최저임금 비교대상임금의 범위 조정

Abstract

In order to decide whether or not to comply with the Minimum Wage Act, the wage to be compared with the minimum wage is called "comparable wage for minimum wage". The current Minimum Wage Act does not include comparable wage as periodic bonus, accommodation fee etc. The problem of expanding inclusion ranges has emerged as an important issue concerning minimum wage. In this article, with regard to the scope of inclusion, we will consider the following matters and develop discussions in the legislative process. First, we evaluate the content recommended by the System Improvement TF of the Minimum Wage Committee, and at the same time present an alternative recommendation. It is recognized that it is necessary to expand the inclusive range of the wage to be compared with the minimum wage. There are limits on both majority opinion and minority opinion of the TF, of "wages paid beyond one month" such as regular bonuses, and complementation is necessary. In order to clarify the scope of inclusion, it is reasonable that most wages are included in the comparable wages. However, in order to be consistent with the purpose of the minimum wage system to stabilize the lives of low-income earners, we must force wages above minimum wages in a short period of earning time. Second, we investigate the relationship between the comparable wage for the minimum wage and the normal wage (that is ordinary and regular wage). It is not appropriate to set the comparable wage similarly to or by the normal wage as it is, without considering the difference between the purpose of the minimum wage system and the purpose of the normal wage system. The range of normal wages presented in terms of interpretation is not appropriate for specifying the range of comparable wage, for which judgment is not easy. Third, we consider changes to shorten the payment cycle of regular bonuses to include in the comparable wage, in light of the purpose of the minimum wage system. Changes that shorten the payment cycle to one month not only do not contravene the purpose of the minimum wage system, but also agree with the purpose of the minimum wage system. In the event that a social consensus is made to change employment rules and collective agreements at business establishments through social dialogue between labor and management, it will be helpful for the stable development of the minimum wage system. Fourth, we consider the discussion of weekly holiday allowance by judging whether or not to violate minimum wage. For the precedents, weekly holiday payments are also included in the comparable wages. The problem of the weekly holiday allowance calculation on comparable wage is solved, as if the weekly holiday shall be unpaid. It is desirable to improve the wage level of low-wage workers by effectively operating the minimum wage system.