배움과 공유의 시간

2. Protecting young and young workers

(1) Employment of children under 16 years of age

If child workers are hired illegally, they will be ordered to correct them and fined. In addition, if an accident occurs during illegal employment, the business license may be revoked if the situation is serious.
Since children under the age of 16 are likely to get a job by raising their age by forging their ID cards, a firm confirmation of the authenticity of their ID cards is needed for those who look like child balls.

[No Children's Public Service Regulations]
Article 2 No minors under the age of 16 shall be used.
Article6 In the case of the use of child workers, the labor-related sector shall impose a fine of 5,000천 per month for each child worker.

(2) Underage workers (age 16 - age 18 only)

Employment is possible, but under the Special Protection Regulations for Underage Workers, considerable legal restrictions are imposed on the Labor Department, including the registration of underage employment and annual physical examinations, and the prohibition of dangerous and high-strength work.

[Special protection for young workers]

(1) Responsibilities for regular health examination (Article 6)
The user shall perform a medical examination of underage workers as shown below.
one-work distribution
two years of service
3 At the age of 18, half a year has elapsed from the previous session's health examination.
Contents of Health Diagnosis: According to the items listed on the health examination table of underage workers
(2) Labor sector registration obligations when employing underage workers (Article 9)
When recruiting underage workers, the user must register with the Bureau of Labor located within 30 days of the date of employment. At the time of registration, an adult worker's health checklist, a minor's identification card, a labor contract, etc. shall be submitted, and an adult worker's registration card shall be issued after the examination.

[Labor Labor Security Inspection Ordinance]
Article23 In the case of the following paragraph, the Labor Security Administration shall order correction and shall be calculated and fined on the basis of a standard of not less than 1,000元5000元 per victim.
(7) To underage workers, labor in mine mines, labor in toxic chemicals, and fourth degree physical labor as defined by the state.
In the case of robbery or other work to be avoided.
(8) In case underage workers are not regularly examined.

04 Protecting female workers and minors


Against the backdrop of the monologue policy for the past 30 years or so, China's legal protection of three women is so strong that layoff is prohibited until infants reach the age of one after childbirth. As the two-child policy has been revised since 2016, companies are on high alert to manage their third-term female employees. The level of legal protection for underage workers is also being strengthened day by day. It is necessary to be fully aware of the relevant laws and regulations to prevent risks.

1. Protecting female workers

Restrictions on dismissal of female employees during the 3rd term (pregnancy, childbirth, breastfeeding)
From the date of pregnancy to the age of one infant, the labor contract with the woman in the third term cannot be lifted based on the reasons for the worker's negligence, negligence of duty, significant change in objective situation, and layoffs due to the disease for a total of one year and 10 months.

[Reasons for dismissal]
A third-term female worker cannot be fired in any case. For example, if a female employee is pregnant during the trial period, she can be fired for reasons of "uncompliance with the conditions of employment." In addition, in the event that the reason for the disciplinary action specified in Article 39 of the Labor Contract Act exists, the entity may fire a third female employee as follows.
1 In case it has been proved unfit for employment conditions during the trial period
2 In case of a serious violation of the employment rules of the user
3 In case of negligence of duty, cheating, and causing serious damage to the company

Contract expiration date, labor relations automatically extend to end of 3rd term
In the case of a third term female employee, even after the term of the labor contract expires, the contract cannot be terminated and automatically extended until the end of the third term (at the time the infant reaches the age of 1). For example, if an employee due on 31 March 2015 becomes pregnant on 1 March 2014, and gives birth on 1 January 2015, the labor contract automatically extends until 31 December 2015. For periods of automatic extension, there is no need to enter into a labor contract separately.

3rd female employee's response to negligence of duty
In the case of female employees who deliberately overcharge their request or sick leave with a shield, the labor official said,
It's not easy. Most female employees are well aware of the special protection of the law, so they don't try to comply with the lifting of negotiations unless there are some conditions that are quite favorable. In such cases, it will be largely possible to respond in the following ways:

1 Enactment of Vacation Agreement
If long-term rest is required due to the physical burden of pregnancy, the company proposes to sign a "long-term leave agreement" with the company by the beginning of maternity leave. In this case, the company shall continue to pay social insurance and kitchen public funds together to the individual burden. In this case, the company will be able to temporarily hire dispatched workers in the form of labor dispatch, for example, at the cost of reducing the financial burden, as much as the salary expenditure.
* Vacation Agreement [Sample12-1]
2 Promoting negotiation cancellation (in case of non-acceptance of the leave)
Basically, negotiations can be pursued around the following items.
(a) Economic compensation
(b) Replacement of dismissal notice: 1 month
(c) Wage reserves during maternity leave: 3 months
3 Reduction of variable performance in wages
Wage items are structured in advance, and if variable performance items exist, they can be dealt with by reducing performance benefits in case of negligence.

Points in the Special Regulations for Labor Protection for Women Workers (April 2012)

1 Wage reduction and employment protection during the 3rd term of women (pregnancy, fertility, and breastfeeding)
Companies should not reduce or fire female employees during pregnancy, childbirth or nursing. The "wage" mentioned here should not be construed as absolute. If the wage structure is structured in combination with 1 basic wage + 2 job pay and 3 variable performance pay, the variable performance pay varies from time to time depending on the performance of the wage, and if the performance is poor, the amount can be reduced according to the company's performance system.
2 Birth allowance during childbirth
Because of the suspension of the company's wage payment due to the failure of normal work during maternity leave, a "salivative allowance" is paid from the child insurance fund to cover the cost of living (ie the entity is not required to pay wages during the period).
ᄋ Birth insurance policy: Payment from the Birth Insurance based on the average monthly wage of employees in the previous year.
ᄋ Unsubscribed birth insurance: Based on the wages of female employees before childbirth, paid by the company

The basis for calculating raw meat allowances is "the average monthly wage of employees in the company's previous year." This would result in a significant difference between "the average monthly wage of the previous year" and "the actual wages of female employees on maternity leave." By regulation, the company does not have to pay any employee with child insurance during maternity leave. However, the premise is that the company reports the average monthly wage of the employee in the previous year when it reports the social insurance flag.
For example, if the monthly salary is actually 5,000 yuan, and the employee's payout is uniformly reported at 2,500 won (i.e., the payout is lower than the actual wage level), the employee's livelihood allowance will only be 2,500 won per month, which will naturally result in employee complaints, and in this case the company will have to make up for the difference.

Changes in the calculation criteria of raw meat allowance
New Regulations for Separation
The previous year of a company belonging to the average monthly wage of an employee (paid by the Birth Insurance Fund) based on the calculation standard of the living allowance.
Average employee wage

3 1 hour feeding time during the breastfeeding period is provided
During the breast-feeding period until the infant reaches the age of one year after childbirth, the company is required to provide one hour of breast-feeding time every day. Most companies respond by letting them leave work an hour early.

4 Labor hours of pre-birth checkup
It stated that the time required for pre-birth examinations would be scattered into working hours. It is necessary to properly control the recovery and time of pre-birth examinations on the basis of "health measures" issued by the medical institution during pregnancy, in order to prevent them from leaving the hospital on the pretext of non-discontinuous examination.

Key contents of the Regulations for the Protection of Women's Occupational Labor
an oblique reference within a quarter.
child birth
In addition to 98 total vacation days and the base 98 days, an additional 30-60 days of vacation are granted by region.
The 15th of 98 days of maternity leave.
Number of vacation days during miscarriage 15 days less than 4 months pregnant
4 months and more than 42 days of pregnancy
1 hour breast feeding time is given to children under 1 year. 1 hour more feeding time per twin
child birth
on vacation
Birth insurance for raw meat allowance
Standard for calculation of payments from subscription insurance fund: average monthly wage for employees in the previous year
Calculation criteria for non-subsidiary companies: Birth ( Heritage)
principal wage

liability for violating the law

relevant clause
Penalty for violating my dragons
Bureau of Labor Safety Production Supervision
Article 6 Clause 2 (Overtime work,
No night shift) For female workers over seven months pregnant, no overtime or no night shift.

