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1.(a)
Defendant-Counterclaim Plaintiff (Counterclaim Plaintiff) Taxi Co., Ltd. shall attached Form
2. An entry in paragraphs 1 through 25 of the table of the details of overdue wages; and
Reasons
1. Basic facts
A. The Defendants were companies running regular taxi transportation business in the racing-si, and Plaintiff R 18 Plaintiff Ro worked for Defendant Racing-si Co., Ltd from November 10, 201 to February 28, 201. From March 3, 2011 to August 12, 2011, the Defendants worked for Defendant Samsung-si Co., Ltd..
It is a worker who has been employed by the defendants company as a taxi driver, provided labor, or provided labor up to now.
B. The Defendants’ wage payment system and the Minimum Wage Act amendment 1) The Defendants had their taxi drivers pay a certain amount of the daily total transport income to the Defendants, and the remainder of the transport income (hereinafter “excess transport income”).
(2) According to the collective agreement concluded by the Defendants, the so-called taxi commission scheme, which is the method of taxi drivers’ income, was operated. The fixed working hours were 7 hours per day, 20 minutes per week, and 44 hours per week, and the fixed working hours were 6 hours per day, 40 minutes per day, and 40 hours per week in the case of Defendant Dae-gu taxi company, Defendant Dae-gu taxi company, and Seosung taxi company.
3) Meanwhile, Article 6(5) of the Minimum Wage Act newly established on December 27, 2007 (hereinafter “instant provision”) (hereinafter “instant provision”).
By limiting the scope of wages included in the minimum wage of taxi drivers to “other than wages calculated on the basis of output”, excess taxi earnings cannot be included in the minimum wage. The enforcement date was July 1, 2010 in the city area.
Accordingly, from July 1, 2010, the defendants, who are running business in the racing city, have to pay wages above the minimum wage level only with fixed wage on contractual work hours.
C. On July 29, 2010, the taxi company located in the racing-si area, including the Defendants, and the former National Housing Trade Union, the Machip racing branch from May 2010.