부당해고구제재심판정취소
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Details of the Review Decision
A. The Plaintiff is a stock company established on January 31, 1980 and engaged in multi-family housing management business, etc. using approximately 3,000 full-time workers.
B became a member of the Plaintiff on May 11, 2015 and served as a technical full-time employee at the management office of the E apartment located in Seongbuk-gu Seoul Metropolitan Government (hereinafter referred to as the “instant apartment”).
B. The Plaintiff and B have renewed their employment contracts on several occasions since May 11, 2015, and finally concluded the following employment contracts on December 6, 2017.
(hereinafter “instant employment contract”). The contract term under Article 1 (Contract Term) of the main text of the instant employment contract is from January 1, 2018 to December 31, 2018.
Article 3 (Contents of Work) The types of work in Article 3 (Contents of Work) shall be technical positions, duties shall be full-time, and Gap may change his/her duties and duties when there are unavoidable circumstances in the course of his/her duties.
Article 4 (Work Hours and Work Hours) (1) The starting and ending time (including recess hours) shall be 09:00 to 09:00,000 a day, and the break time of one day shall be 6 hours a day (2 hours a week, 4 hours a day).
(2) Recess hours are hours of meal (12:00 to 13:00), (18:0 to 19:00), and night night night hours.
However, night recess hours shall be given to workers a shift of time, and recess hours may be notified and adjusted in advance through work rules, work order books, etc.
C. On November 26, 2018, the Plaintiff notified B of the content that “the term of the instant employment contract under the instant employment contract shall expire on December 31, 2018 (the termination of the term of the employment contract).”
(hereinafter “instant notice”). D.
B asserted that the instant notification was unfair and applied for remedy to the Seoul Regional Labor Relations Commission on March 13, 2019.
On May 13, 2019, Seoul Regional Labor Relations Commission is deemed to be a worker who entered into an employment contract without a fixed period of time in accordance with Article 4 of the Fixed-term and Part-Time Workers Protection Act, and it is difficult for B to regard B to have voluntarily retired.