Check in 1 minute whether your company's comprehensive wage agreement is legally valid. Based on 2024 Supreme Court precedent; for reference only.
Q1
Does your employment contract (or wage agreement) explicitly mention "comprehensive wage" or a clause bundling overtime, night, and holiday premiums?
A comprehensive wage agreement likely requires an explicit agreement to be valid. Oral agreements must be proven by the employer in a dispute.
Q2
Are the amounts (or formulas) for overtime, night, and holiday premiums itemized separately in the payslip or contract?
The Supreme Court recognizes comprehensive wage agreements only when each premium is distinguishable. A single bundled figure is likely to be deemed invalid.
Q3
Is working time hard to measure due to the calendar, attendance record, or job nature (e.g., remote, field/on-site, sales roles)?
Supreme Court 2020Da219928 treats "difficulty measuring working time" as a core premise of comprehensive wage agreements. Office jobs with measurable time are usually deemed invalid.
Q4
Does the Labor Standards Act calculation of your actual overtime/night/holiday work exceed the comprehensive wage amount?
The excess is not covered by the comprehensive wage. The employee can claim the difference.
Q5
Did the employee agree in writing to the comprehensive wage terms (including electronic signature)?
Implicit consent alone is weak. The 2024 Supreme Court en banc decision strengthens employee protection.
Q6
Is the comprehensive wage agreement less favorable to the employee than the Labor Standards Act calculation?
A disadvantageous agreement is invalid to that extent under Labor Standards Act §15, and the statutory standard applies.
Q7
Does average monthly overtime exceed the 52-hour cap (12 hours per week)?
Exceeding the cap is itself a legal violation, regardless of whether a comprehensive wage agreement exists.
References: Supreme Court 2020Da219928, Labor Standards Act §§15 and 56, 2024 Supreme Court en banc decision update.