취업규칙의 본질과 기능에 관한 연구
"Where there is a society. there is a law. "― Says a canonical proverb. Today the business has come to feel the need for its order not only to promote the efficence of production but also to standardize the working conditions for the employees. Therefore, an enterprise is considered as an organization, asmall community composed of a large number of people.
For the effective and rational operation of business, it has become necessary to establish a chain of command and order governing the system of production, and the standing rules to control the maintenance of order necessary for keeping up and promoting the management. the working conditions and activities of the workers.
Though the contents of employment rules should be in principle drawn up under the individual labour contract, It must be not only complicated procedure to set a same working rule for an individual employee but it also seems unnecessary to lay down a standing rule commonly applicable to all the employees under the individual contract. Thus the employment rules typify all standing rules and they are the management criteria as well applying collectively and uniformly to all the employees. Accordingly, these rules have gradually been revised and developed to cover the function to control management and labour.
with the seientific civilization, the advent of the industrial factory pattern, the specialization of know - how, and the active movement of labour unions, the employment rules which were worked out and operated one - sidedly by the management in the past, have come to call for those rules which not only take the personal opinions of individual worker into account but they also are fair and satisfactory to both the management and labour respectively.
Therefore, the interrelation between the management and labour has been changed to 'the relationship of an equal footing' from the relationship of the management's control over the labour'. That is to say, the relation between the empolyer and employee has developed into a reciprocal relationship in a way to respect human rights and epuality from that of the management's one-sided control. Today, however, for the protection of the employee as well as for the sound growth of business at large, the government has found it necessary to direct and control the rules of employment through its labour administration.
The legislation of the employment rules seems to be different in countries. For example, in Britian and the United States there is no single regulation governing the drawing up the employment rules nor any established obligation at all. In France and Germany, the employment rules are, on the other hand, to be operated as a supplementary measure of the Labour Protection Law. To the contrary in Japen they play a vital role in business. For instance, the management in Japan is required by law to assume the responsibility to draw up the rules of employment whose contents are to be controlled by law, and to notify the established rules to the related authorities and the laboqr.
For this reason, it can be said that the employment rules in Japen have been virtually made to serve as a part of their Labour Protection Law. In Korea, the regulations concerning the rules of employment have been enated. - (Article 94 - 98, the Labour Stanbard Law) In this Labour Standard Law are the regualations to restrict and limit the rules of employment, the obligation to observe the collective agreement. and the violation of abligations, including the obligation to write out the rules of employment and submit them to the related authorities.
But some employers tend to stress the maintenance of the working order in a hope to increase their productivity, which runs counter to the harmonious and balanced relationship between the management and labour.
Nowadays, in the relation between management and labour, whether we agree or disagree, the fundamental rule that ownership has priority over any other right have been gradually changed and the enterprises, being private property have been altered into a way to lay a stress on the public benefits and welfare, the relationship of interdependence or coexistence and coprorperity of the management and labour. Therefore it must be understood that, today, the relation between the management and labour IS rapidly changing to the direction of "The establishment of the joint order and stanbard of management and labour” from "The relation of power” in the past.
In this survey I have made an actual study of the rules of employment, based on the function of labour administration, by examining the essence of the rules of employment and their functions. As a reseach method, I have examined the role of the employment rules and the functions of labour administration by using the relelated domestic and foreign literatures, and systematized the essence of the regualitions based on judicial precedents in order to examine the essence of these rules.
For the application and effect of the employment rules, I have also attempted a positive approach by utilizing the methode to examine the actuales, thus examining and analyzing the relation between the rules of employment and the unfair labour activities based on the examples. In order to survey the employee's understanding and the structural consciousness of the employment rules, I have also conducted a questionaire, collecting research materials from the domestic and forei-gn literatures and the regulations now in use in business, and using them as comparative research sample.
III
The following are a few very important points the management should take into account when he writes out and operates the employment rules.
1. The business should draw up the rules of employment best fittting its realities, taking its characteristics into consideration. And the employment rules should be drawn up to meet the business unique and conventiontional practices, its desciplines and the working conditions, without imitating employment rules of the other firms.
2. The rules of employment should make allowances for the opinions of the employee; they should be composed of plain and easy sentences, and their contents should be not only rational but also simple enough to be understood by the employyees.
3. The contents of the rules of employment should not be contrary to those of collective agreement and the Labour Standard Law.
4. It must be kept in mind that the rules of employment should not be a dead letter, but that they should be put to practical and effective use. and what is more, it is necessary for the management to make the employees well acpuainted with the rules and try to make the contents agree with the realities. On the other hand, the employees themselves are urged to clearly understand and faithfully observe the rules of employment and the principles of workshop, and try to maintain a peaceful and harmonious relationship between the management and labour so that they may establish the relation of interdependence through the reciprocal understanding and cooperative spirit while maintaining the relation as a partner in this modern industrial society,
As a supervisory body, the government is also called upon to make all efforts for the sound growth and protection of the business. And for the rationalization of labour administration, it is desirable that the government should support and protect both the management and labour, and imporve the working conditions and the welfare of the employees so that the so - called democractic administration may be achieved.
Only when management. labour, and government are united with one another in a from of trinity, it is expected that they Will make a great contribution to the cooperation of industrial and economic development.: and the sound relationship tween management and labour will be established.
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