배움과 공유의 시간

3. Terminate medical device terminators

If a worker suffers from an illness or is injured in non-work, fails to report to work normally after the expiration of a legally defined medical device, or is unable to engage in the original work, or is also unable to engage in other work arranged by the company, the company may pay economic compensation plus one month’s severance notice allowance ("N+1") and terminate the labour contract.

Standards for the determination of incapacity of work
In the event of a situation in which an employee is unable to enter the office but is unable to engage in the work, the entity may consider whether to terminate the contract. In this case, the entity cannot determine whether the employee is able to engage in the work, and must be assessed by the Labor Competency Assessment Committee (article 35 on the slight issue of the thorough implementation of the Labor Law). There is a risk that a company considers it impossible for an employee to do his or her job only through appearances without being appraised by the Commission on Labor Ability Test, and that it is considered illegal to terminate a labor contract. In practice, cases that are even audited by the Labor Competency Assessment Committee are very rare, and most are conducted by giving and lifting economic compensation, depending on the inability to report to work after the medical plane is over.

4. Terminating contracts of persons who are not qualified for the job

If a worker is unable to perform his or her duties and is still judged unfit for the job after training or job adjustment, the company may pay economic compensation plus one month’s notice of dismissal ("N+1") and terminate the labor contract.

[Case] Lose due to default of court procedure
J is a technical company, A/S, and due to its negligence in A/S, the amount of returns and customer complaints have been continuously reported. Two months later, the company notified J of the cancellation of the labor contract for the reason of non-compliance. J has thus filed for arbitration, and the company has lost.
(Explain)
The company lost the case because it could not provide evidence that it had gone through such legal procedures, although dismissal was possible only after education or job adjustment, and the decision to fail the job was made again.

Criteria for judging job defects
The criteria for non-compliance of duties stipulate that" the duties agreed upon in the labor contract or the workload of the same job or of the same person cannot be achieved" (Article 26 of the Explanation of the Labor Law). However, the final judgment is delegated to the entity, which requires a fair and objective high performance system. In addition, labor contracts or employment rules should define the criteria for job deficiencies, such as two consecutive high scores of less than 60 points (100 points), etc.

Provide a second chance in either training or job coordination
In the event of dismissal, training or job adjustment must be carried out. Whether an entity conducts education or adjusts its duties, the entity can choose on its own. When selecting an education, it is common to take a few hours or so to satisfy the formal requirements and to get a confirmation of the training.
Since the selection of job adjustments is due to lack of job responsibilities, there is no need to obtain consent from employees, there is no need to change labor contracts, and the company can unilaterally adjust its duties (Article 1 of the Ministry of Labor’s Public Affairs’ Reply to the question of the occurrence of labor disputes between employees and businesses due to the change of position). If the assessment of non-compliance is still made after education or job adjustment, the entity may fire the employees.

30 days' notice or one month's wage payment
Since workers are free from negligence, they are required to pay 30 days' notice of dismissal, or an additional one-month wage. Almost all companies pay one-month wages and immediately lift labor contracts. Because if you enter a medical plane or get pregnant with a disease in that month, you will not be able to fire until the special situation

Procedure for dismissal of the reason for non-commissioned job
In the event of a labor dispute, users are liable to prove the legality of their dismissal, and it is very rare in practice for them to actually take such procedures and fire, except for those with clear sales positions, because there is a high possibility of losing if there is a clear set of assessment criteria, evidence of job defect and any defect in the implementation of the court procedure (usually in the form of a negotiation).
1 Unsustainable situation of the current task
Evidence is needed that the work agreed to in the labour contract has not been completed or that the work force of the same task has been significantly underperformed. This requires the completion of explicit and objective standards of high performance in labor contracts or employment rules.
(e.g. in case of a sales position, the sales amount of 100,000元 per month is not met, considered unfit for duty.
It is necessary to preserve evidence related to performance outcome, or job defect, such as work duties determined by the company or data related to the incomplete workload (employee verification required)
2 Progress in education or job adjustment for workers
Job deficiencies can be caused by problems in the work environment rather than by one's own ability.
The law stipulates that one more opportunity is given through education or job adjustments. Education
Education records, employee education registration tables, education reports, or post-education examination papers,
It is necessary to preserve evidence such as education's contents.
3 Judging that he is still unfit for the job after training or job adjustment
Demonstrate that they still fail to complete their duties or workload even after training or job adjustment.
relevant evidence is needed to do Usually, the outcome is proof.
4 Completion of labor contract cancellation notice and preservation of evidence to the person

Practical measures to dismiss employees who are not qualified for the job

[Question] Method of firing a person who is not in the position
One of the employees is not capable of doing his job, so we are going to give him/her economic compensation this time (no negligence by the person to be dismissed). What would be the problem if such incompetent staff were to be organized, the economic compensation plus one month’s worth of layoffs?

There is a clause in the Labor Contract Act that allows for the temporary dismissal of a worker without a job, but in reality, using this provision to fire him requires a very complicated process over a long period of time, as described above. In reality, it is difficult for small and medium-sized companies to take the procedures prescribed by the law, either on time or on evidence. Therefore, in this case, it is realistic to use the company as a bargaining chip with objective data related to poor performance and to take a "negotiate-off" approach under the N+1 condition, putting pressure on the company to exercise its job-coordinating card in the event of non-compliance.

5. Contract cancellation based on the reason for the significant change in objective circumstances


In the event that a significant change occurs in the objective circumstances that were based on the signing of the labor contract, the user may cancel the labor contract under the terms of N+1, and negotiations on the change of the labor contract cannot be made even though the labor-management agreement has been reached.

an interpretation of a significant change in the objective situation
Companies should secure evidence of changes in objective circumstances that would no longer be able to implement labor contracts such as corporate transfers, closures of stores and M&As. While there is nothing wrong with external objective factors, it is debatable whether they belong to a significant change in the objective situation when job cuts are needed in accordance with the closure of certain departments within the company, or reorganization of the company’s.
Legally and strictly, this can be seen as a subjective judgment of the company’s management class rather than a change in objective circumstances. However, in a situation where the business environment is radically changing, it cannot be tied to the legal profession alone. For example, because the cancellation of a business item may be recognized at the discretion of the judge if there is a reasonable and sufficient reason for the department to be shut down altogether, the company needs to try to adjust its duties and negotiate on the basis of Article 40(3) of the Labor Contract Act, and take action to terminate the contract if it fails to reach a settlement.

[The Labor Ministry's explanation of the "labor law"] ( 해석1994 [No. 289)]]
Article26 The "observation situation" of this clause shall be such that it is impossible to enforce the terms of all or part of a labor contract.
This refers to, for example, other circumstances that make it impossible, such as the transfer of an entity, the consolidation of an entity’s absorption, or the transfer of an entity’s assets.

[working-level measures]

1 Collection and presentation of data demonstrating significant changes in objective situations
As to what is a "significant change in the objective situation" that would make it impossible to implement labor contracts, labor laws do not have a clear interpretation. In the event of a labor action, the enterprise shall be liable for proof of "significant changes in the objective situation" and it is difficult to obtain the support of the judge for reasons that go beyond rationality or that are sub-approval.
2 Conduct negotiations with workers on the change of labor contract
The company needs a consultation process regarding the change of labor contracts with workers. The labor contract’s negotiation change notice [Sample10-12], which takes into account objective changes in the situation, is sent to the workers, and the workers are required to respond within a certain time frame, leaving evidence that the consultation was carried out. If such a court procedure is not followed properly and the contract is unilaterally terminated, it is considered an illegal dismissal and a double-time economic compensation payment risk occurs.

[Labor Contracts Act]
Article40 In the case below, the contract may be terminated after written notice 30 days in advance, or after payment of one month's wages.
(3) In case a significant change in the objective situation that was based on the signing of a labor contract prevents the user from fulfilling the original labor contract, it is not possible to reach an agreement on the change in the contents of the labor contract even though the employee has consulted;

A change in the organizational structure of the company is not recognized as a significant change in the objective situation
L joined a foreign-invested company and successfully served as the sales manager, but the deteriorating market conditions forced the company to restructure its operations, and the senior L was relieved of its labor contract in the process, citing "significant changes in the objective situation." L filed for labor arbitration, and the company lost.
(Explain)
Significant changes in objective circumstances generally refer to situations in which a company cannot continue to fulfil labor contracts, such as production conversion, distance transfer, technology modification, mergers, and spin-offs, and, in the case of changes in management strategy, is not part of this category because it is adjustable to other departments.

