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(영문) 대구지방법원 2019.08.22 2015가단124993

임금

Text

1. Each of plaintiffs A, B, and C's lawsuits against the defendant L Ltd., and plaintiffs D, E, and F's lawsuits against plaintiffs M.

Reasons

1. Facts of recognition;

A. The Defendants are companies with the purpose of passenger transport business, etc., and the Plaintiffs A, B, and C are those who were employed by the Defendant L Co., Ltd. (hereinafter “Defendant L”), Defendant D, E, and F for the Defendant M Co., Ltd. (hereinafter “Defendant M”), Defendant G, H, I, J, and K as an urban bus driver, who were employed by the Defendant N Co., Ltd. (hereinafter “Defendant N”) and were resigned before February 2015 or went back to the commission post after retirement.

B. While the Plaintiffs were employed in each of the Defendant companies, the labor relationship between the Plaintiffs and the Defendant companies was determined by collective agreements, wage agreements, and labor-management agreement entered into between the Plaintiff’s OFP trade union (hereinafter “trade union”) to which the Plaintiffs belonged and Q business partnership to which the Defendant Company belongs (hereinafter “business partnership”).

C. During the period of their respective employment in the Defendant Company, the Defendant Company paid the Plaintiffs allowances, bonuses, etc. in addition to the basic pay in accordance with the collective agreement and wage agreements, while calculating and paying various allowances, such as overtime work allowances, night work allowances, overtime work days, holiday work allowances, weekly work allowances, day work allowances, annual work allowances, and specific pay holiday allowances (hereinafter collectively referred to as the “each of the above allowances”), by making the basic pay converted into the basic pay for one hour of working hours (hereinafter “basic pay”).

[Ground of recognition] Facts without dispute, Gap 1 and 2 evidence (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The Defendant Company calculated and paid each of the instant allowances to the Plaintiffs based only on the basic pay pursuant to the collective agreement and wage agreement, but the bonus and work allowance also belong to the ordinary wages under the Labor Standards Act. Thus, the hourly ordinary wages, including this, are included in the hourly ordinary wages.

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