배움과 공유의 시간

2. Personnel Management in the Age of Life Employment

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

(1) Reforming the wage system

See Chapter 8, 01 Performance Shareholder Wage Management

(2) Reforming the high performance system

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

(3) Improving the personnel management system

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

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

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

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

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

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

3. The term of office

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

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

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

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

(2) Separating labor contracts from position contracts

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

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

(3) Operation of Positioning Appointment System

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

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

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

02 Personnel Management in the Age of Life Employment

Lifelong employees are not allowed to be fired at will, and unless they have special legal reasons, employment is mandatory until retirement, which inevitably results in a "iron rice bowl." It is easy to predict that job security reduces employees' sense of crisis, relieves work tension and falls into mannerism. To prevent this, the company needs to establish a system of performance and compensation, operate a job tenure system, and respond by reorganizing the personnel management system in a variety of ways.

1. Risk of lifetime employment

A non-fixed labor contract means a labor contract between a company and a worker whose end time has not been fixed. In the case of a non-fixed contractor, the labor contract must continue to be fulfilled except in the event of the emergence of a legal release and termination reason, and can be effectively referred to as "substantially employed." For example, if a male employee who graduated from school and joined at the age of 20 signs a non-fixed contract at the age of 30, he or she will sign a 30-year-old labor contract until the retirement age of 60.
The problem is that China's labor contract must promise labor conditions, such as work content, wages and working points, and the contract modification requires the consent of the staff, so the exercise of the company's personnel rights must be quite limited. To respond to the rapidly changing business environment and maintain competitiveness, companies constantly need to relocate and metabolize their workforce.
As more and more non-fixed contractors are signed in the company, the pressure on the company's management is bound to increase. The main burden of a company from lifetime employment is as follows:

Increased laid-off costs - reduced job elasticity
Unscheduled contracts have no deadline for termination of employment, leading to rigid employment. Although the court says it can be lifted if the reason is met, chances are not high that the cause of dismissal will occur. Of course, it is possible to negotiate a settlement, but in this case, the compensation burden that is higher than the legal standard is inevitable in order to reach a negotiated settlement, as it requires the consent of the staff.

Increased labor costs - increased labor costs due to long-term employment, decreased metabolism
For simple tasks, new employees with lower wages can be employed at the end of the contract to reduce labor costs. However, if employed for life, the level of work performance increases, but wage increases go faster, forcing companies to increase their labor costs day by day. In addition, ten years after entering the company, if you are promoted to a higher position and sign a non-fixed contract, your turnover rate will be drastically reduced. This could lead to a slowdown in the organization by reducing the promotion space for young employees.
Of course, if productivity increases and performance increases under long-term employment, it can be "win-win," but it is possible when the company's personnel system, such as the evaluation/compensation system, is well equipped.

A Direction of Lifelong Employment
As shown in the example below, non-fixed contractors usually serve more than 10 years of service. If the company makes a complaint without clear evidence and evidence, the worker can take a share of more than 20 months at a time, so the more likely it is for a company with a loose management system that intentionally commits the act of inducing dismissal.
First of all, the measures include strengthening the high performance system, expanding variable salaries, and establishing a job adjustment system.
It is necessary. In particular, the non-fixed contractor has a long service life, and the layoff course is very high, so it is necessary to control it by the job∙wage adjustment without firing. On the other hand, it is necessary to maintain motivation and work tension through discriminating personnel management based on performance.

[Example] Changes in Service Attitude after Unfixed Contracts
Since this year, our company has more than 10 years of employees and is signing a non-fixed contract. One of them doesn't go to work after 10 days off on the annual holiday, and asks for a raise even though production is only half the way. I don't think he's willing to work, and he's just waiting for the company to fire him, but he's telling me that if he keeps getting fired, he'll get twice as much financial compensation. I don't know what to do to stop it.

2. Control of non-fixed contracts

(1) Confirmation of duties suitable for fixed/unfixed contracts

In the case of advanced technical or managerial positions, it is safe to enter into a non-fixed contract because it is a core function of the company, but easily replaceable duties should be limited to fixed contracts only. Depending on the nature of its job, the entity classifies two types of fixed-contract/no-fixed-contract suitable jobs and, in the case of a job to be taken under a fixed-contract employment system, terminates the employment at the expiration of one fixed-contract contract for two to three years, irrespective of the employee’s ability or nature, replaces the employment with a new employees.

