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(영문) 창원지방법원진주지원 2015.06.24 2014가합1457
임금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The defendant is a company established for the purpose of manufacturing agricultural machinery and motor vehicle parts, and the plaintiffs are employees belonging to the defendant.

B. Relevant provisions of the collective agreement (hereinafter “instant collective agreement”) concluded between the Defendant and the Plaintiff’s Party B Group C Trade Union (hereinafter “instant Trade Union”) are as follows:

Chapter 4. Working Conditions Article 36 (Working Hours System)

1. The Company shall grant eight hours a week and forty hours a week to the Company, each Saturday shall be paid off, and shall not reduce the existing working conditions on the ground of a reduction of working hours.

Article 37 (Working Hours)

1. The contractual work hours of a company shall be 209 hours a month due to a change of working hours at 40 hours a week in ordinary emergencies, which are necessary for calculating remaining business, night, special circumstances, monthly and monthly allowances, etc.;

Provided, That the basic salary, ordinary salary, and bonus paid monthly shall be paid without changes.

2. The ordinary wage (basic wage: basic wage 】 (240) ordinary allowance) ± (the ordinary wage shall be calculated as 209).

Article 38 (Holiday Work and Working Hours)

1. The company may have its members respect their opinions on overtime, night, or holiday work in accordance with the circumstances of duties;

2. Where a member has performed overtime work, at least 50/100 of ordinary wages shall be paid as overtime work allowances.

3. A company shall pay an additional amount of not less than 50/100 of ordinary wages for night work or holiday work, and shall pay an additional amount of overtime work allowance of not less than 100/100 when overtime work is extended on holidays.

4. At least 50/100 of ordinary wages shall be paid when the person works in the iron market on the following day continuously, and at the time of his/her retirement, it shall be paid, but this shall not apply where the following day is a holiday.

Provided, That where a person continues to work, he/she shall obtain the consent thereof.

5. 100/100 of ordinary wages shall be additionally paid to members on legal holidays and holidays in the Gu administration and the mid-term Section;

Article 39 (Work Hours) Hours of members and meal hours.

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