반응형

01 Recruitment

With the continuous implementation of the labor law, which puts priority on protecting workers' rights, such as the Labor Contract Act, the risk of employment by companies has risen sharply, and in effect, the initiative in labor relations has fallen into the hands of workers. Many of the labor disputes are often caused by lax management of the recruitment phase, among other things, becoming a "fire line." The best way to prevent employment risks is to thoroughly manage recruitment and block the entry of unqualified people from "entry."


1. Basic work on recruitment and recruitment

(1) Position setting and organization (determining)

The expansion of corporate manpower is not easy to control. As sales increase, the heads of the relevant departments are bound to complain of a shortage of manpower, while those not directly involved are scrambling to increase staff. If the company fails to control the increase in manpower, it will soon result in an excess of work-ready personnel, which will lead to unnecessary increases in labor costs, as well as a widespread distracted and complacent attitude, resulting in a decline in the overall labor efficiency of the company.
To prevent this phenomenon, it is necessary to establish positions in the company and "control devices" called "decision-making" of position installation and garden system. After confirming the organization structure of the enterprise and the positions of each department, the job analysis proceeds with the establishment of the position and the arrangement of the quota, which is the basis for all HR tasks, and at the same time is the evidence for recruitment.
o Position installation (determined): Position required within the enterprise is installed based on scope and nature of work
o Determining the proper number required for each position

After determining the position installation and quota, the number of persons assigned to each position shall be determined based on the number of positions The personnel assignment by position, determination by position, and determination are collectively referred to as "3 determination". The "three determinations" are the basis of the company's recruitment management.

List of position settings (case)
Position status (position) in the numbering category (postion) and current status in the details of the work.
1

(2) Preparing a job description

Job description for the position installed and installed during the determination process
It is necessary to write a book. The job description shall be prepared by the personnel department in consultation with the current department. The existence of Job Descriptions [Sample 2-1] is the only way to set employment standards and find the right people.
Korean companies are vague about one or two lines of information such as "holdings of business experience that can be used for Korean language."
Many are hiring by themselves. If this is done, it is easy to have a hiring miss because the exact requirements of the person to be hired are not defined and the image of the person to be hired is not drawn.
What is most necessary before recruiting is to clarify the department’s policy of seeking employment. Under the policy, it is necessary to analyze what the employees will do basically, based on their daily, weekly and monthly duties.

(3) Control of recruitment of employees

Staffing departments that are scheduled to use the workforce are required to submit a request to the human resources department by listing the manpower demand table [Sample 2-2].
Personnel departments review the need for recruitment, based on the quota system by company position. If an application is made outside of the quota system, the personnel department shall submit the application to the company management for approval and then conduct the recruitment.

 

2. Recruitment and recruitment process


[Stage 1] Preparing for Recruitment
o Request to submit the Personnel Demand Table [Sample 2-2] to the Employment Needs Division
o In case of an office management position, request the preparation and submission of a job description for the relevant position [Sample 2-1];

[Stage 2] Publication of Recruitment Information
o Choosing an appropriate recruitment method (Internet recruitment site, workforce introduction company, headhunting, etc.)
o Selection of Internet recruitment sites according to employment targets
- Low level positions such as functional, public, etc.: 58城Subject, 赶集, 百姓, etc.
- Office jobs, mid- to high-level positions: 웹사이트 (www.zhaopin.com), 看准网 (www.kanzhun.com), 程无扰 (www.51job.com), 智联网 (www.51job.com), 智联网 (www.zhaopin.com), 智联网 (www.zhaopin.com), 智联网 (www.56job.com) and 中 华 (www.56job.com)
- High rank, technical position: headhunting, etc.

[Stage 3] Screening of resumes
o Initial resume screening in human resources: age, gender, major, academic background, experience and achievements, education and training, etc.
à After the first screening process, prepare the resume screening result table based on the basis of factors
o The use department conducts a second screening process for the first selected resume and makes sure that the employees are qualified for the employment conditions.
Confirmation, notice to the Personnel Department of Personnel.

[Stage 4] First Test Candidates Phone Call
o Conduct a brief interview on the phone
- Those who fail to meet the company's employment criteria should be eliminated by checking the applicant's basic situation, job-seeking motivation, and wage conditions.
o Notification of company visit time, place, and instruction data, etc.

[Stage 5] Conducting the first test (Human Resources)
o Requesting and verifying identification of the job applicants on site
o Personnel Recruitment Manager Conducts 1st Interview
- Evaluate factors such as appearance, personality and personality, communication and expressive ability, values, and convergence with corporate culture.
- Record the results of the interview on the interview assessment table [Sample 2-4]
o Requests the human resources department to conduct a second interview for those who pass the first interview
- Send the Employment Information Register and the Access Evaluation Sheet to the Manpower Use Department

[Specific] For positions required by the job, take a written/practical test

[Stage 6] Conducting the second test (Human Resources Department)
o The head of the human resources department conducts a second round of interviews on factors such as professional functions, experience, work skills, and teamwork
- Record the results of the interview with the employment opinions on the interview assessment table.
o After the interview, send the Personnel Department an Interview Evaluation Sheet
- In-depth interviews are conducted by the management team, technical staff, and high-ranking officials with a certain grade or higher.


