중국노동법(근태관리, 근무시간제도 등)

01 Absenteeism and tardiness management

 

The most basic way for a company to proceed with its management of workers is to require employees to commute on time. If there were no constraints on myopia assessment, employees would be less time-conscious, and if the time-concepts of the organization’s members were loosened, it would inevitably lead to a lack of discipline in the workplace, as well as reduced work efficiency throughout the organization, and waste of time resources.

1. Overview of Absenteeism and Absenteeism

Absenteeism and tardiness management refers to the task of checking, processing and analyzing the attendance status of employees, such as commuting, late attendance, absenteeism, vacation acquisition and overtime work. Absenteeism and tardiness records are the basis for calculating labor compensation and are used as important evidence that must be submitted in court in the event of a labor lawsuit.

(1) Absenteeism and tardiness management method

There are various methods of absenteeism and tardiness inspection as shown below. An entity may choose the appropriate method depending on its business characteristics, size of personnel and job characteristics.
　　 Comparison of typical absenteeism and tardiness methods
Advantages of Absenteeism and Absence of Absenteeism and Absence
Difficulty in falsifying the records of absenteeism and labor disputes, signature requires supervision of the personnel who specialize in evidence capability and is applied to the workplaces of the few employees who are busy with statistics.
Time Recorder High maintenance cost due to the use of time cards applicable to any type of business. Small business establishment with easy proxy check, non-credit card or frequent loss
ID Access Card S/W facilitates statistical aggregation. Large-scale access to or access to a credit card can be conveniently checked.
Frequent card failure and loss situations suitable for work places isolated from outside
Fingerprint recognition check: Difficult to operate false information, convenient check speed for statistical aggregation due to S/W, and possible recognition failure due to weather factors
Mobile phone S/W Checkout outside of work combined with the location measurement function of the smartphone, such as a dependent salesman.

Prevention of Absenteeism of Absenteeism and Absenteeism
The manipulation of absenteeism and tardiness checks is widespread in the labor scene. Time recorders and ID cards are easy to check by proxy, and in the case of fingerprint recognition absenteeism and tardiness, they make silicon fingerprints and make proxy checks to other employees to earn extra money.
To prevent and ensure evidence of such absenteeism and tardiness, the entity needs the following preventive measures.
1 Strict punitive measures against absenteeism are specified in the employment rules.
[Example] Check absenteeism and tardiness cards on behalf of others, or check absenteeism and tardiness cards with others
If consigned (one: written warning, two: contract cancellation)
2 CCTVs are installed around the muscle tone inspection machine to record employee absenteeism and tardiness check activities.

Preparation of monthly absenteeism and tardiness inspection table
Before monthly wages are paid, it is necessary to compile a comprehensive monthly absenteeism and tardiness inspection record of each department's staff, overtime and vacation conditions. The completed summary sheet shall be sent to each department to obtain the employee's signature and pay the wages based on it.
Recently, most companies have been conducting fingerprint or IC card-based absenteeism and tardiness checks. Nevertheless, the records of absenteeism and tardiness that the company submits out of the electronic muscle record system in the event of a labor action are not adopted in the case of a labor action unless the worker acknowledges them because of their operability.
Therefore, it is desirable for electronic absenteeism and tardiness management to produce monthly absenteeism and tardiness record data, prepare the monthly absenteeism and check employee’s signature, and calculate the monthly salary based on that. Evidence that such an employee's signature has been verified is recognized by the court.

(2) Precautions for absenteeism and tardiness management

1 Poor absenteeism and tardiness evaluation directly leads to litigation risk
The Absenteeism and tardiness management system is the basic management work of the company, and the company shall be responsible for proof of the employee's attendance at the company in the event of a labor lawsuit with the employee. For example, disputes such as unauthorized absences from work and unpaid annual leave are all directly or indirectly related to the confirmation of rush hours. In the event of a failure to perform a Absenteeism Assessment or a poor performance, the Company may not submit a valid Absenteeism Assessment record to the court, which will soon lead to the company's defeat.

2 Reasons for absenteeism and absence are required
It is always happening when employees are absent from work due to sick leave and vacation. However, without clarifying the type of absenteeism, there can be disputes over whether they are absent without leave, vacation or vacation. In particular, annual leave should be compensated for double wages when unused, so the company should clearly record the situation of annual leave in the Absenteeism and then obtain employee's signature confirmation every month.

3 Need to confirm worker's signature on monthly absenteeism and tardiness tally sheet
Absenteeism and tardiness aggregate is used as a very important piece of evidence in labor litigation. The most controversial issue in the case is whether the Absenteeism and tardiness tally sheet, which does not have the employee's signature verification, has proven effective. The Absenteeism and tardiness statement, printed through fingerprints and ID cards, is subject to manipulation, so it is difficult to be recognized in law unless signed by an employee and denied by an employee in court. Meanwhile, various written requests, overtime work certificates, and CCTV recording materials installed in front of the muscle check size can be used as supporting evidence in the event of a lawsuit, so keep them safe.

