프랑스 기간제 규율에 관한 고찰 -갱신 횟수 제한을 중심으로- = Study on the French Rules of Fixed-term Labor Contract -Focused on the Rule Restricting Number of Renewals-

다국어 초록 (Multilingual Abstract)

Under Korean Act on Protection, etc., of Fixed-term & Part-time Workers, in case of fixed-term workers, their contracts can be renewed repeatedly within 2 years and there is no provision restricting such renewals. That’s why the ways to restrain the number of renewals has recently searched in some academical discussions. Here, it would be very useful for us to compare the relevant problems to other countries such as France. French rules, with respect to Fixed-term Labor Contract, has many regulations in various ways. At first, renewal of contract is differentiated from successive contract with the interruptions between the two contracts. The number of renewals is also reduced to only two times. And if the regulation is violated, the sanction is the re-qualification of the contract to non-fixed term contract. But the legal result of the re-qualification does not always mean the reinstatement of the relevant worker in the business but it gives the worker only the right to demand monetary compensations for losing the job. 62) Base on the comparative study, the author tried to propose proper solutions for the renewal problems of fixed-term labor contract in Korea.

참고문헌 (Reference)

1 조임영, "프랑스 불안정 근로계약 법제" 영남대학교 대학원 2000

2 "http://legifrance.gouv.fr"

3 "Les Éditions de l’Atelier/Édition Ouvrières, Guide pratique de lélu de CE de de CHSCT"

4 B. Marcelis, "Le code du travail annoté"

5 C. Lavanchy, "Jurisprudence sociale" Droit du travail 2005

6 Couturier, "Droit du travail"

7 Rivero, "Droit du travail"