2023 프라임법학원 노동법강론

P A R T 01 노동법 총론
Chapter 01 노동법의 법원 ·················································································4

P A R T 02 개별적 근로관계법
제1장 근로기준법 총칙 12
Chapter 02 근로기준법상의 근로자 ·································································12
Chapter 03 근로기준법상의 사용자 ·································································21
Chapter 04 근로관계에 대한 기본 원칙 ··························································26
Chapter 05 노동법상 차별금지 ········································································35
Chapter 06 근로기준법의 적용 범위 ·······························································44
제2장 근로관계의 성립 48
Chapter 07 근로계약 당사자의 권리·의무 ······················································48
Chapter 08 근로계약의 효력 ···········································································55
Chapter 09 근로조건 명시 의무 ·······································································57
Chapter 10 위약 예정의 금지 ··········································································60
Chapter 11 전차금 상계금지 및 강제 저금의 금지 ·········································66
Chapter 12 채용내정 ·······················································································68
Chapter 13 시용 ·······························································································73
제3장 취업규칙 77
Chapter 14 취업규칙 ························································································77
Chapter 15 취업규칙 불이익 변경 ···································································84
제4장 임금 97
Chapter 16 임금의 개념 ···················································································97
Chapter 17 평균임금 ······················································································104
Chapter 18 통상임금 ·······················································································111
Chapter 19 임금지급의 원칙 ··········································································120
Chapter 20 휴업수당 ······················································································132
Chapter 21 임금채권 우선변제 ······································································136
제5장 근로시간과 휴식 142
Chapter 22 근로시간 ······················································································142
Chapter 23 휴게와 휴일 ·················································································147
Chapter 24 가산임금 ······················································································153
Chapter 25 포괄임금제 ··················································································156
Chapter 26 연차 유급휴가 ·············································································159
제6장 인사 및 징계 171
Chapter 27 전직 ······························································································171
Chapter 28 전적 ·····························································································176
Chapter 29 휴직 ······························································································181
Chapter 30 직위해제(대기발령) ·····································································186
Chapter 31 징계 ······························································································191
제7장 사업주의 변경과 근로관계의 이전 210
Chapter 32 회사 합병과 분할 ········································································210
Chapter 33 사업양도(영업양도) ······································································214
제8장 근로관계의 종료 222
Chapter 34 해고의 제한 ···············································································222
Chapter 35 경영상 이유에 의한 해고 ····························································229
Chapter 36 해고 시기의 제한 ········································································240
Chapter 37 해고 절차의 제한 ········································································243
Chapter 38 해고 이외의 근로관계 종료사유 ·················································250
Chapter 39 부당해고 등의 구제 ·····································································257
Chapter 40 퇴직급여제도 ··············································································269
Chapter 41 금품청산 ······················································································277

P A R T 03 비정규 근로자 보호
Chapter 42 기간제근로자의 보호 ··································································280
Chapter 43 단시간근로자의 보호 ··································································292
Chapter 44 파견근로자의 보호 ······································································296
Chapter 45 비정규직의 차별적 처우 금지 ·····················································308

P A R T 04 재해보상
Chapter 46 재해보상제도 개괄 ······································································320
Chapter 47 업무상 재해 ················································································324

P A R T 05 집단적 노사관계법
제1장 노조법 총칙 336
Chapter 48 노조법상의 근로자 ······································································336
Chapter 49 노조법상의 사용자 ······································································342
제2장 노동조합 345
Chapter 50 노동조합 총설 ·············································································345
Chapter 51 노동조합의 설립요건 ··································································348
Chapter 52 노조법 제2조 제4호 라목과 종사근로자 ····································360
Chapter 53 법외조합(법외노조) ·····································································365
Chapter 54 조합원의 지위와 의무, 조직강제 ················································369
Chapter 55 노동조합의 운영 ·········································································379
Chapter 56 노동조합의 통제권(내부통제권) ··················································388
Chapter 57 조합활동의 정당성 ······································································392
Chapter 58 노조전임자와 근로시간면제제도 ·················································401
Chapter 59 조합비 공제제도(Check-Off) ······················································412
Chapter 60 노동조합의 조직변동 ···································································415
Chapter 61 노동조합의 조직형태변경 ····························································419
제3장 단체교섭 423
Chapter 62 단체교섭의 의의 및 방식 ····························································423
Chapter 63 단체교섭의 당사자와 담당자, 단체교섭 위임의 제한 ·················426
Chapter 64 복수노조와 교섭창구단일화 ······················································432
Chapter 65 공정대표의무 ··············································································441
Chapter 66 단체교섭의 대상 ········································································445
Chapter 67 단체교섭의 방법과 위반 시 구제 ·················································451
제4장 단체협약 456
Chapter 68 단체협약의 의의와 성립 ·····························································456
Chapter 69 단체협약의 효력 및 효력확장제도 ··············································464
Chapter 70 단체협약의 해석 및 관련 쟁점 ····················································477
Chapter 71 단체협약의 실효 ·········································································485
제5장 노동쟁의 490
Chapter 72 노동쟁의의 개념 ·········································································490
Chapter 73 쟁의행위와 준법투쟁 ··································································493
Chapter 74 쟁의행위에 대한 보호 ·································································499
Chapter 75 쟁의행위의 제한, 금지법규 ························································506
Chapter 76 쟁의행위의 정당성 ······································································516
Chapter 77 쟁의행위와 책임 ··········································································531
Chapter 78 쟁의행위에 대한 사용자의 대항수단(직장폐쇄) ··························538
제6장 부당노동행위 543
Chapter 79 부당노동행위 개괄 ······································································543
Chapter 80 불이익취급 ··················································································548
Chapter 81 반조합계약 ··················································································556
Chapter 82 단체교섭의 거부·해태 ································································559
Chapter 83 노동조합에 대한 지배·개입 ························································562
Chapter 84 부당노동행위에 대한 행정적 구제 ··············································573
제7장 공무원·교원 노사관계 578
Chapter 85 공무원 및 교원의 노사관계 ························································578