중국노동법(종신고용시대의 인사관리 사례)

2. Personnel Management in the Age of Life Employment

In the eighth year of the Labor Contract Act, companies with long-standing history of advancements have already entered into a series of non-regular labor contracts with a considerable number of employees. The fixed contract allows the user to exercise his right to terminate the employment at maturity (no termination of employment at the expiration of the second fixed contract), so the worker also works with some tension, but once the non-fixed contract is signed, the situation changes.
Recently, there have been frequent cases in which some of the employees who are in poor condition have deliberately induced layoffs, aiming to double the economic compensation (economic It is important to be aware that the company's exercise of personnel rights will be constrained over the course of the day unless the company hurriedly reorganizes its in-house personnel and wage systems to adjust their jobs and salaries according to their ability and performance.

(1) Reforming the wage system

See Chapter 8, 01 Performance Shareholder Wage Management

(2) Reforming the high performance system

By establishing a high performance system based on KPI indexes by job, and linking the results with wages and bonuses, the government should improve the treatment of outstanding personnel and ensure that the natural selection of low performers is carried out.

(3) Improving the personnel management system

1 Establishment of job defect criteria
One-sided adjustment of a worker's unconsented duties is possible in the event of a job defect. In this case, downward adjustment can be made to the wage level corresponding to the adjusted function. To this end, the company's employment rules.
For example, it should be preceded by two consecutive failings with a high score of 60 points or a clear commitment to the requirements, such as the result of a serious
To some extent, the task of coordinating a one-way change in accordance with the requirements is:
Relevance should exist. For example, a management staff member may be assigned to a less relevant function, such as a production department.
In case of adjustment, the risk of losing due to unreasonable job adjustment in the event of a labor lawsuit is increased.
It exists.

[Regulations on Job Failure in the Employment Rules (Example)]
Article* Standards and methods of handling job defects
1. The Company shall, on the basis of one of the following principles, confirm whether it is suitable for this position.
1 Employees who fail in consecutive 2nd round of return (out of 100 points, no more than 60 points)
2 In case the body, knowledge, skills, occupational qualification and management level cannot be reached;
3 Circumstances that do not comply with other job requirements　　
2. If an employee is proved to be unfit for duty, the company shall educate or act on the employee.
Adjustment of positions (including rigidity, change of position, etc.) is carried out, and after adjustment of positions of employees, the number of wage pay is finalized in accordance with the principle of "responsible response wages." Employees are trained according to the company regulations, or they are required to report to work at a new post, and if they do not agree to participate in education or adjust their position, the company shall treat them with a standby order.

2 Regulations for demotion/reduction by disciplinary action
If the employment rules clearly stipulate specific reasons for disciplinary actions corresponding to demotion/reduction, and disciplinary procedures, it is possible to realize a reduction in wages through a drop-off.

[Regulations on salary reduction in accordance with the disciplinary action of the Employment Rules (Example)]
Article 6 Robust positions (compulsory)
1. Stiffness (strength) Situation: In the case of one of the following circumstances, the Company may take a firm's position (strength).
(1) In accordance with the Company's system, if punished, he shall have a firm position (level).
(2) Inadequate job performance (including cases where two consecutive reviews and a failure assessment have been received by the semi-annual review)

3 Strengthening the rules of reward and punishment of employment rules
Strengthening the rules on corporal punishment and violating discipline in preparation for possible layoff of non-f
Through strict management of Korea, it is necessary to arrest the actions of life-time employees and prevent malicious misconduct and induction.

4 Design of Unfixed Labor Agreement
No fixed labor contract shall be entered into in the form of a "dead contract" that is as difficult to change as a fixed contract. As the contract can last for decades, a special design is required to enable flexible adjustment of work contents, work locations and labor remuneration. In particular, precise designs such as arrangements for "duty-free" criteria and requirements for atmospheric issuance are needed.

3. The term of office

(1) Problems with non-fixed labor contracts and exercising the right to appoint personnel

[Questioning]
The renewal date of labor contracts for employees with more than 10 years of service is coming soon. Unless you insist on requiring a fixed-term labor contract, you must enter into an indefinite-term labor contract as a company under the Labor Contract Act. For the company’s flexible personnel management, even if the labor contract is "merciless," the "job post and wages" would be adjusted frequently depending on the management situation and the performance of the company, but what legal way could it be?