1,000-
five thousand
Article 9 Clause 1
(Overtime work, night class eye boat)
For female workers under the age of one year, the company shall not extend their working hours or provide night labor.
Article 7 (Birth holiday violation) Female workers take 98 days of maternity leave, 1,000-5,000 cologne
Appendix 1, Article 2
Article 1: Labor Scope Avoiding the End of Women
Article 2: Labor Scope Avoiding Ends Between Months-
five thousand
Annex 3, Clause 4
Article 3: Labor scope to avoid termination during pregnancy
Article 4: Labor range avoiding closure during lactation 50,000-
300,000 won

[Scope of working as a female worker]

1. The working range of female workers who avoid employment
(1) Work on Mine Mine Mine Mine Mine
(2) Work on the fourth-class physical strength as defined in the criteria for physical strength and strength grade
(3) Work that carries an increase of more than six times an hour and weighs more than 20 kilos each time or continuously carries a weight of more than 25 kilos each time.
2. The working range of female workers who avoid working during the monthly business
(1) Cold water activities of Grade 2, Grade 3, and Grade 4 stipulated in the criteria for cold water operation grade
(2) Low-temperature work of grades 2 and 3 and 4 as defined in the criteria for low-temperature operation grade
(3) Work of the physical strength of the second, third, and fourth grades as stipulated in the water supply standards for the physical strength of the labor force.
(4) Level 2, 3 and 4 of the complaints set out in the water supply standard for the complaint work
3. Labor range avoided by female workers during pregnancy
(1) Air-grade lead and compounds, mercury and their compounds, benzene, cardium, beryllium, arsenic, cyanide, nitrous oxide, carbon monoxide, chlorine, caprolactam, chloroprene, chloride, epoxylane, anilene, poomdehyde, etc. in the workplace, and their harmful substance concentration exceeds the country's occupational standards.
(2) Working in the production of anti-cancer drugs and diethylvestrol and in contact with gas, etc. of anesthetic drugs;
(3) Operation of non-sealed radioactive materials, first aid for nuclear accidents and radiation accidents
(4) Complaint work stipulated in the complaint work grade standard
(5) Cold water operation stipulated in the criteria for cold water grade
(6) Low temperature operation stipulated in the criteria for low temperature operation grade
(7) Class 3 and Class 4 work stipulated in the complaint work grade standard
(8) Class 3 and Class 4 work stipulated in the noise work grade standard
(9) Work of the third and fourth classes of physical strength as stipulated in the criteria for physical strength and strength grade
(10) Work in an enclosed space, in a high-pressure room, or in a diving operation, involving strong vibration, also requires frequent back bending, climbing and crouching.
4. The scope of labor that female workers avoid during the nursing period
(1) Paragraphs 1, 3 and 9 of the scope of labor that avoids death during pregnancy;
(2) Work in which harmful substances such as manganese, arsenic, methyl alkohol, organic phosphorus compounds, and organic chlorine compounds in the air of a workshop exceed the national occupational hygiene standard.

strike countermeasures

Most strikes are caused by very little, or one or two people.However, most of these trivial matters relate to the interests of many other employees. Thus, if an entity misrespects or misses the timing at an early stage, such trivialities or one or two related tasks will arouse empathy for other employees, resulting in a collective group of requests.
If the number of sympathetic employees increases and another unreasonable demand is poured out all at once, the company will not be able to accept the demands of its employees and the confrontation between labor and management will eventually proceed as a strike.

1. Conduct an immediate investigation to identify what factors caused the strike to take place, and accurately identify the progress of the strike. This judgment accurately determines the direction and control of the strike and its ripple effects in case of non-control.

2. We should take a position of emphasis on the needs of the staff. And this is basically a demand.
To relate to the employee's own interests and try to pressure the company with strike action to meet the benefits
Due to.

3. Analyze whether the demands submitted by the staff are representative and which employees and departments are relevant. If the demands of the staff are unrepresentative and concern the interests of the few, it is unlikely that the strike will escalate. However, if the needs of the staff are representative, they are likely to result in a collective strike and therefore require caution.

4. Analyze the differences between the needs of some employees who first raise questions and the interests of most other employees. The next step is to identify differences between some employees’ interests and the majority of employees’ interests, and to clearly explain the benefits to the majority of employees and to calm down their emotions.

5. Analyze the rationality and legality of some staff needs. The company said that the employees who started the strike had no intention of doing anything wrong.
You must conclude that you have. In accordance with laws and employment rules, the entity conducts good communication with the employees and clearly notifies the employees of irrationality and persuades them by law when it comes to excessive or unwarranted demands. In other words, unreasonable demands should be removed from the requirements and reasonable demands should be met in a serious manner.

6. After the strike, communicate with the employees who participated in the strike at the first time. The company emphasizes that it will actively respond based on laws and employment rules. At the same time, explain to employees that if they think their needs are unprotected, they should be required through normal channels, or through the Court of Arbitration for Labor.

7. If more than 10 striking workers are gathered to affect the company's normal production management or there is a possibility of conflict between striking workers and non-strike employees, the police shall immediately report it to the public security agency to maintain the on-site order. This point is very important. This is because it is difficult to carry out violent acts when public security agencies are on site, and labor-management consultations can be held in a more stable atmosphere. 　

8. In the event of a strike, on the one hand, the company will be required to pay the strikers for losses caused by the suspension of operations, on the other hand, and the employee's strike action is a severe violation of the company's employment rules, which informs the company that it has the right to dismiss or break the labor relationship, thereby encouraging employees to take action through normal channels.

9. The company must establish a crisis management team. It's usually led by human resources, negotiating with striking workers, and negotiating with them.
Proceed. The city maintains an attitude of disagreement with the unreasonable demands of its employees.
Some reasonable content shall be noted that the employee's needs will be valued, and until the company concludes its review, the employee shall be required to regain his composure and return to work normally.

10. For the minor requirements of some employees, by meeting them first, some of the striking employees are working as a company.
To reduce the number of strike participants by encouraging them to return.

11. Control the aggravation of the strike, and be patient in the negotiation, time will solve the problem.
After a certain period of time, the emotion of the employee calms down and the emotion stabilizes. instability of the majority of employees
One sentiment also becomes calm, and the situation develops in a direction favorable to the company.

12. Many employees who participate in the strike are interested in meeting their interests. So, the company has a long-term relationship with the company.
step by step to improve the employee's treatment. The improvement of Daewoo is never without immediate effect on the strikers' demands.
It should not be done in reply. If the company meets the needs of the staff immediately, the employees will be able to do so
The second and third strike will take place. Therefore, in response to employee needs, the company will be able to schedule the future
They are willing to meet the deadline gradually. For example, there is no immediate pay increase.
Increase the performance incentive rate at the end of the year, increase the amount of bonuses, etc.
It is desirable to meet the requirements with .

13. Write a report to be sent to the relevant sectors such as labor inspection without delay. In the event of a strike, the workers
There is a high possibility of filing a complaint against the labor watchdog. Therefore, the company shall provide detailed information on the involvement of the labor inspection division.
A plan must be prepared. The best thing is to persuade the labor inspection sector to allow employees to stay on track.
induce to solve a problem through negotiation or mediation.

14. Do not dispose of the staff who caused the disturbance immediately. If you file a disciplinary complaint, it's bound to cause a bigger disturbance.
It will happen. When a strike is just about to begin, the people who lead the strike are often considered heroes and in their interests.
This is because he is recognized as a representative. Before the situation is resolved or settled, the strike leaders are asked to respond to it.
The disciplinary action could serve as an opportunity to aggravate the strike.
15. Encourage employees to write about their requirements in writing, and keep communicating with the staff.
It calms employees' minds by conducting a case.

16. The employees' bosses, friends, relatives, and colleagues are mobilized to persuade employees to go on strike.
It is recommended that you solve the problem, go to work normally, and make reasonable demands. The company recommends employees to come to work normally.
I promise to give certain mental and material incentives to my superiors and colleagues.

17. The company shall, after the end of the strike, punish the employees who led the strike by looking at the appropriate time.
The company is bound to suffer major losses from the strike. a group of employees who do not go through normal channels.
Because it is a clear mistake to take action, the company will be punished for this undesirable act.
It must be done. Otherwise, the company will again have a second strike.

18. The company identifies problems in personnel management immediately after the end of the strike and improves the treatment and welfare of employees.
Prevent recurrence by doing so.

Strike

Since the strike in May 2010 in Guangdong province and other cities swept the country, strikes in China have now become nothing special but one of the "daily multiple reflexes." Now workers are well aware that when they have the chance, the best way to maximize their economic interests is to strike in groups.

1. The status quo of a strike

the main cause of the strike
Faced with a recent global economic slump, overheated competition and rising labor costs, companies are facing layoffs, business restructuring, and shifting their strongholds to and from home and abroad, while workers are often trying to squeeze companies into collective profits in the form of strikes. There is a significant increase in the sense of rights of China's highly educated and new generation of workers, symbolized by 80 to 90 degrees.
It is also a major cause of the strike's.

Below is a summary of the causes of the major strikes in China in recent years.
ᄋ The company has a new salary system or in-house regulations (wage work system, reward and punishment, absenteeism and tardiness management system, etc.)
revised, but workers feel they are at a disadvantage than before.
ᄋ In case the company's wage adjustment is delayed even though the minimum wage has been increased, or the level of bonuses has suddenly decreased;
ᄋ In case of a situation where a joint profit violation occurs, such as cancellation of allowance, overtime cost basis, and payment of social insurance and kitchen public funds;
ᄋ In case overtime is forced by a rapid increase in orders or overtime costs are reduced due to reduced orders,
ᄋ In case of a change in the business reorganization or labor management method (such as the replacement of the general account or merger of companies, relocation of factories, etc.) resulting in disadvantages for some workers, followed by widespread discontent among workers;
ᄋ In case the management position defamed the character of a subordinate and the surrounding employees protested
ᄋ High-handed management of Chinese employees of foreign residents, inappropriate remarks, insults, etc.

the legality of strike action
In Korea, the right to strike is recognized by the Constitution as one of the basic rights of labor. In China, however, there is much debate about workers' right to strike. In China, strike rights are not legal rights given to workers and the public, so strike action is not legally guaranteed (no civil, administrative or criminal immunity).
However, because it is not prohibited by law, a company cannot fire for just striking. Thus, the entity should provide grounds for the dismissal of the strikers by including the provisions of the disciplinary action of the company’s employment rules and the category "in the event of instigating a strike, strike or illegal suspension."
Meanwhile, in the case of relatively moderate collective action, such as suspension of operations, sabotage and strike, the labor bureau is in principle organized. However, in the event of violent acts such as destruction of corporate property, human rights, and street demonstrations, which develop into mass unrest, public security agencies intervene. Since the strike that began in May 2010 in Guangdong Province and swept the nation, authorities have tended to let or let go, viewing it as a "negotiation issue" between labor and management when striking over workers' wage welfare.

