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| TITLE | Supreme Court en banc Decision 2016Da2451 Decided April 18, 2019【Wage】 [full Text] |
|---|---|
| Summary | |
| Validity of the agreement that the taxi company (employer) made with the taxi driver labor union to reduce only contractual work hours, without changing the actual working environment or work hours, to appear as if it was increasing the amount of fixed hourly wages calculated based on contractual work hours when, in fact, the employer intended to avoid having the fixed wage amount, excluding wages calculated based on the output pursuant to the fixed daily rate out of the incoming fares that taxi drivers pay to the taxi company, hover below the minimum wage in line with the enactment of Article 6(5) of the Minimum Wage Act that was amended by Act No. 8964 on March 21, 2008 (held: invalid) and whether this legal doctrine is likewise applicable in a case where an employer revises the rules of employment on reducing contractual work hours based on consent from a majority of the labor union, which are mostly comprised of taxi drivers, or employees (affirmative) | |