[Stage 7] Background survey and recruitment report
o Background investigation
- Background surveys should be conducted on management/technical personnel with a certain grade or higher among those who passed the second test.
- Write the results of the survey in [Sample 2-5] and sign it.
o After phone calls, e-mails, etc. on demands such as wage and welfare, job candidates are appointed to the management of the company.

[Stage 8] Physical examination information
o Request for physical examination by the company-designated hospital for recruitment.
- Hospital requests notification of physical examination results to the company
o Review of physical examination results
- for those who have problems with their physical examination results, such as infectious diseases, high blood pressure, liver failure, etc., notice that they are not able to be employed euphemistically, citing reasons other than physical health problems.

[Stage 9] Notification of the date of employment registration
o Notification of job registration date and list of sub-contractor data to recruiters
- Send mail in the form of a simple notice, not a formal notice
o Personnel department requests the relevant department to proceed with preparatory work regarding the placement of new employees

[Stage 10] Job Registration Procedure
o Preparation of an employment registration table [Sample 2-6] and confirmation and receipt of various submission documents
o Signing labor contracts and various agreements

반응형
반응형

Retention of Retired Persons

 

In the case of women’s 50 (aged 55) and men over 60, civil relations laws, such as the Contracts and the Rules of Civil Code, which are not labour laws, such as the Labor Contracts Act and the Public Insurance Ordinance, are subject to the commencement of the provision of nursing benefits, or already beyond the legal retirement age. There is no obligation to pay economic compensation or to get social insurance upon termination of employment and no obligation to pay legal overtime costs arises.
However, in case of personal injury, the user is liable for personal injury, so personal injury insurance, etc. is required. In addition, it is necessary to make clear and specific arrangements in the Retirement Material Employment Consultation document to prevent civil disputes.
These days, as in Korea, Chinese people are in better shape, so for female public figures, there is nothing wrong with continuing to work beyond the age of 50. The employment of retired workers has the advantage of drastically lowering labor costs due to factors such as social insurance, non-payment of kitchen utilities and non-payment of economic compensation.

 

[working-level measures]

 

1 Retired employees should check their health conditions carefully through physical examinations.
It is important to note that older people are more likely to suffer from high blood pressure or chronic disease, and that there is always a risk of accidents occurring at any time, and that if they are injured in an accident during work, civil lawsuits against the company for personal injury compensation are filed. However, unlike industrial accidents, the company is liable for compensation in accordance with the ratio of malpractice of workers and companies that the court rules because they are in a civil accident relationship.

 

2 The use of stock for legal retirees should be thoroughly checked.
In the event that the employees are not properly identified as legal retirees, the company may ask for double the number of unpaid labor contracts and payment of supplemental wages and social insurance to the company, saying that "labor relations" with the company have been established while resigning after a certain period of work. Therefore, the employee must submit a certificate for the receipt of the old pension to verify the legal retirement age and, in the case of an old pension beneficiary, verify the excess of the legal retirement age by verifying the identity of the old pensioner.

 

3 The agreement requires specific arrangements for work accidents and disease outbreaks.
In case of personal injury resulting from the work regulation, violation of discipline, and serious negligence of the worker, the person shall be liable for compensation in the event of an accident, so as to prepare for any eventuality. In addition, the medical expenses for the occurrence of the disease shall be stipulated by the company itself and the company shall purchase personal injury insurance as compensation for injury or death.


4. Employment of Special Identifiers

In the case of social insurance unpaid leave, in-house retirees, early retirees, and long-term leave, the employees with the company signed the term "no-pay leave agreement" with the company for early transfer of the company and are receiving social insurance maintenance and basic living expenses. They are virtually retired and are able to get jobs at other companies even before the agreement expires.

 

[Questioning]
Since our company is a ship manufacturing industry, we need to work hard with welding technology, but these days it's too hard to find welders. Therefore, we are currently working for another shipping company that has been suspended due to management problems, and we are planning to fill vacancies with welders who are currently on leave for only the minimum wage. Due to the quantity of order, we will be hiring in the near future. So, I want to ask you what problems you have with hiring employees who have written down in other companies, and how do you deal with them?

 

In September 2010, the Supreme People's Court Judiciary Analysis (3) was promulgated, and the employees who were on leave for a long time were required to sign a written labor contract with another company, and 1 upon completion of a written labor contract, 3 economic compensation payments were paid for the termination of employment as a result of a fantasy accident, which was recognized as a fantasy, 4 economic compensation for illegal dismissal, and other workers.
Social insurance payments are not required when hiring such workers, but they must sign a written labor contract and hire them. However, the employment time shall strictly check labor relations with the former company and the social insurance payment status, and the company shall notify the change of its status when the special labor relationship with the former company is terminated during the period of employment, and take the relevant procedures such as social insurance subscription.

