15. 중국노동법 (이직절차,이직관리유의사항)

(2) Flow of transfer procedure

 

1 Transfer application
Legally, a full-time employee must apply for a transfer by 30 days' time. If an employee expresses his intention to leave the company, he/she shall apply for his/her resignation through the head of the litigation department. Never accept a transfer application in the form of a verbal, fax, e-mail, or Weissin. This is because a labor lawsuit could be filed later in the day to deny the resignation itself and demand economic compensation.

 

2 Transfer interview
It is generally conducted by the Personnel Department to identify the employee's true intention to leave the company, and in the event of a cumulative complaint, to prevent violent behavior from occurring. In addition, in the case of superior employees, they listen to the terms of the treatment they want and dissuade them from leaving the company, while collecting candid suggestions about the company’s working environment. After the interview, prepare the Transfer Statement [Sample10-2] so that similar turnover issues are not duplicated in the future after reporting.
After the completion of the transfer interview, the personnel department starts the transfer procedure if the employee has confirmed his or her intention to move. Personnel departments notify the concerned departments of the start of the employee turnover process through e-mail.

 

3 Transferred handover stage
After the employee turnover is approved, the department manager designates an intra-departmental task factor to proceed with the transfer of the staff and the transfer of the work. The staff receives the Transfer Statement [Sample10-3] from the Personnel Department and carries out the handover work around the concerned departments according to the flow of the form and receives a confirmation signature. There are frequent situations in which employees transfer from the company without having to return company property such as laptops and cell phones that they received from the company when they entered the company. The general affairs department was created by an employee at the time of employment.
Based on the Receiving Table of Goods [Sample2-13], the office supplies shall be checked for return, and the corresponding amount shall be deducted from the wage settlement for non-refundable goods.
In addition, he/she shall hand over to his/her own personnel in the department about matters related to his/her duties, such as documents, files and customer lists, in accordance with [Sample10-4].

 

4 Wage Settlement Phase
After completing all the transfer factors, the personnel department shall proceed with the payment settlement process with the transfer employees. The settlement of the amount of wages, advance payments, and penalty (such as remaining for the period of mandatory service) of the transfer employees shall be jointly conducted by the Personnel Department and the Treasury Department, and the Employee Wage Settlement Table [Sample 10-5] shall be reported to the general account for approval, and the remaining wages and economic compensation shall be transferred to the employee’s wage bank card.

 

5 Final phase of turnover
Upon completion of the wage settlement, the Personnel Department issues a transfer certificate to the employees and notifies the concerned departments of the completion of the transfer procedure.

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3. Precautions of the turnover phase

Legal risks vary depending on the type of turnover and the situation, and different turnover procedures and legal documents are needed. Whether it is a worker's resource transfer or a company's resignation, it is necessary to grasp the legal relationship and proceed with caution to prevent legal leases from occurring.

 

(1) Unauthorized transfer (self-employed)

Usually, it occurs frequently after holidays such as Spring Festival, when it is relocated to another place. When turnover is not high due to a short service life, it is often absent-minded. If an employee is absent without leave for a long time and cannot be contacted, if the company treats him as a "merciless" and leaves him without taking any legal action, the employee will later file a labor lawsuit against the company.
The cases raised cannot be ruled out. Therefore, in the event of such a situation, it is necessary for the entity to take the following steps to legally terminate the labor relationship.

 

[working-level measures]

1 Identifying the actual conditions of unauthorized absence of employees without leave
In the event of an unauthorized employee absenteeism, the company is required to report to the office by a certain deadline for explanation.
Send the warning letter [Sample10-6] to the employee’s address via EMS.
2 If you continue your absence without leave, the labor contract is canceled due to violation of the employment rules.
If the company fails to leave work by the time limit, it will again.
send somebody notice of dismissal

 

 

(2) Recommended resignation - Dismissing negotiations

The equivalent of Korea’s recommended post is "execution," and in legal terms "de-negotiation." It is a way to save face for employees and minimize legal risks while transferring employees, and lifting negotiations can be applied under any circumstances. Even if the labor law prohibits dismissal, such as during the third term of a woman's pregnancy and breastfeeding period, the two sides can negotiate and cancel labor contracts as much as much as possible.
In general, the negotiation cancellation method is used when there is a need to release the contract before the expiration of the contract due to lack of employee ability or lack of cooperation with other employees, deterioration of the company's management situation, or consolidation of duties. In particular, it is not easy without an internal legal expert to meet the complicated and difficult legal layoff requirements, as the current division is equivalent to the lifting of workers' negligence. In this case, sufficient data (such as results) to support the incompetence of the employee are prepared and provided on the basis of this, leading to the resignation of the recommendation.
If the company offers to resign, strong resistance from the employee is likely to follow, and from the employee's perspective, it is often pushed to "dismiss the law" in order to maximize his or her profits, making demands for economic compensation (two times the economic compensation). In this case, when the company submits its recommended resignation, it is only a "proposal for a negotiated resolution" so that the employee can double the economic compensation.

