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(영문) 인천지방법원 2017.01.24 2015나52510
임금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. Basic facts

A. The defendant is a company running passenger vehicle transportation business, and the plaintiffs are the workers who are employed as bus crew members of the defendant company (class 1).

(b)The terms and conditions of employment under the collective agreement in 2011, and the main contents of the wage agreement in 2011 and the wage calculation table are as follows:

- Article 5 of the collective agreement of 201 [working hours] ① Work hours shall be 40 hours a week in principle, and may be extended up to 52 hours.

Article 6 [Work System] (1) The work system is based on 8 hours a day as a two-time system per day.

Provided, That one-day work may be concurrently conducted by the labor-management agreement, and it shall be treated the same as two-day work per day.

(3) The number of days of full-time work each month shall be 22 days (20 days in February), and when full-time work is performed, various allowances shall be paid.

If a person works for more than 22 days (20 days in February) in the relevant month, he/she shall pay holiday allowances in addition to legal holiday allowances.

Article 12 [Benefits Benefit System] Members' wage system shall be a system of urgency, but the calculation period shall be from the first day of each month to the last day of each month, and the payment shall be made within the 15th day of the following month.

Article 2 of the Wage Agreement of 201 (Period of Wage Calculation) (1) The five-day day per week shall be 9.5 hours including 8 hours of basic labor and 1.5 hours of overtime work.

(2) Time to rest shall be given during working hours.

Article 5 [Overtime Work Allowance and Additional Wage] (1) For overtime work, 150% of the current pay shall be paid.

(2) Night work allowances: It shall be paid in accordance with the wage forecast table, and an amount equivalent to one-hour portion (day wage x 50%) shall be paid for full-time workers and full-time workers.

(3) Week allowances.

1. A basic wage (excluding extended working days) shall be paid to persons who have worked for a prescribed number of days (excluding extended working days) per week;

2. The period of paid leave per week shall be regarded as a opening period;

(4) A company shall have a driver on a 24th day (22th day in February) or more per month in excess of 22 days a monthly work.

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