Strike and Legal Responsibility
In the case of general strikes, workers simply refuse to operate, destroy corporate machinery and other properties, and inflict personal injury on high-ranking managers.
However, if workers engage in violent collective action, criminal responsibility is severely questioned by the Criminal Law's "Crime of Property Damage" (Article 275), the crime of destroying production management (Article 276), the crime of looting crowd regulation (Article 268), and the crime of disorder of social order (Article 2990), and the case of a minor company's "Property Management Act" (Articleted Management Act, the Act, the Act on the Act on 23). For this reason, frequent labor strikes or strikes, such as denial of operation in China, do not escalate into violent strikes.


2. Precautions for Strike

There are more Korean companies that have problems understanding or communicating with local employees than Chinese
be exposed to strike risk Therefore, it is a sensitive issue that brings about changes in wages and welfare.
The introduction of the new system, the relocation of the company, the reorganization of the business, the restructuring and the reduction of the workforce should be carried out with sufficient consultation with experts in advance, the creation of scenarios for various situations, and the careful implementation of the process of exchanging opinions, including in-house briefings.

1 Avoid giving reasons for collective action
ᄋ In the event of a wage increase, such as a minimum wage hike, the wage is adjusted principally
ᄋ When wage welfare is cut due to difficulties in management, sufficient prior communication is required, such as providing alternatives
ᄋ Elimination of illegal elements such as overtime, social insurance, etc.
ᄋ Eliminate problems in advance by collecting complaints about work environment and treatment at all times
ᄋ Strengthening and complying with study of labor-related laws
2 Active use of public functions
ᄋ Utilize "pipe" roles with workers
ᄋ When establishing employment rules, laying off employees, and deciding important issues, use the public notice window
3 Securing routes for communication with employees
ᄋ Establish a dialogue table between executives and workers on a regular basis
ᄋ Establish an early detection system of workplace complaints by holding regular meetings by department
4 In the egalitarian wage system by rank, the establishment of the meritocratic personnel management system of the job pay system
ᄋ Korean-style seniority-based equal treatment system can promote a phenomenon in which employees unite together to achieve common interests
ᄋ Establish a wage system based on performance, and implement discriminatory treatment among employees
5 Strengthen information exchanges with industries, regions and neighboring companies
ᄋ Gathering and benchmarking information on the wage treatment of the dairy industry and nearby foreign-invested companies
ᄋ In the event of a minimum wage hike or a wage hike by a nearby company, the wage adjustment is implemented in a timely manner
6 Selection of Chinese officials to the management team
ᄋ Giving employees motivation and vision for long-term work
ᄋ Promotion of management officials acting as a bridge between labor and management
7 Gathering and sharing labor-related information with headquarters
ᄋ Gathering labor-related information and establishing a shared system with headquarters
ᄋ Preparing a contingency plan for the multiple launch of a dispute, including overtime expenses, social insurance, kitchen public funds, etc.
8 Sanctions for unauthorized strike shall be specified in the in-house regulations
ᄋ Statement of dismissal and compensation measures for strikers in labor contracts and employment rules
9 Preparing a Contingency Plan and establishing strong connections with local governments
ᄋ Prepare an action plan that specifies the role between the head office and the local management in case of an emergency
ᄋ Establishing measures for proper inventory, recruiting replacement workers, and protecting critical facilities against strikes
ᄋ Utilizing external advisers to retired local government employees
10 Position of Korean Managers
ᄋ Improving Chinese communication skills and strengthening touch and touch with Chinese employees
ᄋ Ban on disparaging remarks against Chinese or Chinese people
ᄋ Do not hurt the face or pride of an opponent in public

3. Countermeasures for Strike


1 Preparing for the usual strike and jointly responding with the head office
ᄋ To prevent delays in handling the situation during consultation with the head office, consult with the head office in advance and prepare a rapid response system by deciding on scenarios for emergency countermeasures
2 Common knowledge of the organization of the company's response team, their respective roles, and the basic principles of field response
ᄋ Requires professional personnel for on-site response to legal, public relations, IT, interpretation, etc.
ᄋ Appointment of Chinese lawyers familiar with labor laws and negotiation history as well as the Korean corporate climate
3 Strengthening the company's expenses and preserving evidence
ᄋ Restrict access to important offices and protect IT facilities and prevent loss of important data and property
ᄋ Preserve evidence of participants' misconduct and activities in preparation for post-strike lawsuits
4 Identifying strike participants
ᄋ Avoid expanding the situation by putting pressure on the main culprit
ᄋ Analyze strike participants, take our side or isolate them depending on the situation
5 Group action workers are isolated from the strike site and complaints are provided in other places.
ᄋ Stabilize workers through Chinese managers or public organizations and isolate them in a conference room, etc.
Listen with sincerity to demands and complaints and prevent further escalation of the situation
6 Company (proposal) decision based on fact finding and legal judgment
ᄋ Quickly decide on the company (proposal) in accordance with labor laws, labor contracts, employment rules, third-party cases, etc.
ᄋ Establish a plan after first deciding whether to return to work or prevent recurrence
ᄋ Check to see if the legal experts have reasonable labor demands or legal grounds
7 Explanation work to government-related agencies and local governments
ᄋ As soon as the company (proposal) is decided, it is necessary to give a prior explanation to the government-related agencies and the local general public and to seek their understanding

8 Negotiation at the Field
ᄋ Explanation of management's position on the demands and requirements for the selection of strike representatives and presentation of the company (proposal)
ᄋ Flexible responses to certain matters and other matters, such as the promise of renegotiation, induce return of operation
ᄋ In the event of prolonged negotiation and strike, send a message that the factory will be shut down as a last resort
ᄋ Do not take charge of the Korean negotiation, but entrust it to Chinese officials and Chinese lawyers
9 In-house response is difficult
ᄋ Request cooperation from the Development Zone Management Committee, the Labor Bureau or the Higher Council
ᄋ In the event of violence, contact the public security immediately
10 Countermeasures after handling strike
ᄋ After a certain period of time, strikers are strictly punished according to the company's employment rules

[Point of Negotiation]

(1) Promptly accept reasonable demands and attempt to implement the situation on the day of the strike;
After analyzing the cause of the incident, it is important that the company not drag its feet on the reasonable and acceptable demands of the workers, accept them immediately, and suggest solutions, but somehow manage to settle the situation without passing a day.
(2) Persuade unreasonable demands with sincerity.
There is no need to satisfy all the demands submitted by employees. As for unreasonable demands, difficult to accept, explain them to employees with sincerity, and suggest negotiating with them after returning to work.
(3) Negotiating with labor representatives
When negotiating with the staff, it is necessary to consider securing the physical safety of the Korean manager first.

(4) Opening a third party in a neutral position
In the negotiation table with the representative of staff, it is important for a third party in a neutral position to intervene. If a company has a public meeting, it must also be present to the director of the association. In the event that the staff does not trust the public, it is necessary to ask the superior public affairs officer and the labor bureau official to be present.

a public meeting


In China, the public society is not an independent organization, but a sub-organization of the Communist Party, which culminates in the "general assembly of China" under the direct control of the Communist Party. Each region has a local general assembly, and the corporate community has a fundamentally different personality from the Korean labor union, as it serves as a terminal organization.
In order to prevent the eruption of disorderly collective action by workers outside the public channel, China is pushing to promote the establishment of public meetings and promote wage collective bargaining. To this end, with Beijing at the head of the National Tax Service as a proxy collection channel around 2012, the Regional General Association was forced to walk 2% of the total benefits to the unestablished enterprises as a reserve fund for the establishment of the public service, and 60% of the public service was returned when the association was established.

1. Characteristic of the Society

The public society means a "group of public workers," and its main purpose is to support the company's management activities and prevent labor-management confrontations, such as strikes, rather than an organization based on confrontation between labor and management like foreign trade unions. Unlike Korea, the Chinese community has no right to strike, and even if the strike occurs naturally among workers, there are a number of cases in which the higher society intervenes and plays an active role in settling disputes between labor and management as a mediator. For this reason, from a Korean perspective, the Chinese public can be seen as an organization like the "cabolic union" and a company’s "welfare department" that plays a role in hosting various events for employee welfare and gift giving.
Even if the purpose of the association is to be established, many foreign-invested companies are willing to confront the company and interfere in management in all cases, only representing employee interests, when the company's ill-connected employees lead the association. In particular, if the management team is formed with employees who have a bad relationship with management, it is necessary to take care to establish a friendly society when the organization is first established, since it can put pressure on management by raising excessive demands that ignore reality in wage collective bargaining or in matters of common interests of employees.
For a company with some size, since the Chinese government's policy has been set to expand the establishment of a public society anyway, it may be one of the ways to establish a public society by establishing a public society when the relations between management and staff are good rather than waiting for some disgruntled employees to establish a public society voluntarily. Unlike Korea, China's state-run industrial complex is dominated by companies.

