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(영문) 대구지방법원 서부지원 2018.02.14 2016가단57448

임금

Text

1. The defendant shall state on the part of the plaintiffs except the plaintiff AJ, AX, and B the "amount of tolerance" in attached Form 1.

Reasons

1. Basic facts

A. The Defendant is a company running the taxi passenger transport business, and the Plaintiffs are the persons who were employed by the Defendant company as taxi drivers on each day stated in the “admission Date” column in attached Table 3.

B. The Defendant, through the collective agreement, wage agreement, and labor-management agreement that applies at the Defendant’s workplace, has paid the amount of value-added tax reduction equivalent to 10-120,000 won to the employees including the Plaintiffs who belong to the Defendant Company for a year.

C. Of the collective agreements, wage agreements, and labor-management agreements that apply to the Defendant’s workplace in 2011 and 2013 (hereinafter “instant wage agreements, etc.”) related to the instant case are as follows.

Collective Agreement and Wage Agreement, 201 - Working Hours (Article 16)

1. 근로시간은 휴식시간을 제하고 1일 6⅔시간, 1주일 40시간 기준으로 하고 노사간의 합의에 의하여 1주일에 12시간 한도로 연장 근무할 수 있으며 격일제 근무시에도 휴식시간을 제하고 1일 13⅓ 시간 1주일 40시간을 기준으로 하되 노사간의 합의에 따라 1주일에 12시간 한도로 연장 근무할 수 있다.

- Weekly holidays (Article 22)

1. The company shall allow members at least one paid holiday per week on average;

- Wages of members (Article 29) shall be in accordance with the wage standard table for separate drivers.

- The monthly working days (Article 32) of drivers shall be 25 days per day and 25 days per day, but the number of working days by the sequence of two months shall be recognized as a full attendance in the event that they have worked for a prescribed number of working days by the sequence of two months only.

- The classification of wages (Article 35) shall be basic pay, continuous service pay, work pay, performance rate (work pay), good faith allowance, night work allowance, overtime work allowance, holiday work allowance, and holiday work allowance, and the details of wage calculation shall be as set out in the Schedule.

- 기본급 지급 및 지급 제한(제38조) 기본급은 1일 6⅔시간을 기준하여 산정되는 기본임금을 말하고 이에는 주휴수당이...