중미 국가의 노사관계 및 노동법제 연구 -과테말라, 엘살바도르, 온두라스를 중심으로-
분야
사회과학 > 법학
저자
이철수 ( Cheol Soo Lee ) , 박귀천 ( Kwi Cheon Park ) , 박은정 ( Eun Jeong Park )
발행기관
이화여자대학교 법학연구소
간행물정보
법학논집 2003년, 제7권 제2호, 117~166페이지(총50페이지)
파일형식
2b600359.pdf [무료 PDF 뷰어 다운로드]
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    In these days, our labor intensive industries in Korea such as fiber and sewing industries are being transferred to the overseas countries. In such a tendency, three countries in the Central America including Guatemala, the Public El Salvador and Honduras which are the subjects of this study provided the companies whose target is to export their goods to America, a motive to find a market in the Central America, because of the following factors: (i) being benefited by no tax pursuant to the Caribbean Sea district development plan; (ii) a geographical condition of a neighboring country of USA, as well as (iii) a factor of a country abundant in cheap labor force. Accordingly, the number of formal investments in their countries currently reached to 100 cases, and the Korean companies of various sizes have invested in these countries. However, actually, the information concerning the investment and the labor related laws for such countries are insufficient. Therefore, the purpose of this study is to introduce the labor management relationship and labor related laws of such countries. In case of the labor laws in Guatemala, the collective labor management relations and individual labor relations are provide for in a law, and the characteristic of each law is as follows. In case of the collective labor management relations, the administrative authority intervenes in the establishment of a labor union or the execution of the collective bargaining agreement. For the establishment of a labor union, the written consents of 20 or more employees are required. The establishment of multiple trade unions is permitted, but joining two or more union is not allowed. Union shop is not allowed, either. With respect to the collective bargaining, the bargaining bodies are unified in accordance with a job type, and general binding power in the local view of the collective bargaining has been introduced. They allow the right to strike to general workers. Unusually, they guarantee the wages during the labor disputes, so the principle of No Work, No Pay is not accepted. For the labor dispute, they have the system under which the labor court judges the lawfulness of the labor dispute in advance. Furthermore, it is provided for in the law that the labor dispute shall not be caused due to the issue related to the conflict for the rights. In order to go on a strike, the employees should go through the procedures of settlement mediation arbitration. The law related to unfair labor practice does not exist. However, the employer shall not interfere the employees in joining or withdrawing from a labor union. Employers are prohibited from dismissing the employees for the reason of their participation in the establishment of a labor union. With respect to the individual labor management relation, the administrative authority is expected to be participated in executing the employment agreement. The reasons for the just dismissal are also prescribed in the law. If an employer intends to dismiss an employee for a reason not provided for in the law, the employer shall pay the separation allowance, differentially in accordance with the consecutive years of service of the employee concerned. Besides, it is unusual that they have introduced the indirect dismissal system under which the employee may terminate his/her employment agreement in cas where there occurs a reason attributable to the employer. They also guarantee the employees`` right for the paid leave, the annual leave and the minimum wage system like Korea. In case of Honduras and the Public El Salvador, their labor laws are similar to those of Guatemala in the view of basic contents thereof. However, there are some differences in the detailed contents. In Honduras, 30 employees are required for the establishment of a labor union, but in the Public El Salvador, 35 employees are required for the establishment of a labor union. With respect to the collective bargaining by the multiple trade union, in Honduras, they have the single multiple delegate system, while in the Public El Salvador, they have the exclusive bargaining delegate system. Unlike Guatemala, Honduras and the Public El Salvador do not have the provision on the payment of wages during the labor disputes. In addition, the three countries are similar in the following aspects: (i) there practically exists the unfair labor practice; (ii) they all provide for the reasions for just dismissal in the law; and (iii) they all have introduced the indirect dismissal system. The countries intends to invest in the said three countries in the Central America is required to pay attention to the following. It is of course important to observe the labor laws of the country in which the companies inteds to invest, and to avoid the unnecessary conflicts with the local employees, However, if the main purpose of their investment is to export their goods to USA, they need to understand that since the owner company of USA who places an order plays a role of labor inspector due to the power of influence of the citizen groups and human right groups of USA, the relationship with the American buyers and the maintenance of proper working environment to the degree requested by such buyers are important factors.
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