[Note] The General Assembly's opinion on expenses management in Shanghai (December 2014) * Extracts from the main points
1 Encouragement, assistance and comfort items
ᄋ Encourage excellent learners (readers) ᄋ Encourage literary and artistic performances, sports, etc.
ᄋ Incentive of meal subsidy, night meal expenses, and promotion of outstanding public officials and active participants during various activities
ᄋ Comfort items for all employees (holiday, birthday, etc.)
ᄋ Grants to individuals or families in need
2 Small amount of comfort items distributed during the holidays
ᄋ The amount allocated by the public service for the year (40% after payment by the higher public service) is less than 20%
ᄋ Average amount of 400元 per person is not exceeded and paid as an item (currently not paid)

2. The establishment of an association

Necessity of setting up a public meeting
Since 2008, the Labor Contract Act has been in effect, and Article 4 of the same Act stipulates that the establishment of internal rules or material matters closely related to the interests of employees go through collecting opinions and equal negotiations with the public society (or representative of staff), thus playing a growing role of the public as a window for taking these democratic procedures legally and efficiently.
Under the leadership of the company, the initial public meeting will be established by focusing on friendly officials in important posts, and by recommending candidates for public meetings to higher-level public offices for approval, and naturally pushing for one of the candidates to be elected in the election.

the process of establishing a public society
The company shall establish a public society based on the Public Service Act and the Regulations for Public Affairs and in accordance with the following procedures.
1 The institution obtains the approval of the establishment by reporting it to the higher authorities of the corporate property (Article 11 of the Public Service Act).
2 The company shall establish a preparation committee for the establishment of public meetings in the company (Article 11 of the Public Assembly Act).
3 The members of the public council shall recommend the candidates for the president of the public meeting democratically, report them to the higher authorities, and appoint them with consent (Article 24 of the Business Ordinance for the Corporate Public Works).
4 A decision may be made by a direct election at a member convention (member convention) or by an election by the Corporate Governance Committee. (Article 25, Enforcement Decree of Corporate Public Works)
5 If there are more than 25 members, the public meeting committee shall be established, and if less than 25 members are allowed to establish the public meeting committee alone or in combination with a third party (Article 10 of the Public Association Act).
6 The Council shall be elected by a second-term election (an election in which the number of applicants exceeds the quota) at a member's meeting or a member's representative meeting (Article 11 of the Enforcement Decree of Business for the Enterprise Society).
7 In order to hold a second-term election, candidates for members of the public council shall be nominated by recruiting (admission) or recommending them. Members of the public meeting committee usually consist of the president, vice president, treasurer and women's affairs committee.
8 The election results are reported to the higher-level public body and guided on the confirmation of establishment, approval of election results, and public activities (Article 9, 11 of the Public Works Ordinance 11 of the Public Service Act).

Precautions for setting up public meetings

ᄋ When an association is established, 2% of the total salary of all employees is forcibly collected as a public expense every month (unestablished also required to be paid as a reserve fund for setting up a public meeting). Of these, 40 percent are paid to higher-level public offices, and the remaining 60 percent are returned to the account of the public (notice on how to pay for public service expenses by the general public), and the 40 percent award is a strong motivation that requires the local general public to establish a public meeting, and the role of arbitration in the event of a collective labor dispute, such as a strike.
It is a reason to go forward.
ᄋ Foreign general account, deputy managing director and resident member shall have the right to join the association, and all members, as members of the Chinese staff, shall have the right to vote and the right to vote (cannot be the president of the association). In calculating public expense, the total amount of salary that is based on calculation includes foreign employee benefits in principle, but there are cases in which foreign employee benefits were excluded under the terms of the establishment of higher and public institutions.
ᄋ The Company may not assign or terminate a labor contract with the President or Vice-President of the Council before the expiration of its term (article 28 of the Articles of Business for the Enterprise Society) without the consent of the Council and the Higher Council.
ᄋ The term of a public meeting committee is usually three years per annum, and the persons responsible for the management and management of the enterprise, the joint managers and their immediate relatives shall not be members of the public meeting committee of the corporation (article 11 and 24 of the Business Ordinance for the Public Works of the Corporation).
ᄋ Management managers, joint managers and their close associates, personnel managers and foreign employees of a company shall not be public shareholders of the company (Article 6, 21 of the Rules for the Selection of Company’s Notes).
ᄋ The term of a chairman of a public meeting is generally set at three years.

the statute of limitations in a labor action

(1) General prescription of labor arbitration

The time limit of labor arbitration is generally one year, and the worker is calculated from a date when he or she knows his or her rights have been violated or rightly considered to be. In the case of a general labor dispute, rights relief shall not be granted if labor arbitration is not applied within one year after the occurrence of a rights violation. In addition, a worker shall not receive a right relief from the statute of limitations unless he or she raises a labor arbitration within one year of retirement.

Labor claims twice as much, but lost due to the statute of limitations
Sohn joined the company as a truck driver from 2010 年1 and 1 day, and paid 5,000 won per month, but he continued to fail to sign a written labor contract. However, the relationship with the boss deteriorated to 2015 해제1111, and the company was relieved of its labor relations with the company for economic compensation Two months after his retirement, Sohn applied for labor arbitration from 2015 年3月1 and asked the company to pay 300,000元 (5,000x 12 months x 5 years) in double the wage difference from the failure to pass a written contract for five years.
(Explain)
The Labor Arbitration Commission rejected the workers' request, saying the labor arbitration limit was more than one year. In the case of double pay, the right to claim is extinguished if the worker does not claim quickly because the name is similar to labor compensation, but is actually a penalty (a penalty), because the statute of limitations is strictly subject to "one year" as in the case of general labor arbitration.

(2) Special prescription of labor arbitration;

Related to labor conservatism, or wages, is difficult to file a lawsuit until workers retire because of worries about losing their jobs. Thus, the Labor Dispute Arbitration Act stipulated that "labor conservatism" should not be subject to one year’s "timely" restriction, with an exception.
In other words, labor disputes arising from the overdue payment of labor remuneration (wages, overtime expenses, etc.) during the duration of the labor relationship (retirement) shall not be restricted to one year of labor arbitration, and may be filed retrospectively for issues of more than one year in the past. However, from the end of the labor relationship (retirement, dismissal, etc.) the application for arbitration shall be made within one year for labor arbitration, and the application for arbitration may be made for infringement of labor remuneration-related rights for all periods in office.
Theoretically, the company’s burden of proof is limited to two years, and workers themselves should present relevant evidence for retrospective claims exceeding two years, since unrestricted historical claims can be made for labor, but the obligation to store the records of wages is actually set at two years.
The most commonly raised overtime costs belong to "labor conservatism," so the period prior to the tenure of the office is subject to a labor arbitration claims. For a meticulous worker, unlimited retroactive claims can be made if all the evidence is carefully taken up to two years ago. However, in reality, such cases are very rare, so in general, if the company’s overtime payment is found to be true, the judgment on retroactive payment is made only for the two years under which the burden of proof is imposed.

[Management Arbitration Act for Labor Disputes]
Article27 The time limit of applying for a labor dispute is one year. The time limit for arbitration shall be calculated from the date on which the party is aware or rightly aware that the right has been infringed.  Regulations for General Time Effect
In the event of a dispute arising from a delay in payment of labor remuneration during the duration of the labor relationship, the application of arbitration by the worker shall not be limited to the effective period ("one year") of the arbitration prescribed in paragraph 1 of this Article.
However, if the labor relationship is terminated, the application shall be made within one year of the end of the labor relationship.
 Regulations for Special Time Effect

5. Response to a labor dispute

(1) Appropriate countermeasures in the event of a labor dispute

1 Pursue the settlement of labor disputes (x)
In this case, the solution was smooth.The coast may be very high, depending on the number of positions.
Also, you cannot accumulate direct experience of labor litigation, resulting in a vicious cycle of continuing to rely on the city.
Become.
2 Promote a private negotiation solution with workers (x)
This gives workers the impression that the company is on edge, so it is likely to increase the level of demand and complicate the agenda. Prior to the revision of the Labor Arbitration Act, private negotiations by the management should never be pursued.
3 Finding a professional labor lawyer and preparing for litigation (o)
In case of a competent lawyer, even if the company is disadvantageous in the case of a labor lawsuit, it can be adjusted to the proper extent by communicating with the arbitration committee or the judge.