The biggest problem here is social insurance against industrial accidents. This is because with the original company continuing to pay social insurance, social insurance cannot be paid double. As there is always a risk of industrial accidents for field workers, it is necessary to contact the social insurance bureau of the location to make sure that only industrial insurance can be paid (in Shanghai, only non-Japanese employees can pay for fantasy insurance).

 

[working-level measures]

1 As the company under the contract pays social insurance, but the company is solely responsible for industrial accident compensation in the event of an industrial accident, it should seek ways to pay only industrial insurance under the name of the company.
If only industrial insurance is not available, personal injury or illness insurance may be purchased through a commercial insurance company, but in the event of an industrial accident, the compensation amount corresponding to the Industrial Accident Insurance Ordinance shall not be fully covered. In particular, in the event of death or severe aftereffect, management is under great pressure, so it is necessary to avoid the arrangements for dangerous work.

2 It is necessary to verify that a binding agreement has been entered into with a company in office (e.g., ineligible to work at another company, etc.). Where such a consultation is signed, a lawsuit, including a claim for damages, may be filed from the company in office.

3 A written labor contract must be signed (risk of payment of double wages in the event of non-conformity).

반응형
반응형

 Employment of trainees

Corporate apprenticeship generally refers to students in vocational technical schools. Since the original purpose of the exercise is to conduct functional training, the student status of the trainee remains unchanged and should continue to be managed by the school. If an enterprise employs a student who is in school as an trainee, it shall proceed in such a way as to conclude an exercise consultation among the three parties of the business-school-student relationship because there is no working relationship with the student.

[Regulations on Practical Management for Secondary School Students]
Article 10
Before a student comes to an exercise company and is assigned to an exercise post, the student body or the head of the student body shall conclude written consultations with the school, the trainee company to clarify the responsibilities, rights and duties of each party.

Since the relationship between trainees and the use company is not legally "labor relations," if personal injury occurs to the trainee during the exercise period, the Civil Service and the Civil Service Act, not the labor-related law, applies.

[Regulations on the Employment Ratio of Practitioners]

Some companies hire large numbers of trainees to reduce labor costs, or infringe upon the legal rights and interests of trainees. For this reason, some local governments have issued a series of regulations that strictly limit the employment rate of trainees in their use companies.
For example, Kwang Dong-sung’s "Guidelines for Practical Practice and Employment of Graduates of Guangdong High School" stipulates that the number of trainees should not exceed 30 percent of the total number of employees employed by the company.
Soju City is more stringent than this, and Article 2 of "A Opinion that Normalizes Practical Practice for Secondary School Regents in Employment Units" stipulates that the number of trainee students does not exceed 5 percent of the total number of employees in the Practical Company. Therefore, if an entity employs trainees, it must check the local government’s restriction on employment rates for trainees.

[Experimental Remediation]


Since there is no legal labor relationship between trainees and the use company, the trainee's compensation is basically not subject to the minimum wage standard of labor-related laws.
However, it is important to note that the Strict Labor Agreement Ordinance, which went into effect in May 2013, stipulates that the trainee’s compensation promised by an enterprise with students should not be lower than the minimum wage here, and obligates some provinces to pay more than the minimum wage standard for students in the province.

[Hour]
The National Regulations for Practical Practice for Secondary School Students stipulates that a student’s working hours cannot exceed eight hours per day.
Guangdong Province’s Higher Student and Graduation Labs Ordinance provides more detail that a student’s one-week training session cannot exceed 40 hours. In the case of Kang So-sung, the Stiff Labor Relationship Ordinance limits the number of trainees to less than 12 months, four hours a day, and very 40 hours a day. Therefore, it is required to note that if an entity employs trainees, it is necessary to verify the country and local local government regulations and, in particular, may cause undue overtime or nighttime work arrangements for trainees.

[In case of personal injury or injury during practice time]
Because there is no legal labor relationship between trainees and the use company, if an trainee is injured during the exercise period, it is not recognized as an industrial accident and cannot enjoy industrial insurance treatment. Alternatively, an trainee may request the provision of a liability for infringement of the rights on the basis of the Rights Violation Liability Act and the Rules for the Handling of Accidental Accidents, if he or she is injured during an exercise.
In the event that a student is injured due to negligence by the school, student or other parties concerned, the party concerned shall be held responsible on the basis of the percentage of negligence in its own conduct and the causal relationship between itself and the consequences (Article 8 of the Rules for the Handling of Accidental Accidents).
In order to minimize responsibility for personal injury or illness, the company needs to have commercial insurance, such as personal injury insurance, for the trainee before employment. In case of an insurance contract, the beneficiary of the insurance premium shall be the company in the event of an accident, and the company shall negotiate with the victim to settle the compensation issue once it receives the insurance payment.

반응형

+ Recent posts