[Case of victory]
The relocation of the factory is recognized as a major change.
L is a front-line official in the factory production department and has signed a five-year labor contract. However, under the local government's natural heritage protection policy, the factory was forced to relocate from A to B, and only the sales department remained at A. The company had hoped to go to the city of B and continue its original work, but the two sides failed to reach an agreement even though negotiations were underway, as L did not back down from its position of staying at A. The entity decided to terminate the labor contract on one-sided basis, and L rejected it and applied for labor, but the company won the case.
(Explain)
The objective situation that was based on the conclusion of the labor contract, as it was inevitable to relocate according to the government's policy.
A major change in can be seen as a typical example of a failure to continue to fulfil a labor contract.
In addition, the company negotiated with Hong Gil-dong on the change of labor contract, but they agreed.
Because it could not be, it can be seen that the lifting of a company's labor contract is in accordance with the law.

 Immediate release (execution from disciplinary action)

(1) Overview of disciplinary dismissal

a question of the efficacy of the employment rules
In the event of a problem with the validity of the company's employment rules, the cancellation of contracts made on the basis is likely to be recognized as illegal, no matter how legitimate reasons for dismissal exist. Therefore, the existence of legal and valid employment rules is a basic precondition for the exercise of disciplinary dismissal.

Design of Discipline Penalty Clause in Employment Rules
The Regulations for Punishment of Violation of Discipline consists of four parts: the Regulations for the Management of Discipline, the Acts of Discipline, the Disposal of Discipline and the Disposal Procedure. Among these, "violation of discipline" is a key part of the penalty regulation, which the company classifies and lists according to the significant degree of violation of discipline. The punishment methods of violating discipline vary from company to company depending on industry or characteristics, but the methods that are generally employed are as follows:
1 According to the severity of violation of discipline, it is classified into three categories, and the corresponding punishment of the three-story difference is specified.
(a) Violation of the light American flag à Verbal warning sign
(b) Violation of general discipline à Written warning card
(c) Violation of severe discipline à Release of labor contract

2 The concept of cumulative promotion is set between the punishments of the third floor so that if the punishment of the lower level is repeated, the punishment of the next level is promoted and executed.
(a) a cumulative two-time verbal warning à a written warning;
(b) Twice a written warning, à Release of labor contract

the punishment of habitual misdemeanors
Attention should be paid to issuing warnings to employees for violations of discipline " 규, 不 ((, 不, 不) ( 작은, 반복, 반복 斷 斷 반복 반복 반복 반복 반복 반복 반복 반복 반복 반복 반복 반복 반복 반복 반복 반복 반복 반복." In case of violation of each discipline, the entity shall issue a written penalty sheet in the corresponding form to require the employee to sign it and readjust the discipline violation management system so that a higher number of disciplinary actions can be executed if the number of accumulated schedules is reached within a certain period of time.

[Excuse] the dismissal of a habitual minor offender
The parent company is not allowed to play computer games while on duty, and the first discovery is considered to be part of a written warning, the second strict written warning, and the third discovery to be a serious violation of the rule system, and the labor contract is lifted. S, a computer game buff, was caught three consecutive times while playing computer games, and was eventually fired. S filed for labor arbitration, claiming that playing computer games was not an act of right, but not enough to terminate a labor contract.
(labor arbitration)
It was very clear in the company's rule-making system and judged that there was nothing unreasonable, so it rejected S's.

(2) Types of disciplinary dismissal

1 Strict violation of company employment rules

Workers may be fired only if they "seriously" violate employment rules. Therefore, considering its industry and characteristics, the company should specifically list what constitutes a "grave violation" in its employment rules.
A typical workplace, for example, is where you set smoking on duty as a serious violation of discipline.
It's too much, but it can be stated that a chemical plant or gas station can be fired at any time. In addition, for a position as a pilot or bus driver of an airline, anyone would be able to accept the offer even if the employment rules specify the reason for dismissal more than three times a month.
China's labor law stipulates that labor contracts can be lifted without the payment of economic compensation if a worker commits "a severe violation of labor discipline" or "a severe violation of employment rules." However, in the event of termination of the contract, if there is a legal "do-it-yourself" exists, the act of the company's lifting of the labor contract may be recognized by the law enforcement agency as "disabling the law."
In the event of a breach of duty, the employee may demand to the entity either continuing to carry out the contract (return) or 2 any payment of economic compensation equal to twice the economic compensation (Article 48 of the Labor Contract Act).

[Definition of severity violation]
Violation of severe discipline means that workers' violations of discipline exceed the "general" level, reaching the "grave" level. In this case, the company does not have to immediately terminate the contract and pay economic compensation. The most severe punishment for workers who violate discipline is disciplinary action, and in this case it is highly likely to be directly linked to a labor lawsuit.

[Specification of employment rules for violation of the strict discipline]
Since the company manages its daily management on the basis of the rule system (employment rules), the employment rules are no different from in-house laws, and the importance of them need not be mentioned. If the company terminates the contract on the grounds of "grave breach of discipline", it shall, in the "employment rules," find the reasons for the corresponding termination of the contract. . It is necessary for the company to list as specifically as possible violations of the severe discipline in consideration of the type of business or

[Case] If the employment rules are not prescribed for disciplinary action, risk of illegal dismissal
A physical clash also took place after an employee argued with a customer at a department store. The employee was fired for causing serious damage to corporate profits, which was followed by a request for labor arbitration. The employee claimed that the act was not clearly defined as a serious breach of discipline in the company's rule system, and the company could not submit evidence to refute it, which eventually resulted in a substantial amount of compensation.
(Explain)
For vendors, the rule system must specify "severe arguments with customers and physical collisions" as a serious breach of discipline that can be broken off.

2 In the event of a serious damage to the company due to negligence or misconduct,

It refers to workers committing severe malpractice by failing to perform their duties properly, or using their duties to seek dishonest gains, causing serious damages to the company. For this to happen, the criteria must be specified, first of all, as to what extent it must be recognized as a "significant loss."
In order to achieve this type of contract termination, a combination of the following two factors is required, and causality is required between the two:
(a) the occurrence of severe negligence or misconduct;
For example, in the event of a job failure that results in significant property damage to the company, careless work may include large quantities of defective goods, damage to tool facilities, rebate behavior, and leakage of commercial secrets.
(b) objective data on significant losses (amounts);
The company needs proof of the economic loss caused by the company, and the employment rules also provide evidence.
Specifications are required for the basis of significant losses.

[Set the Criteria for Major Damage]
China's labor laws allow "significant damage" to be defined as an internal rule system according to the circumstances of each company. The company may stipulate in the employment rules the standard of "significant harm," but it must be within a fair and reasonable range, and in the event of a labor dispute, it will be assessed again by the Labor Arbitration Commission or the court. If the "significant impairment" criterion defined by the entity is absurd and unreasonable in terms of social common sense, there is an unrecognized risk.

[Slight condolence on labor law]
Article 25: The "serious damage" of this condolence shall be defined by the internal rules of the enterprise. Because of the different types of entities, the definition of severe impairment varies widely, making it difficult to give a unified interpretation of severe impairment. In the event of a labor dispute, the Commission for Arbitration of Labor Disputes shall conduct an assessment of the significant damages stipulated in the Regulation.

