Wednesday , May 12 2021

Big Law "When calculating the minimum wage, it includes the holiday allowance, and the paid holiday allowance is removed"



Supreme View Seoul Court Seocho-gu. An accurate picture of a auto parts factory. Not directly related to the article.[중앙포토]

Supreme View Seoul Court Seocho-gu. An accurate picture of a auto parts factory. Not directly related to the article.[중앙포토]

In calculating the minimum wage, the Supreme Court awarded that the daily salary, which is an additional salary given to employees who worked through the week, should include but should be excluded. The paid holiday allowance. Paid holiday allowances between the trade union and the business operator, irrespective of the actual work status are agreed.

The third ruling of the Supreme Court, judge of the Supreme Court Moo Yoo-suk, has announced on November 11 that he had a Japanese T (65) conviction, a representative of auto parts maker in Asan, Chungnam Province, identified as breaking & 39; the minimum wage law. T was responsible for paying W 5543 for an hourly employee A from July to December 2015, and W 5455 per hour B until January 2015 to pay salaries less than the minimum wage (5580 won). The company employs more than 650 employees.

In the meantime, in the first case, the question was whether the fixed rate holiday allowance corresponding to "4 hours on Saturday" had included in the salary for the minimum calculation hourly salary salary The Court concluded that "a weekly allowance (8 hours on Sundays) included in the basic salary is paid to employees who have worked for a week and are considered a payment for specified work, included in the wage for the minimum wage, It has not included because it can not be considered paid for specific work regardless of whether the employee has a prescribed work. "

If you count the hourly pay by deducting the fixed salary allowance of the monthly pay base, you can calculate the hourly pay by dividing the pay by the fixed working hours. B has won 5955, he won C 5618 (from January to October 2015) or he won 5860 December, and does not amount to the minimum wage. By dividing the average hourly salary per monthly salary rate, the average hourly hourly salary for the 4 hours on Saturday is 17.38 hours, which means the average hourly salary is charged.

The Supreme Court also confirmed the innocence, saying, "There is no illegal act misinterpreting the law on calculating the comparable salaries set by the Minimum Wage Act.

Kim Min-can, reporter [email protected]



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