(2) Criteria for selecting employees eligible for non-fixed contracts

In reference to the example below, the types and criteria of non-fixed contractable employees suitable for the entity are set and applied, depending on the industry or characteristics of the entity.

(3) Establishing a fixed contract period rationally

When signing the first labor contract, the contract is set at a maximum of three years and the maximum six months of the legal trial period is secured. After identifying the ineligible persons for six months, and after the expiration of the first contract, the city shall conduct a strict evaluation of the employee's performance and performance, and carefully decide whether or not to renew the contract. If a renewal is concluded, for example, the second contract is set at 5-6 years, so the first contract is set to be less than 10 years (more than 10 years, another non-fixed contract requirement is met).

primary fixed contract
ᄋ Term of contract: 13 years
- A full three-year labor contract must be signed so that the trial period can be set up to six months.
ᄋ Inadequate persons during the six-month period of employment shall be removed
ᄋ When the first contract expires
- Comprehensive verification of whether an employee can sign a non-fixed contract one month before the contract is terminated.
- Ineligible employees are mercilessly required to terminate expired labor contracts (e.g. free termination of employment).
Last point)

2nd Fixed Agreement
ᄋ Term of contract: 5 years and 6 years
- Second contract is concluded for key employees who have passed the verification
ᄋ When the second contract expires
- If the employee is judged to be underperforming or unqualified during the second contract period, wage and promotion freeze should be achieved.
Based on data on inducement of voluntary retirement, or failure of performance, the payment of economic compensation is conditional.
inducement of negotiation release
- If the contract has already expired and the requirements for a non-fixed contract have been met, it is difficult to adjust labor conditions, such as wages, duties, and work places, or to renew them due to a significant change in objective circumstances, while pushing for the cancellation of negotiations between economic compensation and economic compensation.

(4) Induce the selection of fixed-term labor contracts

When a second garage contract is reached, the entity may enter into a third fixed contract if the employee agrees. The caveat here is that the staff themselves must have evidence that they have chosen a fixed contract. If a third fixed contract is entered into without written evidence, a labour action may be filed later that the non-fixed contract has not been entered into intentionally.

[ Armband (worker) offered me an offer]
As suggested by Eulbang, the two parties agree through negotiation to finalize the term of this Agreement in accordance with the Type I method below.
1. This contract is a fixed-term labor contract. The contract period is from _____月__to______________________________________________________________________________________________________________________________________

01 Performance stock wage management

With the implementation of the Labor Contract Act strengthening the protection of layoffs and prolonged labor relations, wage management has become more important for securing personnel rights, meritocratic personnel and workforce metabolism. However, the Korean corporate wage system still has a rich Korean color, making it increasingly difficult to manage the workforce and the reality of employment in China. Korean companies are required to switch to a wage system that fits the local employment climate three to five years after the establishment of the corporation.

1. Single rescue wage system vs. Combined Structural Wage System

Wages once agreed in labor contracts cannot be changed unless agreed by workers. If the wage item is not split and the entire wage is agreed upon as a fixed salary, the company will not be able to exercise the right to adjust wages according to changes in employee's work attitude and performance. If wages are not linked to responsibilities and performance, and are operated under a seniority-type fixed wage system, the longer a company's history of advancement, the less willing it is to work.
The stagnant phenomenon of human metabolism will be unavoidable.
Many Korean companies use the simple Korean-style single-structure wage system even when they come to China. Although there is no burden of complex overwork and there is no friction between employees due to equal payment, the company can face difficult situations in which it cannot cut salaries and it needs to be fired even if employees show an unexpected position of work or need to be expelled.
Of course, low-wage businesses that have nothing to do with wages themselves being very low will have no choice, but continuing the fixed-wage system is not a desirable option in terms of employee management or labor costs.
The single-structure wage system has a fixed amount of wages, and once it is agreed to in the labor contract, the entity cannot unilaterally reduce wages, which in turn results in significant restrictions and restraints on the entity’s exercise of self-employment rights. In the case of the composite structural wage system, the variable portion can be flexibly adjusted according to the outcome of the high performance.