[Company defeat] Major damages due to negligence - absence of a standard for loss amount
K is a welder of a machine company, one day he committed a mistake during the welding process, which led to the scrapping of a steel pipe in production, resulting in a loss of 6,000 pounds. The company lifted the labor contract on the grounds that K strictly violated the company's operating regulations, resulting in severe losses to the company. K filed the suit in protest, and the court ruled that the company's lifting of labor contracts did not conform to the legal regulations, judging that the losses in question did not fall under severe damages.
(Explain)
It is clear that K has violated the company's operating regulations, resulting in a loss of 6,000 pounds. However, the company's rule system did not specify the standard amount of severe losses. During the course of the lawsuit, K was able to gain the court's support by claiming that the loss of 6,000 pounds in a large company was not a severe loss.
…………………………………………………………………………………………………………
[Company Winning Case] Major damages due to manipulation - setting the standard for losses in employment rules
J is in charge of the operations of the factory as the head of the factory. The company's rule system stipulates that if an individual's work error causes a loss of more than 50,000 pounds to the company, the company shall be subject to a severe loss and shall have the right to terminate the labor contract. One day in February 2008, J stopped production lines when he went to work after drinking alcohol, resulting in a loss. The company terminated the contract, and J applied for labor arbitration but was rejected.
(Explain)
In this case, the company was able to win the support of the Labor Arbitration Commission because it had previously fixed the category for severe losses in the rule system (over 50,000 units).

a double-time job

China's labor laws have no ban on "commitment." The fact that he did double duty unconditionally cannot be reprimanded, but only if there is objective evidence that the job had a significant impact on the completion of his duty, or if he has been found to have continued to do so in defiance of the order, despite banning him from doing so.
In the case of paragraph 1 above, it is difficult for the company to secure evidence that it was also a double job because it was usually done in secret, and it is not easy to prove it objectively either that the job had a significant impact on the completion of the job.
In contrast, in the case of paragraph 2, once the correction notice is given and rejected, the employee can be fired.
Therefore, it is necessary to secure relevant evidence such as the delivery and rejection of the correction notice, and to present only the evidence that the company has labor relations with other companies. The problem, however, is that it is very difficult to secure the evidence since concurrent activities are conducted in secret. Therefore, it is important to recognize that layoffs due to double reasons are likely to be easy on the surface, but in practice, it is very difficult to meet legal requirements.

 Reduced staff

With the rapidly changing business environment, companies need a flexible employment system day by day, but the labor contract law imposed many legal restrictions on job cuts. Article 41 of the Labor Contract Act stipulated the process of job cuts for economic reasons, but the process, such as reporting it to the Labor Bureau, is almost difficult to make actual use of them. In the end, the government will have no choice but to phase out layoffs in a soft manner, such as the lifting of negotiations and voluntary resignation.

1. Legal process of layoff

Reasons for job cuts
The reason for restructuring is due to financial difficulties, and if there are more than 20 job cuts or less than 10 percent of all employees, they can be reduced (Article 41 of the Labor Contract Act). In this case, the number of employees can be reduced up to 30 days before an open meeting or an entire workman, after listening to the opinions of the people or workmen, and after reporting and registering the personnel reduction plan with the

Bureau of Labor.
1 When a company is regenerated in accordance with the provisions of the Corporate Bankruptcy Act;
2 In case of significant difficulties in production management
3 In case labor is still needed after changes in work contract due to the company's production conversion, significant innovation in management method, and adjustment;

There are three types of legal layoffs, but in practice the commonly used cuts are "important for production management." However, this should not be judged by the companies themselves, but by the standards of the local labor bureau. For example, the city of Beijing interprets "significant difficulties" as follows:
1 Faced with bankruptcy, the court declared that it had entered a corporate regeneration period.
2 An annual increase in the deficit for the third consecutive year will result in a debt overrun, 80 per cent of employees waiting and six consecutive months of inability to pay the minimum cost of living (Article 3 of the Corporate Economic Savings Regulations).

the process of legal curtailment
The following procedure is carried out for personnel reduction (regulation on the cause of corporate economic reduction in Beijing).
1 Up to 30 days ago, all public or employees are informed of the situation and are provided with data on the production management situation.
2 Submit a reduction plan, such as staff reduction and time to implement the reduction
3 Adjustments are made after listening to the opinions of the people or all employees regarding the reduction plan.
4 Report the opinions of employees, public institutions or all employees to the Ministry of Labor and listen to the opinions of the relevant Labor Office.
5 The medical institution formally promulgate the job reduction plan, carries out procedures for terminating work contracts with the staff who have been reduced, pays economic compensation, and issues a certificate of termination of work contracts.

the number of people who are not allowed to cut jobs.
The following numbers belong to the number of people banned from job cuts (Beijing's corporate and economic job cuts regulations).
1 In case labor capacity is lost or partially lost due to disease or non-operation injury;
2 Patient is within the medical period prescribed by disease or non-surgical injury
3 Women's 3rd term (pregnancy, childbirth, breastfeeding)
For male workers aged 50 and over and for female workers aged 45 and over,
If both are in the same company, only one can be cut.

a treasury report
Corporate job cuts should be reported to the Bureau of Labor. The Personnel and Social Security Administration, issued by the Shanghai Bureau of Labor in January 2009, sets out how to report and submit documents on corporate job cuts. According to the report, the ministry is required to submit a report on the job cuts to the labor ministry "in accordance with the opinion of its staff members or public hearings on job cuts."
Unless documents are submitted, the Labor Department's corporate job-cut report will not be repaired. In other words, Article 41 of the Labor Contract Act states that it is difficult for an entity to implement a reduction without the cooperation of employees, so only if it requires a large number of workers at a large factory at once.

2. Soft Workforce Reduction Scheme

The choice as a foreign-invested company facing management difficulties is a difficult way to make, as it takes a month to follow the court-martial notice 2 public notice and consultation 3 labor bureau approval and takes considerable time to complete the whole process. Under these circumstances, most companies are not "judicial job cuts" that cut large numbers of people in a single day in accordance with court procedures, but rather some sort of "hope."
It is taking a soft cut in the form of "retirement," i.e. "negotiation cancellation," not the "court cut" process.

Even with a soft job cut plan, if the plan is officially announced and job cuts are carried out on a daily basis, it is highly likely to worsen the atmosphere at work and trigger collective action by employees. Therefore, it is necessary to reduce manpower as much as possible in various ways over a long period of time and to divide and implement them in stages.
The problem is that employees with two or less years of service often resign voluntarily when their working conditions, such as wages, are reduced. Senior employees with more than three years of service tend to stay away from their jobs even if they are suspended because of high expectations for economic compensation.

Step-by-step soft job cuts (example)

1 Reducing wage income leads to retirement
ᄋ Reduce or suspend overtime hours to induce cuts in overtime income
ᄋ Freezing wage increases and suspending bonus payments
ᄋ Suspend the payment of unpaid allowances, subsidies, etc. in labor contracts and cut various welfare expenses
ᄋ Lower overall wage level through agreement with employees
- Wages promised in labor contracts should not be forcibly reduced, explain the management situation of the company, and suggest a plan to reduce wages from senior management positions to a certain proportion of wages by rank, and, if an agreement is reached, a new wage amount should be signed (excluding the low wage official).
ᄋ Deduction of wages by the number of days required to submit a petition
- Departmental rotation required a certain number of vacation days per month.
ᄋ Adjusting the number of working days in agreement with employees
- Convert to an agreement with employees, e.g. working three days a week, taking four days off, or two weeks a month in rotation (requires written consent).

2 De-negotiation in the form of voluntary retirement
Recruitment of voluntary retirees after setting a standard for payment of compensation, such as N+1.

3 Promoting the removal of workers' non-fault cause (a method with high legal risks)
a Promoting dismissal for "significant change in the target situation"
Under Article 40(3) of the Labor Contract Act, if a department or production line is closed entirely due to a management disturbance, the employees of the company shall negotiate job adjustment and wage reduction, and if not concluded, the labor contract shall be lifted on N+1 compensation basis.
b Under Article 40(2) of the Labor Contracts Act, the government shall negotiate with employees with poor performance or achievements, and lift the labor contract under the terms of N+1 compensation due to non-compliance of duty.

4 Operation suspension is carried out
In the event that the workers are unable to arrange normal work load, they can suspend their operations (front or part) and take standby measures. Because the work stoppage is related to the desperate interests of the workers, the explanation and opinion-taking process is necessary (no consent is required) for the employees in advance, and the permission of the Bureau of Labor is not necessary, but it is necessary to report it to the Bureau of Labor before implementation. Meanwhile, there are no separate legal regulations for the period of suspension.

the termination of negotiations on a labor contract

The lifting of the labor contract is the disposal of the rights that the worker holds.
Unless it violates the enforcement regulations, will it be entrusted to the free will of the workers? Therefore, the lifting of the negotiations is a workforce reduction method that minimizes legal risks. If compensation terms are agreed with employees, such as three women who are legally restricted from firing, labor contracts can be lifted by the lifting of negotiations at any time.

