통상임금의 입법방향과 쟁점

초록

It is inevitable to put a time limit of ‘one month’ to ordinary wages concerning that it is an exchange of the certain labor at an given point, and the essential existing purpose is to set a in advance instrumental concept to calculate the wage premiums such as the overtime allowances. Therefore it is appropriate to include the period of wage calculation as the key criteria when defining the ordinary wage. And if the money paid to the workers by the employer is the wage as an exchange of their labor, the principle will be to pay the applicable corresponding wage also to the retired employees. Therefore a stringent interpretation shall be required to determine whether a certain wages require the employee to be working at a certain point. Further, even when such condition is required, a careful consideration whether the payment term is valid should be verified from the nature of such wage. Present legal provision provides only the minimum standard for the ordinary wage, and therefore in reality, a consensus exists to include an open requirement that allows the labor-management autonomy to fix the range of the ordinary wages. How should the labor agreement parties and the collective agreements that arbitraries the enforcement law such as the Labor Standards Act be treated? If such labor union has an ability to conclude a collective agreement, it could be judged that the labor and management can reach an agreement of collective arrangements that arbitraries the enforced rules. Finally, the most important legislative challenges shall be how to construct the criteria to exclude the types of payment, and how to set the function of labor-management autonomy.

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