Under the current labor law, the company may exercise its right to coordinate its duties if it However, if there are employees in the company who can perform their duties more successfully, they are not allowed to adjust their duties at the discretion of the company without the consent of the staff in charge of the current job. The more employees sign non-fixed contracts, the more difficult it will be to coordinate the flexible and maneuverable transition of personnel.

[Problems in stiffening job/wage adjustments]
1 During the period of labor contract, an entity is required to adjust the work position/pay downwards in line with changes in the management situation and the ability of employees to perform their work, but the downward revision requires the consent of workers.
2 Upgrading positions/wages is possible, but if it is difficult to downgrade them leads to reduced work polarity and reduced labor efficiency.
3 If the achievement evaluation is not properly reflected in the position/wage, the deterioration of "early turnover of superior employees - the retention of defective employees" may be widespread.

(2) Separating labor contracts from position contracts

The duration of the labor contract is "merciless," but the length of the contract for the position in charge cannot be "merciless." On the basis of the signing of a non-fixed labor contract, the "occupation" part of the labor contract shall be separately separated and the position shall be adjusted upon the expiration of the tenure of the position every 1-2 years.
Set up a system.

The "Work Contents," a mandatory clause in the labor contract, includes a comprehensive function (e.g., administrative management, sales, production technology, etc.) and establishes a system for the conclusion of "occupation appointment consultation" according to the employee’s performance at a given interval (a year or two) apart from the labor contract. In such a case, the employees' duties are adjusted after consultation with the company every year or two, enabling the company to adjust its flexible duties/wages.
If an agreement is not reached with the employee on the adjustment of the position, the company can indirectly exert pressure on the employee to resign while minimizing the company's labor costs without filing a complaint by leaving the duty unpaid.
In the position appointment consultation document, authorized personnel or rear support personnel who have large workforce liquidity and perform simple repetitive tasks are required.
With the exception of this, it is desirable to have management positions of a certain rank or higher.

(3) Operation of Positioning Appointment System

1 Overview
Based on the employee's personal position and ability, the employee shall operate the contract period separately from the period of employment. An employee may change his or her position several times within the period of the labor contract, based on the appointment cycle established by the company The employment system is generally implemented for non-fixed labor contracts of a certain rank or higher, or long-term labor contracts.
2 Appointment period
It may be performed on a given water supply or higher position once a year or two, or selectively on some specific positions.
3 Method of implementation
Appointment is thoroughly carried out during the appointment period and, depending on the result, the appointment is rescheduled.
(a) if found to be unfit for duty: to switch to another position;
(b) is judged to be qualified for the job;
ᄋ If no other staff is more suitable for the position, it will continue to be visible
ᄋ If there is another employee who is more suitable for the position, the negotiation will lead to another new employee
a turnover to a position If a negotiation is not concluded, a standby issue shall be taken and basic wage shall be paid.

4 Special items
For employees who apply the position employment system, it is required to clearly sign labor contracts in advance.
Agreements shall be made. Upon the conclusion of a labor contract, the contract for employment of the position shall be entered into, in which the employee shall be entitled to the position.
The retention period is set at one year, and one year later, the company's demand for work and the achievement of the workers' position.
The position shall be readjusted according to the assessment results."
Make it an attached document. In addition, the position employment management system and the review process supporting the position employment system
establish and operate a system

[Example of an agreement on the employment system under a labor contract]
In accordance with the agreement between the two parties, the Party retains the right to establish a position appointment agreement based on the details of the Eulbang work, based on the labor contract term, demand for the Party, and actual circumstances of the Eulbang. The term of appointment is shorter than the term of the labor contract, and when the term of appointment expires, the appointment agreement shall be concluded by reviewing whether or not the Eulbang meets the requirements for the position. If the request is not complied with, the party shall have the right to conduct a job adjustment for Eulbang within the scope of the contents of the Eulbang's work and to conclude a separately adjusted job appointment agreement.