The single-structure wage system o-payment is fixed in the form of fixed amount, and the items are not split.
o Basic salary + allowance + overtime pay form
Combined structural wage system o wages are divided into two parts: fixed and variable.
o Basic salary + job pay (or job allowance) + higher pay + allowance + overtime pay form

The majority of Chinese companies adopt a combined structural wage system. In other words, the company only bears the risk equivalent of "fixed wages," while the remaining "varying wages" are passed on to employees. It goes without saying that it is a complex structural wage system that is advantageous to businesses.
The labor contract is carried out in such a way that only fixed wages (e.g., basic wages) with the nature of "living security pay" among employees' wages are clearly agreed upon, and the job pay and the variable portion are paid in accordance with the separate wage management system.

2. Basic Concepts of Multi-Structure Wage System

The percentage of employees employed for life is increasing day by day at companies with long history of advancement.
Some Korean companies are lax in management of non-fixed contracts, resulting in 90 percent of the dozens of office workers being employed for life. If the age of lifetime employment is not linked to the responsibilities and performance of the employees concerned, and the wages are operated under a fixed wage system of seniority based on the class system, the higher the percentage of employees employed for life, the greater the company's right to appoint personnel.
The event will be further constrained, and the personnel gridlock will be even worse.

(1) Dividing wages into three parts: guaranteed salary, job pay, and performance pay

When a non-fixed contract is concluded, the company must reform the wage structure to increase the proportion of job-level (job-pay) and performance-based pay, and in the case of employees with poor performance, the company needs to redesign to receive only guaranteed wages.
By changing the wage system into a complex structure, the wages of employees are divided into three modules: basic wages (guaranteed wages) and job wages (payments commensurate with positions in charge) and performance wages (payments subject to variable outcomes), minimizing the risk of unnecessary overpayment for employees with poor performance.
To do this, it is necessary to split the comprehensive "basic-level" items currently adopted by most Korean businesses into two. One is "basic level (guarantee level), the variable amount committed to the labour contract, and the equivalent amount of each job (occupation level) adjusted annually according to the in-house value and performance of the "occupation" that the employee is responsible for. In other words, the basic wage (guaranteed salary) must be paid as long as it is on a regular basis.
Igo, the level of duty is a "relatively fixed" salary paid, depending on the function (occupation) in charge.

Set a certain range for the job level

In this way, if you divide the job class into ranges of 5 to 15 grades for each position, each year the user will be able to measure the ability of the employee, the attitude of the job, and the level of compliance with this job requirement.
Depending on the outcome of the Korean review, it will be possible to raise wages and lower wages. In addition, depending on the performance (achieving) performed in the responsibilities, there is also a need to set up "performance" for variable payments.
Such a switch to the composite structural wage system not only allows the adjustment of variable salaries according to the outcome of the report, but also allows the portion of the job to be adjusted once a year depending on the employee's performance.

[Complex structuralization of wages (case) ]
One wage is divided into two parts: fixed wages and variable wages. Fixed wages are wages paid on a fixed basis, consisting of basic pay and job pay (or job allowance).
2 It is agreed that only fixed salaries are listed in the labor contract, and that other job and performance pay are carried out according to the company's wage system.
3 Job pay (or allowance) is automatically adjusted according to the change in the function in charge. The level of duty is determined based on the difficulty of the function in charge, relative value within the company, and importance.
4 Fluctuating wages are paid according to performance (performance) and are regularly paid separately by individuals in connection with performance evaluation, absenteeism and compliance with discipline.
(Explain)
If the wage system is structured as above, the basic wage portion will remain unchanged during the labor contract period.
However, other job-level and performance-based employees are resilient according to their individual skills and performance.
Adjustable. For example, if an employee's job supply is reduced, the job pay is reduced, and the performance is achieved.
In case of poor work performance, performance benefits are reduced by that amount, so the wage provisions of labor contracts are not included.
No change is required, performance-based personnel management is possible.

