労働契約における当事者意思の考察 : 労働契約法運用における問題点

概要

論文の詳細を見る
Labor Contract is law system that laborer is privileged to protect in order to correct the inequality of social condition among labor relations, that is the contract concluded by Labor Standards Law. But in recent years, the change of social labor environment show autonomous labor form, thus it has been insisted to establish another new labor contract law (not in the Labor Standards Law) in order to correspond this situation. However, this transformation of social labor situation doesn't seem to be true improvisation of social condition for the laborers. Thus it can't be said that Labor Standards Law has completed on its role. Labor Contract Law (that is now argued to discipline labor relations in place of Labor Standards Law) has a premise that Laborer is ranked equal with their employer, thus doesn't have aim to save laborer. Therefore, Enactment of Labor Contract is inadequate for the content that is completely different from Labor Standards Law. This article treats this theoretical validity and study the law theory on the basis of Labor Standards Law to protect Labor Will in case of contract conclusion.
盛岡大学の論文