(2) Handling of labor arbitration

1 Analyze whether a worker's request for arbitration is reasonable
The management first analyzes whether the workers' arbitration claims are reasonable and legal, and analyzes and summarizes reasonable and unreasonable demands among the contents raised.
2 Progress of investigation on facts and grounds stated by workers
The facts and grounds of the workers' statements in the application for labor arbitration shall be investigated and the facts shall be confirmed.
Identify what is and is not true.
3 Aggressive collection of evidence
Collect and organize evidence to be submitted for refutation on matters where the worker's statement does not conform with the facts.
4 Pre-analysis and prediction on the direction of the dispute plan
An analysis of labor arbitration claims by workers and related evidence collected
On the basis of that, the primary judgment is on the outcome of the agenda.
5 Preparing a solution
A solution is prepared after pre-analysis and prediction is made. Present a "coordination" plan with the worker and review whether adjustment should be made or terminated by a ruling. If you're working with a worker
If "reconciliation" is required, the company shall prepare the minimum negotiating conditions to be presented during "adjustment".
Some of the malicious issues are lack of evidence, and the company may not agree to the adjustment even if it is at a disadvantage, and may choose a time-consuming and cost-effective way of putting pressure on the opponent while continuing with the first and second trials in consideration of their impact on other employees.

(3) Precautions during the handling of labor disputes

1 Avoid escalation
In the event of a labor dispute, a fundamental problem exists in the company, and it is used as an employee.
If there is a possibility of expansion, it can be negotiated in an unexpected direction.
It is good to prevent the situation from escalating.
A worker demanded 2,000 billion won in compensation for failing to pay social insurance when he moved, but the company refused. The employee then filed a complaint with the labor watchdog and had to pay hundreds of thousands of yuan in fines as inspection results revealed many illegal labor practices.
2 Importance of Labor Arbitration
In the absence of attendance at the Labor Arbitration, the company shall be deemed to have given up the right to answer and refute, and arbitration is highly likely to make adverse decisions to the company based on the evidence submitted by the worker. Therefore, rather than let it go and give up, the company should actively respond to lawsuits, minimize losses, and try to shift to its advantage.
3 Do not give up prematurely even on a high possibility of losing.
Admitting the opponent's evidence under any circumstances. It is important to note that the defeat should not be rashly acknowledged, and that even if there is virtually an illegal part of the company’s action, his claim, unless there is sufficient evidence, is equally unlikely to win the support of the arbitration committee or the court.

the statute of limitations in labor proceedings

(1) General prescription of labor arbitration

The time limit of labor arbitration is generally one year, and the worker is calculated from a date when he or she knows his or her rights have been violated or rightly considered to be. In the case of a general labor dispute, rights relief shall not be granted if labor arbitration is not applied within one year after the occurrence of a rights violation. In addition, a worker shall not receive a right relief from the statute of limitations unless he or she raises a labor arbitration within one year of retirement.

Labor claims twice as much, but lost due to the statute of limitations
Sohn joined the company as a truck driver from 2010 年1 and 1 day, and paid 5,000 won per month, but he continued to fail to sign a written labor contract. However, the relationship with the boss deteriorated to 2015 해제1111, and the company was relieved of its labor relations with the company for economic compensation Two months after his retirement, Sohn applied for labor arbitration from 2015 年3月1 and asked the company to pay 300,000元 (5,000x 12 months x 5 years) in double the wage difference from the failure to pass a written contract for five years.
(Explain)
The Labor Arbitration Commission rejected the workers' request, saying the labor arbitration limit was more than one year. In the case of double pay, the right to claim is extinguished if the worker does not claim quickly because the name is similar to labor compensation, but is actually a penalty (a penalty), because the statute of limitations is strictly subject to "one year" as in the case of general labor arbitration.

(2) Special prescription of labor arbitration;

Related to labor conservatism, or wages, is difficult to file a lawsuit until workers retire because of worries about losing their jobs. Thus, the Labor Dispute Arbitration Act stipulated that "labor conservatism" should not be subject to one year’s "timely" restriction, with an exception.
In other words, labor disputes arising from the overdue payment of labor remuneration (wages, overtime expenses, etc.) during the duration of the labor relationship (retirement) shall not be restricted to one year of labor arbitration, and may be filed retrospectively for issues of more than one year in the past. However, from the end of the labor relationship (retirement, dismissal, etc.) the application for arbitration shall be made within one year for labor arbitration, and the application for arbitration may be made for infringement of labor remuneration-related rights for all periods in office.
Theoretically, the company’s burden of proof is limited to two years, and workers themselves should present relevant evidence for retrospective claims exceeding two years, since unrestricted historical claims can be made for labor, but the obligation to store the records of wages is actually set at two years.
The most commonly raised overtime costs belong to "labor conservatism," so the period prior to the tenure of the office is subject to a labor arbitration claims. For a meticulous worker, unlimited retroactive claims can be made if all the evidence is carefully taken up to two years ago. However, in reality, such cases are very rare, so in general, if the company’s overtime payment is found to be true, the judgment on retroactive payment is made only for the two years under which the burden of proof is imposed.

[Management Arbitration Act for Labor Disputes]
Article27 The time limit of applying for a labor dispute is one year. The time limit for arbitration shall be calculated from the date on which the party is aware or rightly aware that the right has been infringed.  Regulations for General Time Effect
In the event of a dispute arising from a delay in payment of labor remuneration during the duration of the labor relationship, the application of arbitration by the worker shall not be limited to the effective period ("one year") of the arbitration prescribed in paragraph 1 of this Article.
However, if the labor relationship is terminated, the application shall be made within one year of the end of the labor relationship.
 Regulations for Special Time Effect

5. Response to a labor dispute

(1) Appropriate countermeasures in the event of a labor dispute

1 Pursue the settlement of labor disputes (x)
In this case, the solution was smooth.The coast may be very high, depending on the number of positions.
Also, you cannot accumulate direct experience of labor litigation, resulting in a vicious cycle of continuing to rely on the city.
Become.
2 Promote a private negotiation solution with workers (x)
This gives workers the impression that the company is on edge, so it is likely to increase the level of demand and complicate the agenda. Prior to the revision of the Labor Arbitration Act, private negotiations by the management should never be pursued.
3 Finding a professional labor lawyer and preparing for litigation (o)
In case of a competent lawyer, even if the company is disadvantageous in the case of a labor lawsuit, it can be adjusted to the proper extent by communicating with the arbitration committee or the judge.

(2) Handling of labor arbitration

1 Analyze whether a worker's request for arbitration is reasonable
The management first analyzes whether the workers' arbitration claims are reasonable and legal, and analyzes and summarizes reasonable and unreasonable demands among the contents raised.
2 Progress of investigation on facts and grounds stated by workers
The facts and grounds of the workers' statements in the application for labor arbitration shall be investigated and the facts shall be confirmed.
Identify what is and is not true.
3 Aggressive collection of evidence
Collect and organize evidence to be submitted for refutation on matters where the worker's statement does not conform with the facts.
4 Pre-analysis and prediction on the direction of the dispute plan
An analysis of labor arbitration claims by workers and related evidence collected
On the basis of that, the primary judgment is on the outcome of the agenda.
5 Preparing a solution
A solution is prepared after pre-analysis and prediction is made. Present a "coordination" plan with the worker and review whether adjustment should be made or terminated by a ruling. If you're working with a worker
If "reconciliation" is required, the company shall prepare the minimum negotiating conditions to be presented during "adjustment".
Some of the malicious issues are lack of evidence, and the company may not agree to the adjustment even if it is at a disadvantage, and may choose a time-consuming and cost-effective way of putting pressure on the opponent while continuing with the first and second trials in consideration of their impact on other employees.

(3) Precautions during the handling of labor disputes

1 Avoid escalation
In the event of a labor dispute, a fundamental problem exists in the company, and it is used as an employee.
If there is a possibility of expansion, it can be negotiated in an unexpected direction.
It is good to prevent the situation from escalating.
A worker demanded 2,000 billion won in compensation for failing to pay social insurance when he moved, but the company refused. The employee then filed a complaint with the labor watchdog and had to pay hundreds of thousands of yuan in fines as inspection results revealed many illegal labor practices.
2 Importance of Labor Arbitration
In the absence of attendance at the Labor Arbitration, the company shall be deemed to have given up the right to answer and refute, and arbitration is highly likely to make adverse decisions to the company based on the evidence submitted by the worker. Therefore, rather than let it go and give up, the company should actively respond to lawsuits, minimize losses, and try to shift to its advantage.
3 Do not give up prematurely even on a high possibility of losing.
Admitting the opponent's evidence under any circumstances. It is important to note that the defeat should not be rashly acknowledged, and that even if there is virtually an illegal part of the company’s action, his claim, unless there is sufficient evidence, is equally unlikely to win the support of the arbitration committee or the court.

01 Labor dispute

Korean companies tend to be overly afraid of labor lawsuits. Thus, if there is a labor dispute with an employee, it can be a case of visiting Wuxi, or of trying to get a handle on the issue while in a hurry to reach a compromise with the employee himself.
In China, "labor litigation" is a matter of daily plurality. Instead of making a ruling, whether it is a labor arbitration or a court, the arbitrator or a judge always tries to adjust (reconciliation) to the right line between labor and management. Therefore, it is also necessary to take the initiative in encouraging employees to file labor lawsuits, rather than on sensitive issues that threaten the order of the workplace or affect other employees.