(2) Transforming the Korean-style position system into a job-grade system

In order to realize wage changes at the same time during job adjustment, it is necessary to switch from the Korean-style position system (employee-agent-chief-director, etc.) to the Chinese-style job pay system (depending on the level of job difficulty and the level of personal job proficiency). That way, the government can break away from the seniority-based system where wages are rigidly fixed according to rank regardless of the position in charge.
It will rebuild the organizational rating system around the concept of job-level, and create a system that will allow automatic changes in job-grade levels based on job- By setting the wage range (minimum-maximum) for each job and dividing it into several water supplies, the superior will be able to raise his or her job pay once a year and make substantial pay cuts for those who are in poor work.

(3) Installing variable wage items

The wage structure of most Chinese companies consists of two pillars: fixed wages (basic salary, job salary, position allowance, etc.) and variable wages (performance, bonus, sales incentive, etc.). In this case, the labor contract stipulates that only fixed wage items are promised, and variable wages are calculated and paid on a monthly or a certain cycle basis, based on the outcome of performance or performance, in accordance with the criteria specified in the separate company's wage management system.
In the case of variable wage, the adjustment payment is made according to the outcome of the employee's performance or performance.
As possible, they can be reduced legally within the range of variable wages. However, the price of an old fruit is high.
Unless carried out objectively and fairly, it is easy to cause employee complaints.
For this reason, Korean companies are paying 100 percent of the variable pay even after installing the variable pay item, resulting in a case where the variable pay is privateized and has no effect. therefore
In order to properly operate variable salaries, an overhaul of the over-the-counter system focusing on the quantitative and qualitative indicators of each job is required.

(4) Agreements on labor contracts to secure the right to adjust duties/wages

1 Changeable labor remuneration clause
In the labor contract, not only the amount of labor remuneration, but also the adjustment process of labor remuneration is agreed.
Adjustment of the amount of labor remuneration within the period of the labor contract (downward)
Allow adjustment (including adjustment).

4 Securing evidence of consent for job adjustment

[Example] Appeals of labor arbitration by oral job/wage adjustment
In 2009 회사는4, the company adjusted its employees from administrative accounting to rear support ( 후방) and reduced wages from 8,000 to 5000. 반10, half a year later, the company refused to comply and paid wages by unilaterally adjusting its duties, and applied for labor arbitration seeking economic compensation after notifying the cancellation of the contract.
(Explain)
The company submitted the employee's signed wage statement to the Labor Arbitration Commission. Among them, duties and wages under the supervision of the rear support department were specified in the 2009 年 4 wage statement, and the non-conformity listed as follows. "The signature may not be signed if the segments, duties and wages are adjusted and the employees do not agree to the adjustment, and the signature of the receipt is an expression of consent to the adjustment (部门,职务,,,,).
Based on this, the company was able to win the case.

In companies, job or wages are often downgraded verbally. In this case, it is the principle to receive a confirmation signature by sending a formal job/wage adjustment notice, but in case of difficulties, the company has secured evidence that the employee has agreed to the oral adjustment and can have the effect of replacing the written change of the labor contract when the employee signs it with the above statement.

(5) Year-end bonus payment

Year-end bonus (or also called 13-month wages) is not a legal obligation in China. Bonus
Payment of gold is a matter of internal management of the company and is not a category of forced labor laws, so it is up to the company to decide whether and when to pay the bonuses.
However, the payment terms of the year-end bonus are limited to employees who are in the position at the time of payment.
If not specified, the end of the year will be commensurate with the length of service in the year from the retirees.
They will be asked to pay bonuses. In fact, many years ago in Shanghai, related to year-end bonuses,
A series of lawsuits have led to dozens of companies losing their jobs one after another. from a retired person
In order to prevent litigation in advance, the employment rules related to the year-end bonus payment need to be readjusted
do

[Example] Retirement employees' year-end bonus claim

Kim Sun-saeng joined a foreign-invested company in January 2012 as a sales manager and on a 13-month salary basis with a monthly salary of 5,000 yuan. On Dec. 1, 2012, a month before the end of the year, Kim tendered his resignation and a dispute broke out between labor and management when he settled his salary.
ᄋ Mr. Kim claims: 13 months' pay as agreed upon upon entry into the company. In other words, they are entitled to a salary of CU5,000 x CU11/12 = CU4,583 in proportion to the month of service in 2012.
ᄋ Company claims: Thirteen-month pay is a year-end bonus, which is an implicit rule of the Company not to pay employees retiring from less than one year in office annually. Kim Sun-saeng's request cannot be accepted because his employees have accepted it for the past 10 years.
(Decided by the Labor and Arbitration Commission)
Kim Sun-saeng and the company's labor contract states that" 13-month pay is calculated on the basis of 5,000 won, and no restrictions exist. Since the company has agreed to pay the 13-month salary, it must settle the payment according to the labor contract to Kim Sun- The implied rules of the company are not legally valid.

