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대구지방법원영덕지원 2016.12.08 2015가합1156
고용관계존재확인 등
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Korea E Co., Ltd. (hereinafter “E”) has concluded a service contract with an outsourcing service company on a one-year or two-year basis with respect to each of the cleaning services of F 1 power plants, 2 power plants, 3 power plants, main and official housing facilities.

B. From September 1, 2013 to September 1, 2013, an outsourcing service provider that entered into a contract with E with respect to cleaning services at the first power plant (hereinafter “instant cleaning services”) is as follows, and the Plaintiffs were working from G to August 31, 2014.

B From September 1, 2013 to August 31, 2014, G H from September 1, 2014 to August 31, 2015, the period from September 1, 2015 to August 31, 2015, H from September 1, 2015 to August 31, 2016, the period from September 1, 2016 to August 31, 2017

C. Meanwhile, on September 1, 2014, J, the representative of H, refused employment succession to four workers, including the Plaintiffs, among 23 workers employed in G on September 1, 2014, and conducted the instant cleaning services by August 31, 2015 by newly employing K, L, M, and N.

Ⅱ. General specifications Article 10 (Employment, Retirement, and Dismissal of Employees) (1) When intending to employ an employee, the other party to the contract shall employ only a person who is able to perform the work in question, and shall succeed to the employment of the employee who has been in service as long as it does not fall under any of the following:

Ⅲ Special contract specifications

4. Cleaning number; and

(a) At the time of the commencement, the personal information of the input personnel shall be submitted, and the number of persons appropriated for the design shall be input;

The number of workers engaged in the occupational labor in the middle-class workers' training room 21 23

(b)The number of staff to be invested by the contractor for the implementation of this service shall be as follows:

When securing cleaning service workers, the contractor shall, in principle, re-employed employees of the existing cleaning company, in consideration of the special characteristics of the nuclear power plant, unless it falls under any of the following subparagraphs, and where it is impossible to supply neighboring residents, it shall employ neighboring residents of the power plant, but it shall be another area.

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