부당해고구제재심판정취소
On June 21, 2016, the National Labor Relations Commission made an application for reexamination of the unfair dismissal petition against the Central Labor Relations Commission No. 2016, April 21, 2016.
1. Causes and contents of the decision in the retrial;
A. The Plaintiff is a person who ordinarily employs eight workers and engages in mechanical parts manufacturing business under the trade name “D”.
The Plaintiff’s workplace (hereinafter “instant workplace”) does not have a trade union organized by a majority of its employees.
B. From February 17, 2010, the Intervenor B (hereinafter “ Intervenor”) entered into an employment contract with the Plaintiff from February 27, 2012, and the Intervenor C entered into an employment contract with the Plaintiff and worked at the instant workplace.
C. From December 2013 to January 2014, the Plaintiff: (a) formed the bylaws with the following contents (hereinafter “instant rules of employment 1”); and (b) held an explanatory meeting (hereinafter “instant explanatory meeting”); (c) the employees belonging to the instant workplace (including the intervenors); (d) the said employees went against the retirement age provision of the said rules.
(B) Article 7 (Retirement Age) (1) of the Act on January 1, 2014, the retirement age of employees shall be the date on which he/she reaches 61 years of age.
(2) Notwithstanding the provisions of paragraph (1), a person who is deemed particularly necessary for the duties of a company may be commissioned as a commissioned worker for not more than one year of contract.
On January 2014, the Plaintiff amended the retirement age rules of the instant Rules 1 as follows, and the amended rules of employment (hereinafter “instant rules of employment”, and along with the instant rules of employment 1) did not either post the Plaintiff’s employees nor obtain consent from the majority of the said employees.
(B) Article 7 (Retirement Age) (1) of the Act on January 1, 2014, the retirement age of employees shall be the date on which he/she reaches 60 years of age.
Provided, That a person who has already passed the retirement age in 2014 shall become the retirement age on the last day of the year when he/she reaches the age of 62 (hereinafter “instant retirement age regulations”). (2) Notwithstanding the provisions of paragraph (1), a person who is deemed particularly necessary for his/her duties may be commissioned as a commissioned worker for not more than one year of the contract
E. The Plaintiff on November 12, 2015, pursuant to Article 7 of the Death Regulations, to the Intervenor C.