[working-level measures]

1 Appointment to be avoided
In the case of an agreement to pay one month's basic salary as a bonus at the end of the year, for example, when a retired worker files a suit demanding a 0.5 month bonus at the end of June, the company will have to pay it based on fairness and the principle of "same labor-work-same pay."

2 A desirable arrangement
The arrangement shall be made by switching to the form of a "conditional" year-end bonus associated with the performance. In this case, the original meaning of the year-end bonus (differential payment based on employee contribution) can be saved while avoiding the demand for bonuses by middle-aged retired employees. For example, if an employee makes a high performance table that combines conditions such as attendance, work attitude, and performance indicators, and if the employee makes a bonus payment standard based on the results of a high performance, the middle-aged employee is excluded from the performance altogether. On the other hand, it is also necessary to make clear that the employment rules exclude retired or laid-off workers from the year-end bonus.

[Example] Employment rules - Year-end bonus clause
In the case of year-end bonus, the company shall pay the employee in charge on the basis of the company's management performance and the employee's performance in the middle of January of the following year. In the case of employees who resign or whose labor contract has been canceled at any time before the year-end bonus payment, the company shall not obtain the year-end bonus paid in the year.
年终奖,公司统一于第二年一月中旬,根据公司经济效益及员工工作表现支付给在职员工,在发放年终奖金前的本年度内任何时候,本人辞职或者因故被公司解除劳动合同的员工,均不可享受公司当年发放的年终奖。

(6) Wages during the leave of absence
　
Due to economic factors, such as restructuring or a sense of order, the company has been suspended for a certain period of time (停工
停产) If a worker is ordered to wait for home, the company is required to pay only the cost of living to the worker in accordance with the local wage payment regulations in the area in question, and the cost of living paid may be lower than the minimum wage standard (Article 12, Clause 58 concerning a slight problem with the implementation of the Labor Act). In most provinces, home-to-stay employees, the minimum wage has been increased.
It allows a reduction of 70 percent or 80 percent.

1 Legal wage standard during the period of suspension of operation

If the company orders employees to be placed on standby due to the suspension of operations, the company shall pay them based on the normal wages promised in the labor contract in the month of the declaration. From the month after the declaration, wages should be paid according to local laws.

2 Wage payment method by type of worker

(a) Waiting-for-Home Personnel:
The central wage payment regulations state that they are in accordance with the relevant laws of the state.
The specific standards are set, and the specific standards are determined in accordance with the wage payment regulations of each province.
In general, up to 70 to 80 percent of the minimum wage is allowed to be lowered.

(b) Personnel to Work:
For the maintenance of the company's facilities and production of minimum orders, even during the period of suspension, some
A limited number of employees who report to work on a day, in which case, by agreement between labor and management,
It can be paid at a lower cost than the wages under the original labor contract.
In the case of Soju, Kang So-sung, if there is an agreement between labor and management, it is subject to the agreement, but if there is no agreement,
Based on the working days × 1st-class, home stay days × 80 percent of the minimum wage standard.
It is stipulated that payment be made. In most areas, except for ferromagnetic soju, specific
If there is no calculation method, but there is no separate arrangement between labor and management, the above-mentioned
According to the soju method, it would be reasonable to pay by calculation as follows.
Number of working days ×Won daily wage × Number of days to stay at home ×[A]%
(Note 1) [A] ratio: 70 in Beijing, 80 in Cheongdo, etc. for each city.
(Note 2) Daily wage standard: basic monthly wage plus allowance, subsidy, etc.)/21.75.

3. Major rules for wage payment

Payment in money (principle of currency payment)
Wages shall be paid in the legal currency of the people's currency (Article 5 of the Immunity Settlement Regulations). