(영문) 수원지방법원 여주지원 2021.01.27 2020가합10106

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 여주지원 2021.01.27 2020가합10106

임금

Text

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

2. The costs of lawsuit shall be borne by the plaintiff (the appointed party).

Reasons

Facts of recognition

Defendant B Limited Partnership Co., Ltd. (hereinafter “Defendant Company”) is a company operating taxi passenger transport business, and Defendant C is a non-representative employee of the Defendant Company, and the Plaintiff et al. entered into a labor contract with the Defendant Company and worked as a taxi driver.

The Plaintiff et al. paid the “amount based on daily transport earnings” from the total daily transport earnings to the Defendant Company as taxi commission, and the remainder of the transport earnings belongs to the Plaintiff et al., and received wages in the fixed taxi commission scheme, which is the method of receiving a fixed wage from the Defendant Company.

On February 4, 2014, the Plaintiff, etc. entered into a wage agreement in 2014 with the Defendant Company as follows, and the wage agreement in 2015 that was entered into around June 4, 2015 also pursuant to Article 1 (Basic Policy) of the Wage Agreement in 2014 and Article 1 (Basic Policy) of the Wage Agreement in 2015 shall provide a monthly wage system corresponding to the amount of the base transport revenue according to the transport revenue by the taxi rate mail, and the selective wage based on the output and output shall be applied in accordance with this Agreement, reflecting the individual labor conditions for each worker.

Article 5 (Work Hours)

1. The daily working hours shall be the prescribed working hours of 10 hours out of the average working hours, and the working hours which have agreed on individual labor with the consent of the chairperson of the representative labor union in accordance with the general binding force shall be the prescribed working hours;

2. The hours of recess shall be freely used by a worker within the hours of dispatch;

3. Monthly working hours shall be the basic class hours;

4. The Company shall in no case be involved in the use of any worker at the time of the dispatch for a free leave of absence.

5. The labor and management may not demand the taxi commission or an additional wage for hours other than the prescribed daily working hours on a voluntary basis.

6. The calculation of the prescribed working hours by type of employment shall be as shown in the attached Form (including April 33 of weekly holidays);

7. The prescribed time per day.

유사 판례

-수원지방법원 여주지원 2021.01.27 2020가합10106

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