4 Unauthorized implementation of the Special Working Hours System by the Labor Bureau
In the case of positions that implement special work hours, such as irregular or comprehensive work hours, approval from the Labor Office is required. Without the ratification of the Bureau of Labor and by bilateral agreements alone, they could face huge overtime pay lawsuits.

5 Clear definitions of working hours and abnormal work conditions and regulations on punishment are required
The company's absenteeism and tardiness management system includes such matters as the working hours system, the definition of work hours, punishment clauses, work hours arrangement, and overtime application procedures, and legal risks exist if the regulations are ambiguous or not properly enforced.
For manufacturing companies, a clear provision should be made for "work-in-time breaks" to prevent collective demand for overtime costs. Also, the definitions of tardiness, early leave and absence without leave shall be defined and the handling (punishment) shall be specified accordingly.

6 Need to establish an approval system for overtime work
The entity should clarify the review approval process for overtime to prevent circumstances in which employees work overtime for personal reasons and require overtime fees. Only overtime work, which was applied in advance and approved by the supervisor, shall be subject to overtime, and any unauthorized overtime work shall be recognized as voluntary overtime, and the verification procedures for after overtime work, actual overtime hours and the circumstances of completion of the work shall be stipulated.
2. Handle abnormalities at work

(1) Handling of tardiness and early leave

The processing of tardiness and early retirement requires different responses depending on the nature of the industry or the size of the company. For businesses with a large workforce such as manufacturing and distribution businesses, it is desirable to operate a system that requires strict attendance at work, such as overtime pay, cuts overtime pay for those who leave work beyond a certain level, and reduces their corresponding wages by considering it as unauthorized.

[Example of Employment Rules] Definitions of Perception, Early Departure and Handling Regulations
(1) If an employee checks a fingerprinting machine within an hour (including) after the time of work, it shall be considered late.
(2) For reasons other than the need for work, it shall be regarded as an unauthorized leave of work if the employee leaves the place voluntarily before work hours.
(3) If a person exceeds one hour late or leaves work without leave, he or she shall be treated as a half-day without leave (per day.
A deduction of 0.5 times the basic wage), a lateness of more than 4 hours or more (a deduction of 1.5 times the basic wage per day) shall be treated as one day of unauthorised leave of absence (a deduction of 100% of the daily wage) and a deduction of 100% for overtime pay.
(4) If there is more than three accumulated periods of late or early leave each month, the allowance for overtime shall be deducted by 100%.

(2) Handling unauthorized absences from work

Unauthorized absence is an act that seriously destroys the order of work. If the employment rules stipulate that the contract is canceled in a row of zero days, dismissal is possible. However, truancy should satisfy three conditions at the same time, the approval of the 2nd boss of 1 labour and the absence of a valid reason for 3rd Of these, the most important is Section 3, and if there are justifiable reasons, such as accidents or unexpected diseases, the company's dismissal is not recognized as legitimate.
Unauthorized absenteeism does not mean just absence without leave. It is also a form of truism that refuses to adjust the company's legitimate duties, does not go to work in a new position, or does not follow the company's instructions and thus does not take up a designated position. Companies need to set clear rules on what circumstances in the employment rules "are considered to be absent without leave or without leave" and to specify corresponding measures in the employment rules.

[Example of Employment Rules] Defining and Handling Unauthorized Absences
(1) If the following cases apply, consider it an absence without leave and dispose of it without leave.
1 Those who do not pay a request or do not report to work without approval.
Do not apply for an extension of the vacation even though the vacation period has expired, or apply for an extension of the vacation.
a person who does not show up for work despite his unauthorised consent
2 sick leave, person who has rewritten or forged a request certificate;
3 The reason for the request or the person whose certificate does not match the facts
4 Those who do not attend business meetings or company arrangements held by the company without approval
5 Those who disobey the company's job-coordination arrangements due to job-deficiency, fail to take up a new position, or fail to participate in education arranged by the company as a cause of job default
6 Those who do not come to work without permission during the handover period
7 If a person refuses to work without good reason, he or she is considered absent without leave and is absent without leave.
Time is reckoned as the time you refused to work.
8 Adjustment of duties or assignment without obedience to the assignment and without objection in writing,
a person who does not come to the work post at a fixed time.
9 Those who exceed the threshold of being late (1 hour) or who leave school without leave
10 All kinds of absences without proper cause
(2) Handling unauthorized absences from work
1 For half-day without leave, 0.5 times the basic wage per day shall be deducted and 1.5 times the basic wage per day for one day without leave.
Two consecutive days of absence without leave (including) or five days of absence accumulated in the year shall be strictly violated and the labor contract terminated.