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(영문) 서울행정법원 2017.08.18 2016구합80328
부당해고구제재심판정취소
Text

1. On October 13, 2016, the National Labor Relations Commission rendered relief for unfair dismissal between the Plaintiff and the Intervenor’s Intervenor.

Reasons

The Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”) was established on January 4, 1980 and was established on January 4, 1980 and was engaged in bus transport business by ordinarily employing more than 780 workers at Ansan-si.

On April 7, 2015, the Plaintiff prepared a labor contract between the Intervenor and the Intervenor as follows (hereinafter “instant labor contract”) and worked as a driver affiliated with C’s office from April 8, 2015 on the basis of working hours of 17.5 hours per day.

An employment contract for bus driving service between an intervenor company (hereinafter referred to as "A") and an employee of the plaintiff (hereinafter referred to as "B") shall be concluded on the following terms and conditions, and in particular, an employee undertakes to comply with the terms and conditions of the contract with the employer in good faith.

- - Future -

1. Place of employment: Within the place of business of the intervenor company;

2. Occupational categories and duties: Bus drivers;

3. Type of work: Work for 15 days per day, and the number of days of service per month shall be 13 days;

5. Contract term: The first employment period shall be from April 8, 2015 to April 7, 2016, and shall be automatically terminated (retirement) simultaneously with the expiration of the contract term;

However, this contract shall be automatically extended when it is determined as an eligible person by faithfully performing the matters to be observed, such as a written oath, which is an employment condition during the period of time under Article 6 of this contract, and by evaluating the performance during the contract period.

6. Period of probation: The period shall be three months from April 8, 2015 to July 7, 2015, and the period of probation shall be revoked if it is deemed inappropriate to continue work at the expiration of the period of probation;

9. Terms and conditions of employment: Other terms and conditions of employment other than those specified above shall be governed by collective agreements (wages agreements), rules of employment and company regulations.

On March 3, 2016, the Intervenor sent to the Plaintiff a notice of termination of the employment contract, stating that “The instant employment contract is automatically terminated as of April 7, 2016.”

(hereinafter “instant notification”). The Plaintiff on April 15, 2016.

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