1. The concept of the lifting of negotiations

Advantages of Dismissing Negotiation
It is highly likely that the lifting of labor contracts in a one-way way will directly lead to labor lawsuits. For this reason, it is often more likely to take a negotiating approach than a high-risk court release.

The way the negotiations are negotiated is...
1 Reasons for court release are not necessary.
2 Minimize the risk of labor disputes,
3 It is advantageous in that it can avoid legal fees and compensation for the bankruptcy.

Meanwhile, it is possible to negotiate with employees for special reasons, who are restricted from dismissal, if agreed.

[Limited Disclaimer Staff]
Female employees in women's 3rd year, employees in medical equipment due to disease injury, employees with grade 1-6 disability rating due to industrial accidents, and employees working for 15 consecutive years
Employees who are under five years of legal retirement, etc.

Payment of Economic Compensation
In Korea, the company is required to pay severance pay in whatever form it retires, but in China, there is no obligation to pay compensation to management upon retirement due to employee reasons. In other words, the cancellation of the negotiations will determine whether the economic compensation is paid or not, depending on who first raised it. When a user raises an obligation to pay economic compensation, he or she does not have to give economic compensation if the worker first raises it.

[Example] Unnecessary economic compensation payment by the company's offer of early termination of negotiations

K signed a three-year labor contract with a parent company, but after a year and a half, he was preparing to resign due to poor health conditions due to work pressure. Then the company noticed the move by K to resign and raised the lifting of the labor contract, and K agreed to it and lifted the labor contract by a negotiation match. After the cancellation of the contract, K demanded an economic compensation ban, but insisted the company could not give economic compensation because it lifted the labor contract through a consensus of negotiations.
In support of K's claim, the Labor Arbitration Commission decided to pay two months' economic compensation.

(Explain)
Although the contract has been terminated by a negotiation match, since the company first raised it, economic compensation must be paid.

[Decommission of negotiations by management offer ]

If the management wants to terminate the contract halfway before the contract expires, the user must negotiate with the worker.
If there is no reason for the lifting of the law on the part of the workers, negotiations between labor and management need to be negotiated through a tug-of-war
In the course of negotiations, the proposal for the payment of economic compensation based on years of service is basically necessary, and how much more will be added to this will depend on individual lifting situations and labor-management negotiation skills.

As the labor contract law stipulates unilateral notice of dismissal and payment of economic compensation (two times the amount of economic compensation) instead of economic compensation, the amount of the negotiation is generally determined between the minimum compensation for resignation (the legal compensation) and the maximum compensation for resignation (the maximum amount that a worker can receive as much as the economic compensation x 2 times as much as the economic compensation).

In the course of negotiations, most workers take the one-month layoff allowance for granted, but there is no legal basis for this argument. (For cancellation of negotiations, no notice of dismissal was given a month ago.) However, in order to facilitate negotiations with workers, it is often necessary to add an additional one month or so in addition to legal economic compensation.

In the event of no violation of the company, it is often agreed upon on the terms of economic compensation, such as N (service training) +1 (for promoting negotiations).
However, in the case of a company that normally has many loopholes in its labor management, it is likely that workers will use them as bargaining chips in the negotiation process (payment of overtime fees, non-payment of labor contracts, lack of social insurance, etc.). If such unfair labor practices exist in practice, the layoff course may be increased as management will be placed at a disadvantage in negotiating the termination of the contract.

[working-level measures]

There is a formal method of signing [Sample10-8] and a simple process in the form of 2 [Confirmation] when negotiating a labor contract.

If a formal proposal is made, it is highly likely that the other party will take time off by questioning the outside world in doubt about the content.
If the company is small in size, does not raise the other party's alert, and wants to quickly terminate its employment, it may be a good idea to sign a brief confirmation that states, "Work is settled and we agree that there are no more disputes."

With such confirmation, it can basically prevent any act of reversing post-retirement agreements and requiring additional compensation.

[Confirmation]
I am relieved of my labor relations with the company because of the cause of the (negotiation) cancellation. I hereby voluntarily check the details below.
1. The two sides will terminate the labor relations by a negotiation match, and the employee labor contract will be terminated after signing this confirmation.
2. After verifying the employees, the company shall pay the employees one-off compensation_____元 (including wages in the month).
3. The labor conservancy etc. has already been settled, and no other dispute exists between the two parties.

[Transferred Agreement]
The biggest advantage of the lifting of negotiations on labor contracts is not only the termination of the contract, but also the package of all potential labor dispute issues during his tenure. In addition to the economic compensation, the negotiation can be concluded neatly by inserting a package of agreements into the turnover agreement, offering one-month wages for "promoting negotiations."

(Major clauses of the relocation agreement)
ᄋ In addition to the payment of ____ in a lump sum to Eulbang a year before the end of the month, the payment of economic compensation to Eulbang due to the termination of the labor contract, and all other expenses for the compensation of the surplus to be obtained by Eulbang, the item of which is the only and all compensation for the ultimate Eobang.
Eulbang shall voluntarily give up the compensation and compensation for the portion of economic compensation lower than the legal standard and other expenses.

ᄋ Confirmation of Eulbang: During his tenure, Eulbang received full pay (e.g., overtime expenses, etc.) and there are no labor disputes, such as pay remuneration, between the two parties.
ᄋ Acceptance of Eulbang: Eulbang shall not again file any demands, arbitration or litigation with the Affiliates. For whatever reason, no arbitration or litigation shall be filed against the party to question its economic and civil responsibilities, nor shall any other economic dispute exist between the two parties.

2. Dispute Case When Negotiation is Dismissed

Risk of payment under legal economic compensation
If an entity proposes to negotiate a settlement, it shall pay economic compensation (Article 46 of the Labor Agreement Act). However, if the negotiation is lifted at a lower rate than the legal economic compensation standard, a labor action can be filed against the shortfall later.
However, because law enforcement agencies respect "self-government" on both sides, there is no legal risk if an employee knows the legal economic compensation standard but agrees to a lower amount than the court, i.e. if his rights are disposed of.

In the statement of the transfer, one can add to the clause, "The worker is aware of the legal economic compensation he is required to obtain, and the other party (company) has fulfilled its obligation to declare."

[Case] Decree of invalidity on the payment of economic compensation under the court

J joined a clothing manufacturer of Quang Zhou in April 2004, and the last labor contract was from January 1, 2008 to December 31, 2008. In August 2008, the company offered to negotiate with J because it needed to cut its workforce due to poor management, and J agreed, and retired after signing a "Discussion of Labor Contract Negotiation Agreement" stipulating the receipt of three-month wages for economic compensation. After retirement, J filed a net claim knowing that under the Labor Contract Act, he could receive five months of economic compensation, but the company rejected the request on the grounds that the two sides had already signed an agreement in the Labor Contract Release Agreement.

(Explain)
The economic compensation money under the Labor Contract Abolition Consultation between labor and management is invalid because it violates the labor contract law's mandatory provisions. The company must give J five months' compensation. However, if the user satisfies the "notified obligation" at the conclusion of the agreement, the company does not need to pay additional economic compensation. This is because the worker is deemed to have given up his rights if the user has agreed to a lower economic compensation amount at the same time as notifying the legal economic compensation standard that the worker can receive in the agreement.

Precautions for Resolving Negotiation of Employees with Reason for dismissal
If there is a possibility of losing a case in the event of dismissal, because the company does not have sufficient evidence, the contract may be terminated by disciplinary action and pressuring the employee to resign for reasons. In this case, simply asking to resign can be strongly opposed, so it is also possible to conclude labor relations by signing the Transfer Agreement in a way that gives part of the legal economic compensation.
In this case, the Transfer Agreement effectively prevents legal risks if the workers themselves (excluding the management’s obligation to pay economic compensation) indicate that the company pays a certain amount of compensation for consideration.