1. Labor arbitration

In the event of a labor dispute, the party shall not be allowed to file a suit directly with the court. First, the arbitration shall apply to the Labor Arbitration Commission for arbitration (the "principle" of the arbitration panel). In the event of objection to the arbitration decision made by the arbitration panel, the party may, as a rule, file a suit with the court.

Current trend of labor arbitration (corporate view)

1 Submission of arbitration application
Workers shall prepare and submit written work arbitration application form 1 and 2 to the Labor Arbitration Commission.
2 Repair and repair costs
The Labor Arbitration Commission shall determine whether repairs are carried out within five days of receipt of the arbitration application. In the event of determining non-repair, or within five days, the worker may file a suit with the court. Labor arbitration is free.
3 An application for arbitration of workers to a company from the arbitration committee
If the arbitration committee decides to repair the application, it shall send a notice of appeal, together with an application for arbitration, to the company within five days. The notice requires an enterprise to submit an answer to the arbitration committee within 10 days of receipt of the application for arbitration.

[Point]
Answers refer to replies and explanations submitted by the entity in relation to the worker's application for arbitration, and may specify the opinions and reasons of recognition or disapproval of claims claimed by the worker. However, an entity’s submission of an answer is not mandatory, and is not at any disadvantage. When an entity submits an answer, the arbitration board sends it to the worker within five days, so the entity does not have to submit the answer in advance to expose the company’s views to the workers in advance. Through lawyers, submit it at the time of the revision of the Labor Arbitration Act, or give an oral answer.

4 Notice of Revision
The Arbitration Commission shall notify the parties in writing of the date of the amendment and the location of the amendment five days before the amendment. The party may apply for postponement up to three days before the amendment, if there is a valid reason, and the arbitration committee shall make the final decision on the postponement.
Fifth Amendment hearing
During the hearing process of the Labor Arbitration Commission, both labor and management are allowed to argue with each other. The preparation work before the revision, the method of claiming the management position in case of revision, and the strategy of litigation are important keys to eliciting favorable arbitration decisions.
6 Arbitration decision (裁决)
Mediation decisions are divided into two types: one final arbitral decision, two non-substantial arbitration decision.
(a) Determination of eventual arbitration;
The ultimate arbitration decision is a system to protect the interests of workers on small agendas, as specified in the "Adjustment and Arbitration of Labor Disputes Act." Regarding the arbitration panel's final judgment, the staff may complain and file a complaint with the court, but the company shall not be allowed to file a complaint with the court in protest of the court.

[Iljizongguk system]
Before the Labor Dispute Arbitration Act was enacted in May 2008, there were many cases in which a company intentionally filed a complaint with the court to prolong the court hearing to the maximum extent possible under the 1裁2 (Labor Arbitration Act). In the process, workers were often forced to accept management`s proposal for coordination due to time and cost issues. This system is intended to prevent users from over-issuing lawsuits after arbitration decisions, in the case of small-scale or clear labor standards of labor,
It was stipulated that the issue should be terminated by the decision of the Arbitration Commission.
Labor remuneration, expenses for casual medical care, economic compensation or economic compensation and national labor
A clear standard, small labor not exceeding 12 months of the local minimum wage.
a matter of dispute

(b) Determination of non-subsidiary arbitration (裁决)
In the event of a general labor dispute that does not constitute a final arbitration decision, the arbitration committee shall make a non-final arbitration decision. In this case, the entity and its employees may file a suit with the court within 15 days of receipt of the arbitration decision, if either party does not comply with the arbitration decision. If a lawsuit is not filed within 15 days, the arbitration decision will go into effect and the litigant will face its arrest.

2. Labour litigation

1 Submit the indictment to the court.
Where no non-substantial arbitration decision has been made by the Labor Arbitration Commission, enterprises and employees may submit an indictment to the competent court either way.
2 Repair
The competent court shall conduct a formal review of the documents submitted and, if accepted as conforming to the repair conditions, issue a notice of legal cost payment to the plaintiff.
3 PREPARATION OF Suit costs (P
The plaintiff shall prepay the costs of the case (10元 in one case) within seven days of receipt of the notice. The final responsibility of the plaintiff and the defendant for the legal costs of this 10元 shall be determined by the outcome of the court ruling.
4 Appointment (former)
The court should book the plaintiff within seven days after receiving the plaintiff's indictment (Article 112 of the Civil Procedure Act), but in reality, it is common for the plaintiff to check the deposit of the plaintiff's charge and then to charge it. The date of the booking is very important because it is the date of reckoning.
5 Notice to the defendant
The court sends a notice of return with the indictment to the defendant within five days of the date of the charge. The defendant shall submit a reply within 15 days of the date of receipt (Article 113 of the Civil Procedure Act).
6 Send an answer sheet
The court shall send this letter to the plaintiff within five days of receipt of the reply from the defendant (Article 113 of the Civil Procedure Act).
7 Notice of Revision
Up to three days before the date of amendment, the court shall notify the parties of the revised notice and the time and location of the amendment (Article 115 of the Civil Procedure Act).
8 Words of a Single Decision
The first court must end the hearing on the agenda within six months of the date of the booking and make a ruling. For special reasons, it can be extended by six months with the approval of the respective court chief. If an extension is required, the higher court shall grant it (Article 135 of the Civil Procedure Act).
9 appeal
In the event that a party dissents from the first trial, it may appeal to the higher court within 15 days of the delivery of the first trial decision. Failure to appeal within 15 days will result in the 1st judgment being effectuated and the parties being arrested (Article 147 of the Civil Procedure Act). In the event of appeal, the appeal chief shall submit it to the court which made the first decision.
Notice of Appeal: 1The court which has made the decision shall send the subpoena of the Appeal within 5 days after receiving the Appeal and require the submission of the reply within 15 days from the date of receipt of the appeal (Article 150 of the Civil Procedure Act).
10 Second Judgement (final trial)'s)
The second court must end the hearing of the case within three months from the date of the second trial and make a ruling. If there is a special reason, it can be extended with the permission of the head of the court concerned (Article 150 of the Civil Procedure Act).

3. Responsible for proving labor disputes

In civil proceedings, the principle of "the principal (proven by the captain)" is established. In other words, in the case of claiming something, the captain must prove it by submitting evidence backing up his argument (Article 64 of the Civil Procedure Act).
Although labor disputes are basically in accordance with this principle, labor relations have the characteristics of human subjugation of "manage-defence" and, in light of the fact that many of the evidence is kept in the enterprise, the enterprise is obliged to submit these evidence (Article 6 of the Arbitration of Labor Dispute Act). For this reason, an entity needs to manage and take care not to lose documentation about its labor relationship from day to day. Failure to submit necessary documents through negligence may result in disadvantages in labor litigation.

(1) Applies burden of proof to workers (general burden of proof)

Not all evidence of workers should be proved by an enterprise by submitting counterargument evidence. Where a worker makes the following claims, the worker himself shall present evidence to prove it.
1 Where overtime is claimed to be unpaid, it shall be demonstrated that overtime is not paid.
2 Where a labor relationship with a company is claimed to have been established, evidence of the establishment of a labor relationship shall be submitted.
3 Where the received wages are claimed to be less than the agreed wages, the worker shall certify the agreed wages.
4 If a woman claims the right to special protection during the third term (fertile breastfeeding), she must submit evidence of misbirth, miscarriage, etc.
5 In the case of filing an application for arbitration with the Labor Arbitration Commission, not on corporate property, and filing a suit with the court, the worker must prove where the labor contract is to be carried out.
6 If a non-fixed labor contract is claimed, it shall be demonstrated that it conforms to the requirements for the conclusion of an indefinite labor contract.

(2) Applies burden of proof to enterprises (Special burden of proof - Conversion of burden of proof)

1 In the case of labor disputes concerning termination of employment, reduction of wages, and determination of the length of service, the enterprise shall submit evidence (Article 13 on the slight application of the highest People's Court labor dispute proposal). In other words, the entity must present data proving its legitimacy by demonstrating the reasons for firing the worker, the reason for the reduction in wages and the basis for calculating the number of years of service.
2 In the event of a dispute between an entity and a worker over whether it is a fantasy, the entity shall:
It shall be borne the burden of proof and shall prove that it is not a fantasy (article 19 of the Commercial Insurance Ordinance).
3 Since the wage payment statement, social insurance purchase and insurance premium payment records, and absenteeism and tardiness inspection records are kept by the company, the company is responsible for submitting these evidence (Article 2 of the Ministry of Labor and Social Security's Notice on Establishing Labor Relations)
These evidence is under the management of the entity and the employee cannot submit them. If the entity does not submit these evidence, it is assumed that the employee’s argument is established. For example, if an employee claims not to have received wages, it is assumed that the entity did not pay wages if it did not submit a wage statement.

