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(영문) 서울동부지방법원 2019.10.16 2019나22922
임금
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. The Defendant is a corporation operating passenger transport business, etc., and is classified into “convenient bus driving service”, which is a contractual worker, “convenient bus driving service” for drivers who have passed the retirement age, and “city bus driving service”, and the circular bus driving service is a relatively small bus driving service compared with the bus driving service.

B. The Plaintiffs joined each of the Defendant’s circular bus driving positions as listed below, but the contract period expires, respectively, and thereafter, entered each of the city bus driving positions.

Plaintiff

On August 14, 2006, the expiration date of the contract for membership of urban bus driving workers in circular bus driving service, A. B. December 18, 2007, 207, August 14, 2007, and December 18, 2007, December 18, 2008, C. 31, 201, July 31, 2010, July 31, 2011, E. 1, 2010, October 26, 2011.

The G Trade Union, to which the Defendant’s F Union and the Defendant’s D Branch (hereinafter “Defendant’s Trade Union”) belong, has introduced the salary class system around July 2006 through the wage agreement, etc., and the major contents related to the instant case in the collective agreement in 2006 concluded at that time are as follows:

Article 6 (Labor-Management Council) A Labor-Management Council shall be established between a company and its branch offices (trade union).

No matters concerning wages shall be dealt with.

Provided, That the bus driver's wages with a difference of charges shall be determined by the small-scale labor-management council of the workplace.

Article 14 (Annual Leave) (1) A company shall grant 15-day paid leave in cases where the number of working days for one year from the date of employment is at least 80%.

(7) Leave under paragraphs (1) through (4) shall be extinguished unless exercised within one year.

Provided, That if it is not used due to a cause attributable to the company, allowances may be substituted.

Article 28-2 (Restriction on Use of Contract Positions) Where a company employs a driver (members) as a contract worker, it shall be deemed that he/she has been employed from the first entry date and shall be disadvantageous to wages.

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