beta
Text
1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.
Reasons
1. The part on the claim for holiday work premium pay, except for the portion on the claim for holiday work premium pay, in the second instance prior to the Plaintiff’s remanding, is determined by the judgment of remanding, and is excluded from the scope of this court’s trial. Thus, only the portion on the claim for holiday work premium
2. Basic facts
A. The defendant is a company established for the purpose of urban bus transportation business around June 14, 2004, and the plaintiff is a person who served as an urban bus driver from around July 1, 2004 as the defendant's urban bus driver.
B. From February 1, 2010 to January 31, 2014, the Defendant paid wages to affiliated drivers in accordance with the wage agreement signed between C and D Trade Union.
According to each of the above wage agreements, in a collective agreement, etc. that applies to the Plaintiff on an extended working day, the working system for drivers shall be the two-day system per day, based on 40-hour work per week, and the same shall apply to 5 hours per week overtime work, 1 day off per week, 1 day off per week, and 1 day off, and the day on which the above overtime work takes place shall be the extended working day.
Labor shall be performed inside and outside of five hours per week, but it is stipulated that workers who want overtime work may be given an opportunity to work on board for at least one day.
At the request of workers, the defendant has been operating 10 hours a month so that he can work en bloc once a month in consideration of the frequency of commuting, etc.
C. The Plaintiff was driving an urban bus three times on the extended working day according to the Defendant’s allocation criteria, and the Defendant paid overtime allowances on the extended working day of the Plaintiff based on ten hours per day.
[Ground of recognition] Facts without dispute, evidence Nos. 1-3, 7-7, entry of evidence Nos. 1-2 and 1-2, the purport of the whole pleadings
3. The parties' assertion
A. The Plaintiff’s assertion is an excessive working time among the extended working days from February 2, 2012 to October 2013, 2013.