Based on the above-mentioned agenda, let's look at the issue of proving and distributing overtime costs in case of labor litigation.
1 Workers claiming overtime pay submitted rudimentary evidence: Some of the original absenteeism and tardiness records signed by the department manager in the above agenda have been obtained and submitted by the worker, and this record lists weekend overtime work every week.
2 The Company presents evidence that overtime work does not exist: In the above issue, it has submitted a wage statement signed by the worker. However, due to the wide gap between the number of working days on the wage statement and the number of absenteeism and absenteeism and tardiness records submitted by the workers, the court did not acknowledge its veracity.
3 If the company fails to verify paragraph 2 and also fails to submit a valid absenteeism and tardiness record, the court shall acknowledge the claim of overtime work by the workers based on paragraph 1.

As soon as employee dissatisfaction builds up and opinions begin with the company, it should be considered that employee evidence collection begins. In particular, overtime costs are the most frequently filed item at the time of retirement, so the company needs to pay attention to the following points to ensure that unfavorable evidence does not leak:
o If overtime expenses are not accurately calculated and paid, the workbook should be written, e-mail, Weissin, or the work group should be posted to order extra work.
o the act of specifying Saturday's normal work schedule in the labour contract, or employment rules;
o Write overtime hours on the wage table and other wage items (e.g. overtime pay, etc.) instead of overtime expenses;
an act of payment
o After overtime is completed, the written evidence provided in other name (benefit, subsidy) other than the cost of overtime is not included in the report;
the act of leaving behind

3. Working-level measures for overtime management

(1) Establishing an approval system for overtime review and approval - Control of unbridled overtime work

Article 41 of the Labor Law of China states, "User may extend working hours after consultation with the public and workers, by the need for production management." In other words, overtime refers to the task that the user gives instructions and the staff accepts and proceeds. It is not acceptable for a worker to work overtime on his own, despite the absence of a company's demand.
If the company has a overtime review approval system, the employee must obtain the company's approval in advance if he or she is unable to complete the normal work duties during normal working hours, otherwise it cannot be recognized as overtime. In other words, it can be recognized as a overtime work only if the company has arranged the overtime work or if the employee has applied for approval from the company in advance.
The company should avoid unnecessary disputes caused by lack of an arrangement or uncertainty of the arrangement by clarifying the implementation of the overtime review and approval system, without going through the overtime review process, and by making it clear that the overtime work is not subject to payment for an hour.

[Example] Are overtime work recognized in the absenteeism and tardiness record table?
Mr.Wang remained alone in the office every day and worked hard even after work hours had passed. After two full years of service, Mr.Wang tendered his resignation for a former job and at the same time charged the company with two years of overtime expenses. The company was incomprehensible. Because he never asked Wang to work overtime, and he voluntarily stayed in the office after work. In addition, for two years Mr.Wang had never asked the company for overtime. Therefore, the company replied that overtime payment was not necessary.
(labor arbitration result)
Mr. Wang's absenteeism and tardiness records show that he spent more than eight hours each day at the company
but there's evidence that he worked at the company after work
I didn't been submitted. The company has a clear overtime screening and approval system, but applies for overtime work.
Instead, he stayed at the company to handle business. So, Mr. Wang's behavior is...
I reject the claim because it does not belong to overtime.

As shown in the above example, a simple absenteeism and tardiness record can only prove that the employee has been in the company for a company.
Only. However, if the company does not have a "work permit system," the company will be in a difficult position to prove that its employees did not work overtime by using other evidence in the event of a labor action.

[working-level measures]

1 The employment rules stipulate the overtime review and approval system.
The overtime work shall be carried out after obtaining approval from the supervisor in advance using the application for overtime work.
[Example] "The company does not advocate extra work for the employees. The extra work of the staff must be done by the company.
It shall be approved or arranged and shall be approved by the company or by an employee without the company.
Voluntary overtime is not recognized as overtime."

2 A work permit system shall be specified in the labor contract.
In addition to the employment rules, the labor contract stipulates the approval system for overtime work. There is a legal risk if there is no commitment to labor contracts individually concluded 1:1 and only to employment rules. This is because if the employment rules are invalidated (e.g., employee's signature on notice, non-acquisition, etc.) the legal effect is lost.

(2) Preferred arrangements for alternative vacations

Labor laws stipulate that if extra work is given on weekends off (Tuesday and Sunday), alternative leave should be granted first. The legislative purpose is to ensure workers' right to rest first. Therefore, if overtime is ordered on the day of rest, the user may arrange the alternative leave as a priority, and in the event of a failure of the replacement vacation, the obligation to pay the overtime fee is incurred.
Since weekend overtime costs are 200 percent, it is necessary to control overtime spending first by choosing an alternative vacation. In some cases, employees refuse to arrange alternative vacations for the company after weekend overtime and ask for 200 percent of overtime fees, but there is no legal basis. However, in the case of certified and technical workers, replacement leave is generally applied to office management and business positions, as they often refuse to work overtime on weekends unless they are paid 200%.
The expiration date of alternative vacation days for overtime work on weekends is in accordance with company regulations, but it is often required to be used within three months. The legal acceptance of alternative vacations is limited to weekend overtime, and not to weekdays or legal holidays. It is a violation of labor law to grant them alternative leave when they accumulate extra work without paying extra work after ordering them to work on a weekday work.

[ Opinion on a Little Problem Related to the Thorough Implementation of Labor Law ]
Article70 If a worker is required to work on a day off, the employee shall first be given an equal amount of time off.
If it is necessary and cannot be granted a substitute vacation, based on the provisions of Article 44 (2) of the Labor Act,
Workers should be paid a premium wage (200%) of overtime hours.

(3) Rational arrangement of overtime pay riders

Except for some areas (acidity), most areas, such as Gangso-seong, Guangdong, and Shanghai, are recognized by the law enforcement agencies when the number of overtime workers is agreed within reasonable limits. For example, if a wage item is divided into several categories, the basic wage is set at approximately 70 per cent of the total, and the remainder is paid by various allowances, subsidies, and variable performance benefits, and if the basic wage is promised on the labor contract as a period of overtime, the expenditure on overtime can be reduced as much. It is important to note that, if an arrangement is not made, there is a risk that the entire wage will be recognized as a non-regular overtime period.

(4) Setting the fixed residual cost

In the case of an employee who works overtime for a certain amount of time each day, such as the driver or the production supervision of a factory, or the company that is required to work on Saturday, the total remaining hours of the month shall be set in advance and paid as a fixed overtime rate. This means that extra work is paid in advance, and the regular wage is reduced by that much, thus lowering the number of overtime
On the other hand, if a fixed overtime fee corresponding to the remaining work time of 20 hours per month is paid, an additional supplement to the overtime fee is required if the actual overtime time exceeds 20 hours.

[Example] Saturday Anti-Japanese Service Anbashi, Set Fixed Residual Expenses
For employees with a basic salary of 2,000元, the hourly overtime rate is 2000/21/75/8 =11.5元. If you work extra four hours every Saturday, it will be four hours by five times by 20 hours by 11.5 by 2 = 460 hours.
Therefore, if the basic salary of 2,000元 + fixed overtime (five hours on Saturday) is paid 460 = = 2,460위 and the wage statement states the extra work cost on Saturday, it is deemed to have been calculated and paid in advance. Without doing this, for example, if the overtime pay is set at 300元, the employee may at any time request for a supplementary payment for the difference of 160元.
Meanwhile, for example, in anticipation of a four-hour shift on Saturday, the company would have to pay an additional 20 hours per month in advance in the form of fixed overtime, but if the business conditions had actually worked eight hours on Saturday, the company would have to pay the difference from the actual overtime.

(5) Using the special working hours system - Conditions for obtaining approval from the Bureau of Labor

In the case of drivers, out-of-the-box salesmen, and advanced management jobs, the irregular work system can free them from the obligation to pay overtime. Even if it is a temporary work system, some regions, including Shanghai, Shenzhen and Honam provinces, require 300 percent of overtime pay for overtime work on legal holidays, while others are not required to pay overtime fees, whether on weekends or on legal holidays.
The comprehensive calculation work time system calculates the total amount on a given period of time, and the obligation to pay overtime costs is 150 per cent for the time that is exceeded. Compared to the standard working hours system, there is no need to pay 200% overtime for weekend overtime work, and it is possible to save a significant amount of overtime money if operated in an off-season way by reducing working hours and increasing them during peak seasons.

(6) Arrangements for labor contracts for effective working hours

The hairdresser doesn't do haircuts all day long, and when there's no customer, she's in the office.
Rest. If no arrangement is made, there is a risk that overtime charges will be filed upon retirement, saying that the entire office hours were working hours. To prevent this, a store, a hair salon, etc.
If the work intensity is not high, the atmosphere is high, and the rest area is available during the waiting period.
At the time of joining the company, the contract states that "the effective working hours of the staff are * hours per day."

03 Residual work management

The most confusing aspect of Korean businesses doing business in China is overtime work. This is because it operates a legal system that is quite different from Korea. For example, senior management positions, such as general account, are also theoretically included in the payment of overtime expenses, and while the nationwide increase rate of overtime fees is the same, the setting method of calculating overtime expenses (based amount) varies from region to region. Thus, in China, how to agree on the criteria for overtime fees in labor contracts, how to establish a pre-submission system for overtime work in-house, and how to effectively control overtime work by department and occupation are becoming very important tasks.

