee Status: Economic Realities and Title VII" 26 : 75-, 1984

8 Katherine V.W. Stone, "The New Psychological Contract: Implications of the Changing Workplace for Labor and Employment Law" 48 : 652-, 2001

9 Kenneth G. Dau-Schmidt, "The Labor Market Transformed: Adapting Labor and Employment Law to the Rise of the Contingent Workforce" 52 : 879-, 1995

10 Stephen F. Befort, "Revising the Black Hole of Workplace Regulations: A Historical and Comparative Perspective of Contingent Work" 24 : 153-, 2005

11 Deirdre McCann, "Regulating Flexible Work" Oxford 2008

12 Jonathan P. Hiatt, "Policy Issues Concerning the “Contingent Work Force,”" 52 : 729-, 1995

13 Janine Leschke, "Is it useful to cluster countries? Anlaysis on the example of unemployment insurance coverage of non-standard employed" 2005

14 GAO (General Accounting Office), "Contingent Workers Incomes and Benefits Lag Behind Those of Rest of Workforce" 2010

15 Lewis L. Maltby, "Beyond “Economic Realities”: The Case for Amending Federal Employment Discrimination Laws to Include Independent Contractors" 38 : 239-, 1997

16 Janine Leschke, "Are Unemployment Insurance Systems in Europe Adapting to News Risks Arising From Non-Standard Employment?" 2006

17 The EEOC, "Application of the Equal Employment Opportunity Laws to Contingent Workers Placed by Temporary Employment Agencies and Other Staffing Forms"

18 강현주, "Antidiscrimination Rights of Contingent Workers in the United States (S.J.D.논문)" 2010