[Example] Discipline and remove wrongful negotiation with the subject

S is an employee of a foreign-invested company, and one day he committed a breach of discipline and his boss was furious and could no longer work with him, and asked the Ministry of Personnel Management to dismiss him. The Ministry of Personnel Management confirmed that S's violation of discipline was not enough to punish and dispose of it, and after much consideration suggested to S that the negotiations be resolved. Originally, it was supposed to give 16,000 won in compensation, but it was wrong and thus could not give all of the compensation money, so it finally signed a consultation paper on the cancellation of the negotiations. "The two parties terminate the contract on a negotiation basis, and the entity also pays S half of the economic compensation."

(Explain)
The contents of the agreement were written against the enterprise. If S later requires additional shortfalls, the entity loses. A written agreement must be drawn up with the following raise of the lifting of the negotiations by the workers, so that they can escape from these legal risks. "As S raises the termination of labor contracts. It has reached a negotiation agreement with the entity, and the entity pays S some compensation" because the management does not have to pay economic compensation, and some compensation is paid to the entity as a consideration.

(2) Flow of transfer procedure

1 Transfer application
Legally, a full-time employee must apply for a transfer by 30 days' time. If an employee expresses his intention to leave the company, he/she shall apply for his/her resignation through the head of the litigation department. Never accept a transfer application in the form of a verbal, fax, e-mail, or Weissin. This is because a labor lawsuit could be filed later in the day to deny the resignation itself and demand economic compensation.

2 Transfer interview
It is generally conducted by the Personnel Department to identify the employee's true intention to leave the company, and in the event of a cumulative complaint, to prevent violent behavior from occurring. In addition, in the case of superior employees, they listen to the terms of the treatment they want and dissuade them from leaving the company, while collecting candid suggestions about the company’s working environment. After the interview, prepare the Transfer Statement [Sample10-2] so that similar turnover issues are not duplicated in the future after reporting.
After the completion of the transfer interview, the personnel department starts the transfer procedure if the employee has confirmed his or her intention to move. Personnel departments notify the concerned departments of the start of the employee turnover process through e-mail.

3 Transferred handover stage
After the employee turnover is approved, the department manager designates an intra-departmental task factor to proceed with the transfer of the staff and the transfer of the work. The staff receives the Transfer Statement [Sample10-3] from the Personnel Department and carries out the handover work around the concerned departments according to the flow of the form and receives a confirmation signature. There are frequent situations in which employees transfer from the company without having to return company property such as laptops and cell phones that they received from the company when they entered the company. The general affairs department was created by an employee at the time of employment.
Based on the Receiving Table of Goods [Sample2-13], the office supplies shall be checked for return, and the corresponding amount shall be deducted from the wage settlement for non-refundable goods.
In addition, he/she shall hand over to his/her own personnel in the department about matters related to his/her duties, such as documents, files and customer lists, in accordance with [Sample10-4].

4 Wage Settlement Phase
After completing all the transfer factors, the personnel department shall proceed with the payment settlement process with the transfer employees. The settlement of the amount of wages, advance payments, and penalty (such as remaining for the period of mandatory service) of the transfer employees shall be jointly conducted by the Personnel Department and the Treasury Department, and the Employee Wage Settlement Table [Sample 10-5] shall be reported to the general account for approval, and the remaining wages and economic compensation shall be transferred to the employee’s wage bank card.

5 Final phase of turnover
Upon completion of the wage settlement, the Personnel Department issues a transfer certificate to the employees and notifies the concerned departments of the completion of the transfer procedure.

3. Precautions of the turnover phase

Legal risks vary depending on the type of turnover and the situation, and different turnover procedures and legal documents are needed. Whether it is a worker's resource transfer or a company's resignation, it is necessary to grasp the legal relationship and proceed with caution to prevent legal leases from occurring.

(1) Unauthorized transfer (self-employed)

Usually, it occurs frequently after holidays such as Spring Festival, when it is relocated to another place. When turnover is not high due to a short service life, it is often absent-minded. If an employee is absent without leave for a long time and cannot be contacted, if the company treats him as a "merciless" and leaves him without taking any legal action, the employee will later file a labor lawsuit against the company.
The cases raised cannot be ruled out. Therefore, in the event of such a situation, it is necessary for the entity to take the following steps to legally terminate the labor relationship.

[working-level measures]

1 Identifying the actual conditions of unauthorized absence of employees without leave
In the event of an unauthorized employee absenteeism, the company is required to report to the office by a certain deadline for explanation.
Send the warning letter [Sample10-6] to the employee’s address via EMS.
2 If you continue your absence without leave, the labor contract is canceled due to violation of the employment rules.
If the company fails to leave work by the time limit, it will again.
send somebody notice of dismissal

(2) Recommended resignation - Dismissing negotiations

The equivalent of Korea’s recommended post is "execution," and in legal terms "de-negotiation." It is a way to save face for employees and minimize legal risks while transferring employees, and lifting negotiations can be applied under any circumstances. Even if the labor law prohibits dismissal, such as during the third term of a woman's pregnancy and breastfeeding period, the two sides can negotiate and cancel labor contracts as much as much as possible.
In general, the negotiation cancellation method is used when there is a need to release the contract before the expiration of the contract due to lack of employee ability or lack of cooperation with other employees, deterioration of the company's management situation, or consolidation of duties. In particular, it is not easy without an internal legal expert to meet the complicated and difficult legal layoff requirements, as the current division is equivalent to the lifting of workers' negligence. In this case, sufficient data (such as results) to support the incompetence of the employee are prepared and provided on the basis of this, leading to the resignation of the recommendation.
If the company offers to resign, strong resistance from the employee is likely to follow, and from the employee's perspective, it is often pushed to "dismiss the law" in order to maximize his or her profits, making demands for economic compensation (two times the economic compensation). In this case, when the company submits its recommended resignation, it is only a "proposal for a negotiated resolution" so that the employee can double the economic compensation.

It should be emphasized that what is called for is not legally based. If an employee refuses to comply with the negotiation cancellation request for unreasonable compensation, the pressure level is gradually increased to comply with the company's offer to release negotiations by taking measures such as job adjustment, freeze wages and promotions, and, in the worst case, issue of standby.

In recent years, some Korean factories have been rushing to cut staff, but they have paid twice as much compensation as their employees demanded, making it a practice to get twice as much economic compensation if sent out under company circumstances. This will have a negative impact on labor management in the long run. It is necessary for the company to proceed by negotiating with any extent, but to add about one or two months of compensation from normal economic compensation as an incentive.
On the other hand, if the opponent is a group, once the terms of the negotiation are reversed, there will be more side effects.
As such, employees who accept the terms of the negotiation shall be executed and those who refuse to accept the terms of the negotiation shall be executed in a separate manner (atmospheric issuance, even forced dismissal, etc.) after the issue is terminated.

[working-level measures]

The recommended resignation shall be carried out in accordance with the following flow.

1 Preparedness Work
ᄋ Identifying the employee's employment time, years of service, number of contracts for labor, wage level, work performance, and home situation in advance
ᄋ Prior inspection of legal laws, retirement hours, upper limits on compensation payments, and problems that employees may face during interviews
ᄋ Preparing additional wage compensation measures (one month or more) that are provided as a condition of consent and amount of economic compensation. Adjust the compensation level's pitch according to the length of the service life.

2 Conducting an interview
ᄋ Explanation of unavoidable reasons such as the company's strategic adjustment, personnel adjustment, poor management performance, and pressure on the coast is sought for employee understanding. In this situation, the employee is no longer able to retain his position, so he asks the employee to agree to the termination of negotiations on the labor contract. If an employee agrees to sign a negotiation release agreement, the employee proposes to provide one month's compensation in addition to economic compensation commensurate with his or her years of service.
ᄋ Avoid interrupting an interview with a pre-pre-pre-pre-presenting hole. This is because the opponent next time has the potential to come up with yet another tricky requirement, with advice from an outside lawyer or colleague.
ᄋ Since the opponent is likely to become emotionally enraged, he should listen to any opinion and avoid prematurely contradicting it or arguing.
ᄋ If an employee continues to disagree, he/she shall end the interview by suggesting that development within the company will be difficult.

