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(영문) 서울행정법원 2015.11.13 2015구합63975
부당해고구제재심판정취소
Text

1. On April 13, 2015, the National Labor Relations Commission rendered the Central Labor Relations Commission’s decision 2015 Section B between the Plaintiff and the Defendant joining the Defendant, and 233 (Joint).

Reasons

On November 17, 2005, Plaintiff Company was established for the purpose of cleaning service business, etc. and used 40 full-time workers.

The Intervenor C entered into an employment contract with the Plaintiff on January 14, 2009, and the Intervenor B entered into a one-year contract with the Plaintiff on October 1, 2009, respectively, and the Plaintiff Company was employed as a cleaning worker for the street cleaning service business conducted by the Plaintiff Company on consignment.

The labor contract between the intervenor and the plaintiff company was subsequently renewed, but the written contract was not prepared until February 7, 2013.

[Supplementary Measures against Fixed-Term and Part-Time Workers Act at the time of entering into an employment contract with the Plaintiff Company (hereinafter “ Fixed-Term Act”)

As the Act on Prohibition of Age Discrimination in Employment and Elderly Employment Promotion (amended by Act No. 8962 on March 21, 2008, the name of the law was also revised as well as the same.

(1) Article 2 Subparag. 1 of the Enforcement Decree of the same Act and Article 2 Subparag. 1 of the Enforcement Decree of the same Act are the aged, and thus, they shall not be converted to an employee who entered into an employment contract with no fixed period of time exceeding two years). Article 64 of the Rules of Employment of the Plaintiff Company sets forth the following day after reaching the age of

The Intervenor C, August 1, 2010, and the Intervenor B, on March 9, 2012, reached the age of 60, but thereafter, provided the same work as before for the Plaintiff Company.

On February 7, 2013, the intervenors entered into in writing an annual salary employment contract between the Plaintiff Company and the Plaintiff Company from January 1, 2013 to December 31, 2013.

Plaintiff

On November 18, 2013, the company notified the Intervenor that the employment relationship will automatically be terminated upon the lapse of the contract period stipulated in the above annual salary employment contract, since the Intervenor's retirement age has exceeded the retirement age.

However, the Plaintiff Company is separate from the Intervenor after January 1, 2014.

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