대기발령에 관한 법적 고찰

A Study on the Workers placed on the Waiting List

The being placed on the waiting list is the general measure employers take in the process of restructuring or for the necessity of business management, the provisional measure to keep order. This measure is the right employers take in a place of business based on a labor contract, The being placed on the waiting list is the employers' right to direct the work and control the workers in employment relations, but it has many immanent limits and restrictions. It is an important problem that the employers can abuse their right in particular an automatic retirement clause after a fixed term ends of the being on the waiting list and a ban clause for holding more than one office. It is certain that the employers should pay wages for the employees because the being on the waiting list is the employers' right to keep order and control them. Even if the employers pay wages to the employees on the waiting list, they can demand the compensation for the damage against a claim for works in case to left property damage. Because the being on the waiting list come under the illegal act in certain circumstances.