대법원 판례는 “회사가 분할하는 경우 근로관계는 분할로 인해 신

대법원 판례는 “회사가 분할하는 경우 근로관계는 분할로 인해 신설되는 회사에 포괄적으로 승계” 되고, 분할이 근로기준법상 해고제한을 회피하기 위한 것이라는 특별한 사정이 있는 경우에는, 해당 근로자는 반대의사를 표시함으로써 근로관계의 승계를 거부하고 분할하는 회사에 잔류할 수 있다(2011두4282).”라는 입장을 취하고 있다.

회사가 분할됨으로 인해 기존 근로자와의 근로관계는 단절이 되는 것이 아니라 신설되는 회사로 승계된다는 것인 바,“분명한 것은 회사분할이 소속 근로자를 해고할 수 있는 법률상 정당한 이유가 아니라는 것이다.”

그 보직만을 위하여 채용된 것이 아닌 이상 보직소멸은 해고사유는 될 수 없고, 다만 당사가 소속 근로자가 적합한 보직을 찾을 기간 동안 한시적으로 대기발령을 할 수 있는 사유가 될 뿐이다

만약 당사가 소속 근로자에게 사직권고거부에 대한 보복적 조치로서 대기발령을 한다면, 그 대기발령은 업무상 필요성이 아닌 소속 근로자의 퇴사를 압박하기 위한 수단에서 비롯된 것으로 노동위원회 구제신청을 통하면 법률상 부당하다고 판정될 것이다.

결과 (영어) 1:

If you divide the Supreme Court judgments "company labor relationship is partly due to the new company a comprehensive succession", and split to circumvent the limit by labor standards law that if you have special circumstances, as opposed to its workers by labor relations, see a doctor refuses a succession of companies that are capable of remaining in split (2011 two 4282 forest incense building). "Is taking a stance.Due to the company split the working relationship of the disconnection of existing workers and the new company will be a succession of bars, "it is clear that the company split this affiliation can fire workers is not the legal legitimate reason."He is not employed to initiate only discharged over the reason for the dismissal cannot be destroyed, not just a company belonging to the worker during the period of time you find appropriate, many as the wait can sometimes be reassigned as well.If we belong to the workers in retaliation for refusing to resign as the recommendations have been issued in standby, the standby need not belong to the business of the workers left the company ordered pressure stems from a means to apply for remedies through the legal Council of labor as unfair judging.

결과 (영어) 2:

Supreme Court is "if the company succeeded in dividing the working relationship is a comprehensive company which is established due to the split," and, if there are special circumstances which would split the Labor Standards Law to avoid layoffs limits, the workers opposition can be retained for a company that refuses to divide the succession of the employment relationship by showing (2011 both 4282), "has taken a position that. doemeuro company is divided because of that working relationship is established with existing employees, rather than the disconnect company "Clearly, the company will split this is not a legal justification to dismiss workers belonging" to the bar, that the successor to its positions adopted unless it is solely for the dismissal positions can not be destroyed, just us The only reason that can be issued for a limited time period of waiting to find positions for workers belonging to wait if we issued a retaliatory action for denial of counsel resigned to belong to workers, the atmosphere is not a business necessity issued When you apply for redress through labor committee to be derived from the means to put pressure on the retirement of their workers will be judged unfairly by law.

결과 (영어) 3:

The Supreme Court ruling "company if Partitioning of labor relations as a result of the partition in the newly established company comprehensive succession" and splits, restrictions on layoffs to avoid the labor law that if you have special circumstances, the worker is the opposition to the display of the Succession by refusing to work with a company in the little Split (two 4282 2011. "take that. Top
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Due to the split of the company's existing employees working relationship to be cut off from the newly established company, succession from that, "It is clear from the company division to fire those workers can legally be a reason for not one of them. back to top
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he "hired for positions that is not destroyed more than the position cannot be a reason for layoff, but the headquarters of the workers are appropriate to find the position during the waiting list for a limited time can only be grounds for an ㅜIf the headquarters of the workers to resign for refusing to recommend retaliatory measures relieved as if the waiting list is not a business necessity for the workers of the company in order to pressure from a means to apply for relief through the Labor Relations Commission legally unfair decision. Top
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