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(영문) 서울고등법원 2016.09.09 2014나2035363

임금

Text

1. The plaintiff (appointed party) and the attached Form against the defendant among the judgment of the first instance;

1. For the designated parties to the list of names of the designated parties.

Reasons

1. Basic facts

A. The defendant is a company running urban bus passenger transportation business, etc., and the plaintiff et al. is attached Form

2. The “date of admission” in the list of cited amounts refers to those who were employed by the defendant company on each corresponding date and have served as an urban bus driver until now.

On September 30, 2011, the Selection C retired from the Defendant Company, but re-entered on April 1, 2012, and the Selection D retired from the Defendant Company on January 31, 2011, but re-entered on July 1, 201.

B. The contents of a collective agreement are determined pursuant to a collective agreement concluded between the defendant and the defendant labor union regarding wages paid to the employees belonging to the defendant. The key contents of the collective agreement applied from May 1, 2010 to April 30, 2013 are as follows.

In principle, working hours under Article 5 of a collective agreement in 2010 ( dated January 28, 2010) shall be 40 hours a week, but may be extended by up to 16 hours a week, considering the special characteristics of public services (traffic services).

Provided, That where it is inevitable in the supply of and demand for the personnel by the rate of severance, the driver shall provide overtime service and pay various allowances determined by the Act.

Article 6 Extension, holidays, and night work companies may, upon consultation between labor and management, engage in early sunrise, overtime work, and night work.

Provided, That for night work, one hour for night work and one hour for full-time workers in p.m. (City level x 50%) shall be added to the comprehensive wage system.

Article 7 Work System shall be a two-day system and shall be a five-day work per week and a one-day work system in principle.

Provided, That work on a daily basis may be concurrently conducted through labor-management consultation.

Article XIII Wages Agreement 1) Regular : A fixed-term period period period of 6,536 won at the present. Article XIII: bonus of 5,867.72 won at the present time. 1. A company shall pay monthly bonuses of 600% of basic salary to regular drivers who are in office by dividing them into 1/12.

(2) Bonuses shall not be paid to fixed-term drivers.

(3) A person subject to temporary retirement shall be only during the period of temporary retirement.