英文摘要
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The overtime pay regulation under the Labor Standard Act (LSA), including overtime wages (para. 1, art. 24), wages for work on resting days (para. 2~3, art. 24) and wages for work on holidays (sentence 2~3, art. 39), is to make overtime work more expensive and dissuade employers from having employees to work excessively long hours. However, under the interpretation of Ministry of Labor and lower courts, the basis of overtime pay for employees who receive monthly salary has long been underestimated, and for piece workers and employees who are paid basing on performance, the rules are still unclear. This essay will propose solutions for these problems under LSA. Furthermore, employers developed various pay structures, such as paying fixed salary or bonus, the legality of these structures is also under dispute. The Supreme Court check these pay structures with the widely criticized "Minimum Wage Test". This essay will also trace the origin and development of the "Minimum Wage Test", comparing it with the Japanese case-law, pointing out its pro and cons, and finally concluding with an alternative solution.
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