工作時間乃最主要的勞動條件之一，不論對於雇主或是勞工而言，都是勞資關係中重要的問題。在工作時間的爭議中，較常見者，便是加班費之爭議。其中，勞資之間對於工資已約定每月給付定額工資，該工資包含加班費部分時，勞工對於延長工時或是例假日工作可否再請求加給之問題，受到關注。目前法院實務認為勞雇雙方於勞動契約成立時即約定例假、國定假日及延長工時之工資給付方式，且所約定工資又未低於基本工資加計假日、延長工時工資之總額時，即不應認為違反勞動基準法之規定，勞雇雙方自應受其拘束，勞方事後不得任意翻異，更行請求例休假日及延長工時之加班工資。
本文認為勞基法第 24 條與第 39 條已針對延長工時工資以及例假日工資之計算標準進行規定。該規定為最低標準且屬強制規定，除非所約定的計算標準高於同法之規定，不然應不可任由當事人約定排除。且從日本法的經驗可知，該國對於此問題亦是以加班費是否已依照法律所規定的額度進行支付作為判斷基準，也值得我國參考。

The working time is one of the essential labor conditions. How to definethe working time is also an important issue concerning the relationship betweenemployers and employees which they should think about. Among the disputesregarding the working time, the “overtime work” is always a major issue to befocused on. In a case that a monthly fixed salary which includes the overtimepayments has been agreed by a employer and a employee, then there arise anissue concerning whether the employee can request a overtime payment for hisor her overtime hours or the routine holidays. The court currently holds that theagreement which the employer and the employee has entered into should notviolate the Labor Standards Act, if such agreement has set forth the methods inpaying the salary for the routine holidays, the national holidays and theovertime at the beginning of contracting the labor agreement and the salary isnot lower than the aggregate amount of the basic salary and the salary for theholidays and the overtime. Accordingly, the said agreement should be bindingon the employer and the employee and the employee should not overturn theagreement to further request the overtime salary for the holidays and theovertime hours.
However, this Article is of the opinion that it is allowable for thecontracting parties to overturn the original agreement, since the calculationmethod regarding the salary payment for the overtime and the holidays set forthin of Articles 24 and 39 of the Labor Standards Act is the mandatory minimumstandard, unless the calculation manner set forth in the original agreement ismore in favor to the labor than that in the Act. Moreover, we can learn suchconcept by referring to the Japanese experience which provides the method toexamine the overtime payment in accordance with the amount under the laws.