Earticle

초록

영어

I intend to introduce an additional payment system of the Japan. Labor Standards Act provides that an employer should pay an additional payment of more than twenty five percent of regular wage for extended work and night work and an additional payment of more than thirty five percent of regular wage for paid holiday work per week(only one day per week. hereinafter referred to paid holiday work) in Section 37(1). Simultaneously where an employer failed to pay the additional payment to an employee concerned, the Court should order the additional payment and could order liquidated damages less than or equal to the additional payment(LSA Section 114) with its discretion. Special features of the additional payment system are as follows: First, according to interpretation of the Labor Administration, a holiday work means only paid holiday work which is generally a Sunday work. So even where an employee does a paid holiday work, an employer does not need to pay an additional payment for extended work but only needs to pay an additional payment of more than thirty five percent of regular wage for the work. Second, where an employee does a night work(generally from 10 p.m. to 5 a.m.), an employer should pay an additional payment for night work to an employee concerned. Furthermore, where the extended work gets to the night work, an employer should pay an additional payment both for extended work and for night work. Third, where an employee does an extended work in excess of eight hours in a day or forty hours in a week on holidays that are not paid holidays, an employer should pay the additional payment for extended work as well.

목차

Ⅰ. 서설
 Ⅱ. 일본 노동기준법(労働基準法)상 근로시간 및가산임금제도
 Ⅲ. 일본 연장근로 논의 상황
 Ⅳ. 가산임금과 사례ㆍ행정해석 및 특징
 Ⅴ. 결론
 참고문헌
 Abstract

키워드

저자

• 송강직 [ Song, Kang-Jik | 동아대학교 법학전문대학원 교수. ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  노동법논총 [The Journal of Labor Law]

• 간기

  연3회

• pISSN

  1229-4314

• 수록기간

  1998~2025

• 등재여부

  KCI 등재

• 십진분류

  KDC 336 DDC 363