3 Signing written documents
Prepare documents such as Confirmation [Sample10-9] or Transfer Protocol [Sample10-8] in advance and sign them as soon as possible when agreed, so that they can change their minds and avoid other sounds.

(3) Disciplinary dismissal

It means unilaterally lifting labor contracts with workers who committed severe violations of company employment rules. There is no clear evidence of severe violations by employees, and the legal risk of dismissal is very high when the actions do not conform well to the company’s prestigious rules of employment. Therefore, for reasons of non-critical disciplinary action, the interview process often causes employees to submit their resignations without any aftereffects.
However, in the event of serious disciplinary reasons such as beating, embezzlement of public funds, and theft among employees in-house, it is necessary to take drastic disciplinary action to establish a work order, take measures to settle the case in a proper way, even if the chances of winning are low due to lack of evidence of diarrhea, and conduct a long-term legal battle in the court.

[working-level measures]

1 Collect evidence of employee negligence and check the rules of evidence in employment. There's plenty of evidence.
It should be clear, and most likely, it is a document signed by an employee.
2 Forms a disciplinary committee. The committee consists of 5-6 members, including general accounting, personnel manager, department head, direct supervisor, and representatives of employees (public shareholders), and gives employees an opportunity to explain if necessary. The committee decides whether to terminate the labor contract based on the results of the meeting. If necessary, record and record during the disciplinary committee meeting.
3 Personnel Department shall prepare a notice for cancellation of labor contract and send it to the public to receive a signature.
4 Personnel department issues a notice to employees and requires the signature of the employee. If you refuse, you'll be notified to your home.
EMS is sent and the transmission evidence is kept.

Transfer management

Transfer management is the last step in labor management.
This is a time when conflicts between labor and management are easily expressed to the extent that 90 percent of labor disputes take place in the turnover stage. In the event of a poor response at this stage, it is directly linked to a labor lawsuit, and the direction of the lawsuit can have a significant impact on the working position of other employees.

Many workers at retirement are ready to vent their grievances or even file labor charges or even file labor lawsuits to maximize their profits by taking advantage of the company's weaknesses, thinking they no longer need to be aware of the company's business. If the company's labor management is legal and is not in a loophole in its management, then it can only respond by law, but if it is not, it will be forced into a defensive position.

1. Legal risks of turnover

The frequent labor strife at the turnover stage is also closely linked to the issue of "economic compensation." As in Korea, the "economic compensation, economic compensation" system, in which payment standards vary depending on the form and legality of the transfer, is operated, not in a uniform "retirement benefit" format, regardless of the reason for retirement. For this reason, many workers with long service experience offer to cancel negotiations or force layoffs rather than resigning.

If the company fails to grasp labor laws properly and fails to overhaul the employment rules and turnover management system at ordinary times, the risk of frequent labor disputes at the turnover stage will be unavoidable.

(1) the termination and termination of labor contracts;

In China, "labor relations" are implemented by the conclusion of bilateral labor contracts, and the "labor relations" thus established are "disbanded" by the "release" and "termination" of the contracts. To tell you the reason for the termination of the labor contract,
Employee turnover is divided into two categories: termination of one labor contract and termination of two labor contracts.

Termination of labor contracts is the end of contract expiration, retirement, etc.

The lifting of labor contracts is again classified into three categories: the lifting of negotiations, the unilateral lifting of workers and the lifting of companies' unilateral lifting.

In terms of legal consequences alone, there is a similarity in that legal relations between labor and management, whether they terminate or terminate the contract, are extinguished at that point. However, the termination and termination of labor contracts differ significantly in terms of the establishment requirements, procedures and compensation for workers as follows:

1 The ‘release’ of labor contracts
The termination of a labor contract means a legal action in which a legal reason arises before the expiration of the contract, or, for reasons on the part of the company or the part of the workers, an interim termination of the labor relationship in the form of "agreement" or "unilateral notice". Workers are free to terminate the contract at any time if written notice is given 30 days in advance, but strict legal regulations are in place for the company to terminate the contract. It must comply with the "Reason for Court Release" stipulated in the Labor Contract Act, and the supporting "evidence" shall be presented, and if found to be illegal, it shall be liable to pay economic compensation equal to twice the economic compensation, or to continue to fulfill the contract.

2 ‘End of labor contract’
The termination of a labor contract means that the labor relations formed between users and workers are automatically extinguished by the emergence of legal reasons. Unlike the lifting of labor contracts, neither labor nor management is required to express their opinions, and once legal reasons are met, labor relations are extinguished.
ᄋ Termination of maturity: By fulfilling the contract by the expiration of the contractual term promised in a fixed-term labor contract and not renewing the contract at maturity, this means that the contract is terminated naturally (unapplicable for indefinite-term labor contracts).
ᄋ Court termination: the reason prescribed by law, i.e. the principal (worker) of the labour contract is retired from retirement or the principal (company) of the labour contract is extinguished (breakdown, liquidation, etc.);

(2) Legal regulations on the termination or termination of a contract;

The termination or termination of a labor contract shall be subject to strict regulations of the Labor Contract Act. The termination and termination of the contract shall be subject to different regulations. At the end of the contract, unless special reasons such as pregnancy or illness arise, labor contracts are terminated naturally at maturity, making it relatively easy to terminate employment.
However, in the case of "release," the grounds for its release must comply with either of the "reasons for the removal of the court" as specified in the Labor Contract Act. In the case of South Korea, the country's labor law "decisions" the layoff requirements and imposes a burden of proof on companies for their compliance, although layoffs should be consistent with comprehensive reasons, such as "objective and reasonable reasons in social concept."
For example, to dismiss a disciplinary action, one must first look for a provision of evidence in the company’s employment rules that conform to the legal grounds on which it is based, and secure evidence proving the reasons. If there is a flaw in the implementation of the legal procedures and the rationality of the criteria for the dismissal of workers for their non-compliance, they are likely to be declared illegal. Therefore, it is necessary for the company to devise and proceed various measures to minimize legal risks in advance on the basis of an accurate understanding of labor laws.

5. Precautions for hiring experienced workers

(1) Whether to terminate or terminate labor relations with a former workplace

If an enterprise hires an employee, it shall enter into a labour contract after confirming that it has terminated its labor relations with another company (article 17 of the notice of a slight problem in implementing the labor contract system). The Labor Agreement Act stipulates that the former workplace is liable for compensation in the event of loss to the former workplace by employing workers whose labor relations have not been terminated (Article 91 of the Labor Contract Act).

[Case] Responsibility for compensation for the recruitment of non-existing employees in labor relations
K invested 100,000 yuan to train H, a high-end engineer, overseas, and signed a five-year labor contract with H, who returned home. However, after three years, H retired without permission and moved to M company. M did not properly confirm whether or not to lift labor contracts with his previous job, but gave him a high salary and hired H.
Although K put in another engineer due to H's sudden unauthorized retirement, a lack of technology led to the production of defective products, which resulted in a direct economic loss of 500,000 yuan due to massive returns and inventory accumulation. K filed a lawsuit against H and M to compensate for the economic losses. As a result, it was deemed to be a breach of contract by H and in the case of M, 70 percent (35 million yuan) of the loss was imposed for hiring workers whose labor contract with the former workplace was not canceled.

[working-level measures]

1 When hiring an employee, the employee is required to cancel a labor contract with the former workplace or submit a certificate of termination, and the original copy is kept after verifying the authenticity of the document.
2 If an employee is unable to submit a work contract cancellation certificate, the employee shall be informed of the contact or possible attestation of the former workplace and conduct an investigation. In particular, important technical personnel should contact the former office to make sure that any outstanding matters such as mandatory service period and penalty fees remain.
3 If you find that your labor contract with a former workplace has not been lifted yet, but you need to contact the former job to check the status of the employee and ask the recruiter to submit a written confirmation.
[Confirmation (Sample)] Employees have already cancelled labor contracts with other companies when they sign the labor contract.
Or guarantee that it is terminated. If that problem leads to a legal dispute,
In the event of such a case, the employee himself"

(2) existence of an agreement to limit the occupation

At the time of retirement, especially for technicians, there are some business-restricted agreements with the former company. In the event of a "restricted business" agreement between the original company and its employees that is conditional on the payment of a certain amount of compensation each month, it is prohibited from working for a competitive company within a certain period of time or in a similar industry, and the company is responsible for indemnifying the penalty in the event of violation. Employees who are engaged in a previous job and a business-restricted agreement are hired by a new employee and found to have made profits and been involved using technical data or commercial secrets carried by the employee will be held liable for the rights violation.

