중국노동법 (종신고용시대의 인사관리)

02 Personnel Management in the Age of Life Employment

Lifelong employees are not allowed to be fired at will, and unless they have special legal reasons, employment is mandatory until retirement, which inevitably results in a "iron rice bowl." It is easy to predict that job security reduces employees' sense of crisis, relieves work tension and falls into mannerism. To prevent this, the company needs to establish a system of performance and compensation, operate a job tenure system, and respond by reorganizing the personnel management system in a variety of ways.

1. Risk of lifetime employment

A non-fixed labor contract means a labor contract between a company and a worker whose end time has not been fixed. In the case of a non-fixed contractor, the labor contract must continue to be fulfilled except in the event of the emergence of a legal release and termination reason, and can be effectively referred to as "substantially employed." For example, if a male employee who graduated from school and joined at the age of 20 signs a non-fixed contract at the age of 30, he or she will sign a 30-year-old labor contract until the retirement age of 60.
The problem is that China's labor contract must promise labor conditions, such as work content, wages and working points, and the contract modification requires the consent of the staff, so the exercise of the company's personnel rights must be quite limited. To respond to the rapidly changing business environment and maintain competitiveness, companies constantly need to relocate and metabolize their workforce.
As more and more non-fixed contractors are signed in the company, the pressure on the company's management is bound to increase. The main burden of a company from lifetime employment is as follows:

Increased laid-off costs - reduced job elasticity
Unscheduled contracts have no deadline for termination of employment, leading to rigid employment. Although the court says it can be lifted if the reason is met, chances are not high that the cause of dismissal will occur. Of course, it is possible to negotiate a settlement, but in this case, the compensation burden that is higher than the legal standard is inevitable in order to reach a negotiated settlement, as it requires the consent of the staff.

Increased labor costs - increased labor costs due to long-term employment, decreased metabolism
For simple tasks, new employees with lower wages can be employed at the end of the contract to reduce labor costs. However, if employed for life, the level of work performance increases, but wage increases go faster, forcing companies to increase their labor costs day by day. In addition, ten years after entering the company, if you are promoted to a higher position and sign a non-fixed contract, your turnover rate will be drastically reduced. This could lead to a slowdown in the organization by reducing the promotion space for young employees.
Of course, if productivity increases and performance increases under long-term employment, it can be "win-win," but it is possible when the company's personnel system, such as the evaluation/compensation system, is well equipped.

 

A Direction of Lifelong Employment
As shown in the example below, non-fixed contractors usually serve more than 10 years of service. If the company makes a complaint without clear evidence and evidence, the worker can take a share of more than 20 months at a time, so the more likely it is for a company with a loose management system that intentionally commits the act of inducing dismissal.
First of all, the measures include strengthening the high performance system, expanding variable salaries, and establishing a job adjustment system.
It is necessary. In particular, the non-fixed contractor has a long service life, and the layoff course is very high, so it is necessary to control it by the job∙wage adjustment without firing. On the other hand, it is necessary to maintain motivation and work tension through discriminating personnel management based on performance.

[Example] Changes in Service Attitude after Unfixed Contracts
Since this year, our company has more than 10 years of employees and is signing a non-fixed contract. One of them doesn't go to work after 10 days off on the annual holiday, and asks for a raise even though production is only half the way. I don't think he's willing to work, and he's just waiting for the company to fire him, but he's telling me that if he keeps getting fired, he'll get twice as much financial compensation. I don't know what to do to stop it.

 

2. Control of non-fixed contracts

(1) Confirmation of duties suitable for fixed/unfixed contracts

In the case of advanced technical or managerial positions, it is safe to enter into a non-fixed contract because it is a core function of the company, but easily replaceable duties should be limited to fixed contracts only. Depending on the nature of its job, the entity classifies two types of fixed-contract/no-fixed-contract suitable jobs and, in the case of a job to be taken under a fixed-contract employment system, terminates the employment at the expiration of one fixed-contract contract for two to three years, irrespective of the employee’s ability or nature, replaces the employment with a new employees.

(2) Criteria for selecting employees eligible for non-fixed contracts

In reference to the example below, the types and criteria of non-fixed contractable employees suitable for the entity are set and applied, depending on the industry or characteristics of the entity.

(3) Establishing a fixed contract period rationally

When signing the first labor contract, the contract is set at a maximum of three years and the maximum six months of the legal trial period is secured. After identifying the ineligible persons for six months, and after the expiration of the first contract, the city shall conduct a strict evaluation of the employee's performance and performance, and carefully decide whether or not to renew the contract. If a renewal is concluded, for example, the second contract is set at 5-6 years, so the first contract is set to be less than 10 years (more than 10 years, another non-fixed contract requirement is met).

primary fixed contract
ᄋ Term of contract: 13 years
- A full three-year labor contract must be signed so that the trial period can be set up to six months.
ᄋ Inadequate persons during the six-month period of employment shall be removed
ᄋ When the first contract expires
- Comprehensive verification of whether an employee can sign a non-fixed contract one month before the contract is terminated.
- Ineligible employees are mercilessly required to terminate expired labor contracts (e.g. free termination of employment).
Last point)

2nd Fixed Agreement
ᄋ Term of contract: 5 years and 6 years
- Second contract is concluded for key employees who have passed the verification
ᄋ When the second contract expires
- If the employee is judged to be underperforming or unqualified during the second contract period, wage and promotion freeze should be achieved.
Based on data on inducement of voluntary retirement, or failure of performance, the payment of economic compensation is conditional.
inducement of negotiation release
- If the contract has already expired and the requirements for a non-fixed contract have been met, it is difficult to adjust labor conditions, such as wages, duties, and work places, or to renew them due to a significant change in objective circumstances, while pushing for the cancellation of negotiations between economic compensation and economic compensation.

 

(4) Induce the selection of fixed-term labor contracts

When a second garage contract is reached, the entity may enter into a third fixed contract if the employee agrees. The caveat here is that the staff themselves must have evidence that they have chosen a fixed contract. If a third fixed contract is entered into without written evidence, a labour action may be filed later that the non-fixed contract has not been entered into intentionally.

[ Armband (worker) offered me an offer]
As suggested by Eulbang, the two parties agree through negotiation to finalize the term of this Agreement in accordance with the Type I method below.
1. This contract is a fixed-term labor contract. The contract period is from _____月__to______________________________________________________________________________________________________________________________________