1. Basic rules for overtime expenses

1 Regulations for overtime work
o calculation formula for overtime expenses: number of overtime pay calculators (base) × premium rate
o overtime hours: the overtime hours shall be within one hour per day and the extra hours for special reasons shall not exceed 36 hours per month.
o Restrictions: Female workers and breastfeeding workers over seven months of pregnancy are not permitted to arrange overtime and night labor.
o Subject: Unlike Korea, all employees, including senior management positions, are eligible for overtime payment. Management cannot replace overtime expenses by paying administrative allowances.

a two-day overtime rate
o Standard working hours: applied differently by weekdays, weekends, and legal holidays
o Comprehensive calculation work hour system: 150% premium rate applied uniformly, weekday or weekend
o Non-regular work hours: flexible work hours with no fixed commuting hours, no overtime fees

Standards for overtime payment in the working hours system
Weekdays overtime weekend overtime work extra work
150% of standard working hours, 200% and 300%
150% and 300% of total calculation work hours
Extra work expenses for irregular work days are not applied (but in some regions, such as Shanghai, Shenzhen, and Honam provinces, 300% overtime pay is required during legal holidays.

Pay-rate wage system by number of production
• Weekdays = unit price × 150% • weekend = unit price × 200% • legal holiday = unit price × 300%
[Example] Production of 12 pieces of clothing daily by the company’s agreed-upon labor standard with the workers
If the unit price is 3元 per point, per unit price for overtime work:
12 points after production completion, unit price of 4.5 per weekday, weekend special work 6근, legal holiday 9元

3 Number of overtime pay calculators (基数) - Variation by region

The overtime rate is unified across the country, but the overtime rate calculators have different rules for different provinces. There are no rules for keeping overtime pay-per-mission rules, such as "pay-as-you-go rules" and "work-contract ordinances" in each province.
Except for provinces where some "ordinary wages" such as Shandong Province are paid by non-regular workers, the number of overtime expenses can be agreed on in labor contracts. However, it is important to note that an arrangement must be made within reasonable limits to be legally valid.
In the case of an entity that is located in an area where the contract for overtime pay is available, wage items that are paid on a fixed monthly basis, such as basic salary and job allowance, are included in the non-regular period of overtime work, but performance benefits, allowances and subsidies that vary from month to month are excluded from the arrangement. If the arrangement is not made, it is necessary for the entity to carefully review local regulations and make arrangements for the number of overtime expenses in the labor contract, because there is a risk that the entire ordinary wage will be recognized as the number of overtime pay in the event of a labor action.

Rules for setting up overtime payers by region

a dragon in a jockeyed area for extra work.
1 Labor and management may agree on the scope of "normal working hours wages" such as "normal working hours wages" as overtime pay, and "normal working hours wages" such as Guangdong Province. The two sides can promise "normal working-hour wages" as basic wages, while other allowances, subsidies and performance-based pay do not belong to "normal working-hour wages."
Basic salary, job salary, and job/technical allowance, which are fixed monthly payments such as Beijing, are all required to be made as overtime pay for fixed wage items in February. However, performance bonuses, incentives, and overtime pay, which are paid on a monthly basis, can be excluded from the number of overtime expenses.
the cost of overtime in the previous month's wages.
As the deductible amount becomes the overtime rate, the promised Shandong province "Wage in the previous month" becomes the non-regular worker, the remaining amount minus the overtime cost from the previous month's wage table becomes the number of overtime pay. Therefore, the number of overtime pay varies from month to month.
4 o commensurate with position
extra work expenses
Arrangements can be made by flagging.
o In the absence of an agreement, 70 per cent of the monthly wage for normal attendance is set as the period of overtime expenses, o In the event of an agreement between labor and management on "normal wages," the term of overtime fees, is enforced according to the agreement;
o If there is no arrangement, "70%" of the total wage (excluding overtime expenses) received on normal business trips is set as the basis for overtime expenses (most injury-related companies do not make an arrangement, but follow this approach)
5 o Agreements can be made in labor contracts
o In the absence of an agreement, the wage is usually paid overtime
Kang So-sung, o In case of an agreement between labor and management, follow the agreement.
(3) o Calculation according to the wages of the workers in the previous 12 months, if there is no arrangement;
(explanation) Allow reasonable arrangements between enterprises and employees. Once the agreement goes into effect, it's binding on both

4 Example of calculating overtime costs
The overtime costs are calculated according to the employee's hourly wage. The hourly wage is calculated according to the number of days of monthly wage calculation.

Hourly = Monthly wage ÷ Monthly wage calculation days (21.75) ÷ 8 hours

[Case]
The monthly salary is 7,000 won, basic wage is 5,000 won, and the number of overtime pay is agreed as basic wage. Employees work nine hours of legal holidays on Oct. 1, five hours of holiday work on Oct. 17 and two hours of overtime on Oct. 20 (Monday)

Cost of overtime calculation method overtime
9 hours, 5000 hours, 21.75 days, 8 hours, 9 hours, 3 hours, and 775.86 hours on Oct. 1 (Lawful Public Holiday)
5 hours, 5 hours, 5000.7521.75 days, 8 hours, 5 hours, 200%, 287.35 on October 17th (Tuesday)
9 hours, 5000元÷21.75 days, 8 hours, 2 hours, 150% 86.21 hours, October 20th
Total 1,149.42元

2. Residual work cost effective and burden of proof

(1) Intermediating labor disputes

The "poetry" of labor arbitration has 1 general prescription and 2

1 General prescription
The "protest" of a labor action shall be for one year, and the party may know that his rights are violated, or
Of course, it is calculated from the date it is considered to be known. That is, when it comes to self-rights,
If a labor action is to be filed within one year of retirement and no labor action is filed within one year of retirement,
The opportunity to be relieved of the rights that have been infringed is forfeited.
2 Special prescription
What is related to labor remuneration (wage) is that workers are employed because of worries about losing their jobs.
Some people are reluctant to file lawsuits. In light of this, the Arbitration for Labor Disputes Act is called "labor conservatism."
As far as is concerned, it is exceptionally stipulated that one year’s "time-to-day" restriction is not imposed.
In other words, within one year of retirement, there is no need to pay for all periods of labor (including overtime expenses) while in office.
In response, in theory, a lawsuit can be filed retrospectively without limits.

[Management Arbitration Act for Labor Disputes]
Article27 The time limit of applying for a labor dispute is one year. The time limit for arbitration shall be calculated from the date on which the party is aware or rightly aware that the right has been infringed.
 Regulations for General Time Effect
In the event of a dispute arising from a delay in payment of labor remuneration during the life of the relationship, the application of arbitration by the worker shall not be limited to the effective period ("one year") of arbitration set out in paragraph 1 of this Article. However, if the labor relationship is terminated, the application shall be made within one year of the end of the labor relationship.
 Regulations for Special Time Effect

Retroactive claim period for overtime expenses
Labor remuneration belongs to a "special time limit" that is not limited to a one-year arbitration period for the duration of the labor relationship, so a worker may apply for labor arbitration for any remaining work during his or her previous tenure within one year after retirement. However, since the term of preservation of the user’s wage payment evidence is stipulated in the Regulations for Paid Payment, the user is liable to verify only within the two-year retention period, when a labor dispute arises due to the labor compensation issue.
In other words, if the worker completes the basic burden of proof for overtime work, the user shall be responsible for proving that the claim on the part of the worker is groundless in accordance with the wage payment evidence, absenteeism and overtime work approval table, etc.
However, if more than two years are exceeded, the user must prove by submitting evidence to prove his claim, such as a statement of wage payment, as the period of preservation has expired. Realistically, it is difficult for workers to prove by submitting evidence related to labor remuneration two years ago, so retrospective claims for overtime are generally accepted for two years.

[Terminal Payment Settlement Regulations (1994)]
Article6 The company must record in writing the amount, date and recipient's explanation and signature of the wages paid to the workers, and shall also preserve them for more than two years to prepare for the examination.

(2) Distribution of burden of proof in case of overtime expenses

After the Labor Contract Act went into effect, the Supreme People's Court issued the Judicial Analysis (3) in September 2010, putting a Bree Ike in the case for overtime fees, as companies faced management pressure due to reckless overtime claims by workers. He imposed the burden of proof on workers for the existence of extra work. If workers fail to submit basic evidence proving that they are working overtime, for example, absenteeism and tardiness records, shift records, notice of overtime work, journal of work and wage statements, the company denies it, it will end up losing workers.
The fear of the Supreme People's Court's Court Justice's interpretation (3) has put a brake on the worker's lawsuit for overtime fees, as the workers were held accountable for the existence of overtime work. However, workers’ burden of proof only requires "a rudimentary level."
If a worker completes the "initial burden of proof" by submitting some solid evidence of overtime work (such as a company seal or a report on overtime work, or a report on overtime that has been signed by the head of the department, etc.), then the obligation to prove to the company that maintains the records of workers' work is transferred.