[Example] Responsible for compensation for the employment of employees who sign a contract to limit their occupation
Company A hired Wang, a high-end engineer. One day, an official letter came from rival B. Wang and Wang signed a business-restricted agreement on retirement, and since the company that employs Wang was agreed in the agreement to take responsibility for the joint compensation, "You are advised to immediately terminate the labor contract with Wang, the company will apply for labor arbitration with Wang, and you will also be responsible for the joint compensation."
(Explain)
The agreement was signed between Company B and Mr. Wang, and the third party, Company A, is legal.
As it is not binding, Company A does not have to be held liable for the joint compensation. However, Company A has limited business hours.
If an entity employs and employs the arrangement in clear knowledge of the existence of the arrangement, it will be required to provide for the loss incurred by Company B.
be liable for indemnity

[working-level measures]

1 When hiring advanced technical and managerial positions, it is required to check whether or not a previous job and a limited business agreement have been signed. The best way to do this is to ask employees to inform them about their contact information or possible attestation, and to confirm whether they have signed a business restriction agreement.
2 In addition, the company shall receive a pledge that it does not sign an agreement with the original company and that it will be responsible if it is false. However, receiving a written consent does not exempt a new company from liability in the event of a lawsuit.

What is required to exercise the right of place

Points of the sortation term neck designation exercise
Pre-acquisition of nationality foreigners o "foreign employment permit"
Under 16 years of age, o classified as "childhood" and thus legally prohibited from employment
No hard work or dangerous labor as they are classified as "male workers" between 16 and 18 years of age.
(Note) Registration of underage employees in the Ministry of Labor and mandatory annual physical examination
Technical and functional post o "medium-duty driving license" and "welding license" are pre-checked for possession and validity of professional certificates.
Occupational risk ( 포스트) post o pre-check whether there is a disease in which employment is taboo
Pre-acquisition of post o health certificates related to public safety and hygiene
Guitar
사항 5th place & 5th place

Confirmation of academic background (college graduates) o China Higher Education Students Information Site (www.chsi.com.cn) free
(Note) Only after 2001. Previous graduates need to be checked by the school
Check your work experience o If you are retired, contact your former workplace contact.
A survey of the company's work status before retirement, etc
o For advanced management positions, such as manager and manager, refer to credit survey company
Risk avoidance due to health problems o through physical examination of prospective employees, and check the presence of chronic diseases in advance
o Require a pledge from third parties that they have no history of fantasy or occupational disease;
Avoidance of double employment risk o require submission of a certificate or pledge of termination of labor relations with a third party;
Confirmation of the obligation to prohibit employment in the competition field o contact the former employer to confirm the existence of the obligation to prohibit employment in the competition industry
Verifying the possibility of pregnancy o Prior to physical examination for positions that are not suitable for employment of pregnant employees
o Check the possibility of pregnancy after joining the company, considering the age group
Student o Confirmation of student status (requires identification signature on a copy of identification)

6. Background investigation

In the labor scene in China, where labor lawsuits have become routine, the importance of the recruitment investigation is increasing day by day. This is because neglect of job search and identification can cause a lot of damage to the company. In particular, for high-ranking positions (management and technical positions), an investigation into the previous work experience is required, and the relevant certificates, etc., need to be verified. If there are no problems with the investigation results, all certificates collected shall be kept in the personnel file of the employee concerned.
In the case of small- and medium-sized enterprises, the fact that they are in a difficult position these days is one of the reasons why they are neglecting their job search. However, the company's losses are huge because it hires one of its employees wrong. Even if the problem employees are found and exported during the trial period of several months after joining the company, the resulting losses (such as recruitment costs, re-employment expenses, and past payment benefits) will be enormous. Furthermore, if the employee is fired after switching to a full-time position due to failure to pass the test period, the termination cost will be higher.

(1) Conducting background checks and preparing work
1 As a recruitment officer or personnel manager, the person who participated in the interview test of the candidate for employment
2 hours: After the interview, the decision on hiring was made.
3 Type: Telephone Survey is desirable
4 Preparation work before background investigation
　 o Prepare survey item table to inquire when background of written phone
　 o Select the main point when inquiring
o When interviewing candidates, the evaluation results of background survey directly affect employment decision
That's crazy. That't it?

(2) Identifying information collection routes
1 Request to fill in the certificate and supervisor in [Sample 2-3] (two previous workplaces)
2 Identifying candidates through multiple channels, e.g. personnel departments, supervisors and
one's colleague, etc
3 Collecting information about job candidates by using their personal connections or personal network of colleagues
4 If you are currently working in a job, you should avoid contacting your current job as much as possible.
Inevitably, it is necessary to seek the consent of the candidate for employment before inquiring
　　

(3) Inquiries made during background investigation
　1 Working hours, positions, circumstances of promotion or demotion, retirees, etc. of previous work (2 places, etc.)
　2 Actual job details, responsibilities and personnel performance status
　3 Position and wage welfare level in charge of previous work
　4 Work ability, attitude and personality characteristics, etc.
5 Whether absenteeism or sick leave (body health condition) were present in the former site;
6 Whether to sign a consultation document limiting the number of employees in the previous job (or current job) and the competition sector
7 Whether there were any labor disputes or disputes with the former office (very important)
[Reference] For questions, be careful not to give a meaningless answer such as "good, bad" or "bad" if possible.

(4) Procedure for progress
　1 Explain the intention of self-introduction and inquiry and stress that the phone call will be kept secret
2 First, let the person know what you're going to ask, and then check if the person is uncomfortable with the conversation.
enquire whether or not
　3 Research and inquiry is conducted
　4 Ask the person if he or she has good working attitude or behavior.
5 Ask the caller if it is possible to introduce another person.
6 Thank you for your cooperation and express your willingness to cooperate if the other party makes the same background inquiry to your company
7 Record the background survey and inquiry results in [Sample 2-5] and report them to the management team.

(5) Precautions
1 Focus on work-related issues.
2 List the subject’s speech, short silence, suggestion, explanation, or problem of avoiding answers in detail, particularly noting the benefits and "other items" of the Applicant Background Survey Record.
3 Ask for specific examples rather than abstract ones
4 Thoroughly maintain confidentiality of data obtained during inquiry process.
5 After the interview, conduct an investigation and inquire immediately.

(6) Checking work experience
1 In case of a work experience, a person can directly check the phone to the previous work place. There is also a way to secretly check the number of the contact number and the person in the previous job who can prove himself by making a notification from the employee himself, or by searching the Internet to make sure that he is fully satisfied. Since there is no law in China that regulates leakage of personal information as well as the protection of personal information only exists, the direct telephone survey method needs to be actively utilized. In order to hide unsavory reasons for retirement, we may cite reasons such as the bankruptcy of the company, which in particular requires confirmation of the actual bankruptcy of the company.
2 There is a professional research company in China that conducts a credit survey of its employees. In particular, global foreign-invested companies often use credit survey companies to identify candidates' status and career experience when hiring high-level management positions.

[Reference] The credit survey company below, based in Shanghai, conducts a credit survey on Japanese companies for Chinese applicants. In particular, it is worth considering the use of high-paid/high-ranking Chinese officials.
http://inform.net.cn/inform/ http://inform.net.cn/inform/ http://inform.net.cn/inform/
** PersonalCredit Report (PersonalCredit Report), 4,500th and

3. Interview test

(1) Preparing a work-seeker registration table

Most companies are asking questions based on a brief resume they send when applying for an interview. Since resumes are written arbitrarily by individual applicants, they often tend to exaggerate their educational background and careers and hide what is disadvantageous to them. In addition, since the resume submitted by the applicant is a standard form written on a PC, it is difficult to identify whether it was written by the applicant himself or not, and it is difficult for the management to use it as evidence even if a labor lawsuit is filed later due to academic or career fraud.
The company distributes the required [Sample2-3] to interviewers who come to the interview site, puts their resumes back in their own handwriting on the spot. 1 Obtain evidence as evidence in the event of a lawsuit, 2 Identifies the applicant’s personality by collecting information about the applicants who want to apply for the interview.
4 It can have effects such as identifying the evidence of a previous job.
The form can be self-designed around entries that the company wants to identify, so it has the advantage to examine the applicant’s objective situation in more detail. In addition, if the contents are found to be false after joining the company, it is possible to ask for legal responsibility.

