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(영문) 서울중앙지방법원 2017.09.21 2017가합500360
임금
Text

1. The defendant shall make each of the money in the "total sum" column in attached Form 1 to the plaintiffs and the same as each of them.

Reasons

(b) the facts of the basis;

A. The status of the parties is a company aimed at marine cargo transportation business, etc., and the plaintiffs are those who work in the HH center in the party branch under the defendant's control.

B. The Defendant’s collective agreement, etc.* Collective Agreement (2012) Article 31 (Fictitious Allowances) of the Collective Agreement (2012) provides members with various allowances under the following guidelines:

(1) Allowances for overtime, nights and holidays shall be governed by the Labor Standards Act.

2. Article 38 of the Convention appears to be a clerical error in Article 39 of the Convention.

50/100 of ordinary wages shall be additionally paid for paid holidays specified in the paragraph.

Article 35 (Reward) The defendant shall pay a bonus of 700% per year, and 100% per annum shall be paid as bonus of February, April, June, August, August, October, October, and December, and 50% per annum as bonus.

Article 37 (Standard Work Hours) The work hours shall be based on 8 hours a day and 40 hours a week, but overtime work may be performed in excess of 12 hours a week in consideration of the characteristics of transportation business.

Article 39 (Payment Holidays) The defendant gives members paid holidays as follows:

(1) A weekly holiday. (2) A holiday and a national holiday. (4) A holiday for the establishment of a company shall be held only when there is no fixed holiday in consideration of the public interest of transportation services.

* The definitions of terms used in Article 4 (Definition of Terms) of the Benefit Management Regulations are as follows:

2. The term "ordinary wages" means basic wages (main pay + position allowances) and refers to wages determined to be paid for contractual work hours per month;

In addition, it becomes the criteria for the urgency.

Provided, That in cases of employees implementing the annual salary system, it means the basic salary equivalent to the standard position wage.

4. The term “excess work allowances” means legal allowances for working hours in excess of contractual monthly working hours;

5. The term "wages" means the total amount of overtime allowances for a certain period which is agreed upon by the labor and management.

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