 

It should be emphasized that what is called for is not legally based. If an employee refuses to comply with the negotiation cancellation request for unreasonable compensation, the pressure level is gradually increased to comply with the company's offer to release negotiations by taking measures such as job adjustment, freeze wages and promotions, and, in the worst case, issue of standby.

In recent years, some Korean factories have been rushing to cut staff, but they have paid twice as much compensation as their employees demanded, making it a practice to get twice as much economic compensation if sent out under company circumstances. This will have a negative impact on labor management in the long run. It is necessary for the company to proceed by negotiating with any extent, but to add about one or two months of compensation from normal economic compensation as an incentive.
On the other hand, if the opponent is a group, once the terms of the negotiation are reversed, there will be more side effects.
As such, employees who accept the terms of the negotiation shall be executed and those who refuse to accept the terms of the negotiation shall be executed in a separate manner (atmospheric issuance, even forced dismissal, etc.) after the issue is terminated.

[working-level measures]

The recommended resignation shall be carried out in accordance with the following flow.

1 Preparedness Work
ᄋ Identifying the employee's employment time, years of service, number of contracts for labor, wage level, work performance, and home situation in advance
ᄋ Prior inspection of legal laws, retirement hours, upper limits on compensation payments, and problems that employees may face during interviews
ᄋ Preparing additional wage compensation measures (one month or more) that are provided as a condition of consent and amount of economic compensation. Adjust the compensation level's pitch according to the length of the service life.

2 Conducting an interview
ᄋ Explanation of unavoidable reasons such as the company's strategic adjustment, personnel adjustment, poor management performance, and pressure on the coast is sought for employee understanding. In this situation, the employee is no longer able to retain his position, so he asks the employee to agree to the termination of negotiations on the labor contract. If an employee agrees to sign a negotiation release agreement, the employee proposes to provide one month's compensation in addition to economic compensation commensurate with his or her years of service.
ᄋ Avoid interrupting an interview with a pre-pre-pre-pre-presenting hole. This is because the opponent next time has the potential to come up with yet another tricky requirement, with advice from an outside lawyer or colleague.
ᄋ Since the opponent is likely to become emotionally enraged, he should listen to any opinion and avoid prematurely contradicting it or arguing.
ᄋ If an employee continues to disagree, he/she shall end the interview by suggesting that development within the company will be difficult.

 

3 Signing written documents
Prepare documents such as Confirmation [Sample10-9] or Transfer Protocol [Sample10-8] in advance and sign them as soon as possible when agreed, so that they can change their minds and avoid other sounds.

(3) Disciplinary dismissal

It means unilaterally lifting labor contracts with workers who committed severe violations of company employment rules. There is no clear evidence of severe violations by employees, and the legal risk of dismissal is very high when the actions do not conform well to the company’s prestigious rules of employment. Therefore, for reasons of non-critical disciplinary action, the interview process often causes employees to submit their resignations without any aftereffects.
However, in the event of serious disciplinary reasons such as beating, embezzlement of public funds, and theft among employees in-house, it is necessary to take drastic disciplinary action to establish a work order, take measures to settle the case in a proper way, even if the chances of winning are low due to lack of evidence of diarrhea, and conduct a long-term legal battle in the court.

[working-level measures]

1 Collect evidence of employee negligence and check the rules of evidence in employment. There's plenty of evidence.
It should be clear, and most likely, it is a document signed by an employee.
2 Forms a disciplinary committee. The committee consists of 5-6 members, including general accounting, personnel manager, department head, direct supervisor, and representatives of employees (public shareholders), and gives employees an opportunity to explain if necessary. The committee decides whether to terminate the labor contract based on the results of the meeting. If necessary, record and record during the disciplinary committee meeting.
3 Personnel Department shall prepare a notice for cancellation of labor contract and send it to the public to receive a signature.
4 Personnel department issues a notice to employees and requires the signature of the employee. If you refuse, you'll be notified to your home.
EMS is sent and the transmission evidence is kept.