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(영문) 인천지방법원 2020.04.22 2018가단248779
임금
Text

1. The plaintiff (appointed party)'s claim is all dismissed.

2. The costs of litigation are remainder with the Plaintiff (Appointed Party).

Reasons

1. Each argument between the parties on the basis that no dispute arises between them;

가. 원고들은 피고의 근로자들(☞ 버스 운전기사)이었는데, 원고들이 피고에게 각각의 근로를 제공하던 기간인 2015. 10.~2018. 10.경 유효하던 <단체협약서>와 <임금협정서> 중 ‘근로와 임금에 관한 규정’의 주요내용은 다음과 같다.

Article 5 (Working Hours) (1) Work hours shall be 40 hours a week, and overtime work may be performed in excess of 12 hours a week due to the characteristics of transportation business pursuant to Article 59 of the Labor Standards Act.

(2) Where working hours are changed, they shall be determined by an agreement between a representative bargaining trade union and a company according to the characteristics by route.

(3) When working hours are changed, standards for the application rate of changed working hours, etc. shall be set and implemented, and labor or management shall actively endeavor in the implementation thereof.

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

(4) 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, a party party shall be paid.

If a person has worked in excess of 22 days (20 days in February) in the relevant month, he/she shall pay overtime allowances in addition to overtime allowances as a holiday work, and if he/she has worked in excess of 26 days in February (24 days in February) in addition to holiday allowances, he/she shall pay holiday allowances.

Article 7 (Extended, Night Work, Holiday Work, etc.) Company may conduct early attendance, overtime work, and holiday work in accordance with the agreement between the representative bargaining trade union and the company.

Provided, That this shall not apply when a member has a legitimate reason.

Article 8 (Reuted Holidays) (1) A company shall grant members the following paid holidays each day:

1. New Year’s Day;

2. Section 1:

3. Sections 5 and 1;

4. Lighting;

5. Qustones. (2) The paid holiday allowances as referred to in paragraph (1) shall be paid 100 percent of ordinary wages, and those who have worked on the day of the year.

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