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Judgment note · not your case

No approval, and the responsibility-system deal cannot opt out of hours and overtime.

Constitutional Court · Interpretation No. 726 · Announced 21 November 2014

01

What the decision said

The interpretation says the separate agreement under Labor Standards Act §84-1 must be filed with the local authority for approval, and that filing rule is mandatory. Without approval, the agreement cannot set aside §§30, 32, 36, 37, and 49. In a civil dispute the court adjusts those terms and counts wages under §§24 and 39. This line favors the worker. An employer uses it to check papers, not to claim that overtime is already blocked.

02

What an employer can sort first

  1. 1Find the central authority’s announcement and confirm the title is on the list.
  2. 2Find the written agreement. No writing, stop here.
  3. 3Find the approval letter. If the three papers are not together, do not write that it is already a responsibility system.

03

Read the full text

Open Interpretation No. 726

Different facts, different result. Do not lay this onto your people, dates, or letters.

Next → A termination during injury treatment was opened and sent back.

Not legal advice, and not a representative of either side.