Since it can be used as evidence, the registration table must specify a clause of the pledge that the person is responsible for legal responsibility when the information written by him is different from the facts and receive a confirmation signature.
The most important thing in the Employment Information Register is identifying the former workplace attestation in paragraph (4). It is required to fill out the contact details of the former job certificate on the Employment Information Register form. State the names and phone numbers of the two former bosses and colleagues who worked just before. If an employee has a problem with his previous job, he or she will be reluctant to report it, and if so, the company will be able to identify the applicant's reputation in his or her former job.

[Point] The Legal Personality of the Job Seeker Registration Table
The Employment Information Register form is a legal document for information about applications produced by an entity and recorded by the work-seeker himself. The law gave companies the right to know when hiring workers. The entity may use the work-seeker registration table as an important means for the exercise of the right to designate.

(2) Points of interview

[Point] Interview Progress Flow
Introducing 자기 Self-introduction à à Reasons for being in the current workplace à Treating hopeful jobs (current and hope) à Impression to the company à (family composition, hobby, personality, family register, etc.)
Commuting time/path, etc.

Verification of resume entries or self-introduction is required
Don't take the information as it is. For example, even if it is written as a good Korean and English speaker, it is often only a simple conversation. In Korean, many people speak well but have little ability to write documents. Therefore, for positions requiring a foreign language, a simple written test is essential after the interview.
Generally, Chinese job seekers have excellent presentation skills that appeal to them during interviews. Since there are not many cases of actual packing and bloating, it is desirable for experienced workers to check out their expertise or take practical tests.

[Point] Interview alone is not enough to identify actual capabilities
o When asked to process a screw because he has 10 years of shelf experience, he said, "It is natural that he cannot process a screw since he has only worked on a shaft for 10 years.
o When I asked why I cheated because I thought the official was a professional, but he didn't cheat because he didn't have any experience at all, he said he didn't cheat because he had learned something at school. The concept of experience we think of is different because it means the period of professional skill acquisition, and what the Chinese people say is just that they have learned or know at school. Production jobs, in particular, may have only done one simple task in their lifetime, so a practical test is essential.

Recruitment based on ability rather than personality
Korean companies tend to hire people who are sincere and cooperative. Humanity is important, but if you don't have the job skills, you can't give them the education they want.
be unable to produce For managers, personality and values are as important as ability, so life
Ask questions about the most spectacular things in , unpleasant things, happy things, admirers, trustees, and model for one's life, and ask why.

Frequently transferred employees are on the lookout.
They ask in detail why they have worked in the past and transferred. In the case of frequent transfers, caution is required. In particular, since former employees are often mixed with former employees from Korean-American companies, it is necessary to check their contact information, which is proof of their previous job.

For Korean speakers, check their practical skills.
For Korean language majors, they need to check their knowledge and skills in the field of practice. This is because there are many employees who can speak only Korean and do not have other skills.

Confidently notify the details and treatment of the work
What purpose will you hire, what will you do, and what will you do with your wages?
He is advised to prevent immediate retirement after employment.

Chinese interviewer's class
It is imperative that the relevant Chinese staff be present for the interview and listen to his opinion. This is because only Chinese people have a catchable sense and attitude.

Questions about your former employer's salary
Rather than asking vaguely about salary status, it is important to ask about the salary structure (requires separation of basic pay and job allowances, performance and bonuses). It is important to note that, in particular, the ratio of variable benefits paid in conjunction with the performance of the business is much higher than in Korea, and applicants tend to respond with the benefits they receive under their maximum performance conditions.

4. Appointment of Designated Rights

(1) The need to exercise the right of designation;

False cases of academic and career information are common in order to get a job. In order to avoid recruitment risks resulting from such employee deceptive practices, an entity must use the "peripotentiary" guaranteed by law. The following are the types of deceit that occur frequently:
1 Provide false information (non-compliance employee): Individual records, achievements, work experience, defect records, etc.
2 Employee ignorance, concealment of personal information: occupational disease history, serious illness, pregnancy, etc.
3 Avoidance of contract obligations with other companies: Consultation of service after training, consultation of prohibition of competing businesses, etc.

a price for neglect of exercising one's right of appointment
Two months after she retired from a clothing store, Mrs. Wang applied for the store again. The store manager hired Mrs. Wang immediately, without physical examination, because she was already experienced and familiar with the store. By the way, Mrs. Wang applied for a sick leave from the second month and began to recuperate for an extended period. She hid her diabetes when she reentered the hospital. She tried to take advantage of corporate health insurance. The dismissal of Ms. Wang during the three-month medical period is legally prohibited, and she cannot be retired. Mrs. Wang has dug into the loophole of holes.

The labor contract law guarantees workers' right to designate companies, while at the same time stipulating users' right to designate workers. The company retains the right to know about the circumstances of workers' age, physical condition, work experience, knowledge function and employment status directly related to the conclusion and implementation of labor contracts. If a worker's notice to a company is found to be false, the company can legally fire it.
In the recruitment review phase, the entity shall make the best use of the right of designation, conduct a thorough investigation and verification of the applicants. What should be noted when exercising the right of designation is that information about the applicants should be obtained in such a way that "evidence preservation" is possible.
In addition, it is necessary for the applicant to specify his or her own statement that "the legal responsibility for providing false information, and if the worker provides false information, the user shall immediately terminate the labor contract and not pay economic compensation, and the applicant shall confirm the veracity and accuracy of the information."

[Article 8 of the Labor Contracts Act] The user shall have the right to identify the basic conditions of the workers directly involved in the conclusion of the labor contract, and the worker shall explain the truth.

Legal action in violation of worker's obligation of notice
The purpose of the right of designations exercised by the user is to determine whether to enter into a labor contract through a breakdown of the circumstances for the worker. If a worker intentionally discloses false information, it constitutes a "deceptive" so that the user can claim nullification of the labour contract and legally terminate the contract.

[Example] Termination of False Certificate Submitters
When she got a job with an IT company, Kim presented her with a diploma from a top university, which earned her 10,000 won a month in high wages. Three years later, the company lifted the labor contract with Kim on the condition of three months of economic compensation plus one-month notice due to worsening business conditions. A few months after retirement, the company learned of Kim's submission of a false diploma at a chance, and filed for labor arbitration demanding the nullification of the labor contract and the return of the economic compensation money, and won the case after a lawsuit.

(2) Checking the personal information of the applicant

1 Determination of age
The age of adulthood in China is set at 18. Employment of child workers under the age of 16 is strictly prohibited For those under the age of 16 and 18 years old, it is advisable for foreign-invested companies to avoid hiring minors under the age of 18 unless under special circumstances, as they are required to report to the Bureau of Labor and comply with the provisions relating to the protection of minors.
The method of age identification is simple. As an adult (18 years old), a certificate of identity is issued from the Public Security Bureau, so if you check your ID card, you can investigate your age. In this case, a copy of the identity certificate submitted by the employee is checked against the original, and the signature is received on the copy and preserved as evidence.

2 Confirmation of identity certificate
Counterfeit identification is common in China. If you are suspected of forging your ID, you can check it by going to the website (www.ip138.com), sending your ID card name and ID number, and paying 5 yuan. You can also check the photos of the registered ID.

01 Recruitment

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

1. Basic work on recruitment and recruitment

(1) Position setting and organization (determining)

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

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

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

(2) Preparing a job description

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

(3) Control of recruitment of employees

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

2. Recruitment and recruitment process

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

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

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

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

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

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

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

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

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

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

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

Retention of Retired Persons

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

[working-level measures]

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

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

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

4. Employment of Special Identifiers

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

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

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

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

[working-level measures]

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

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

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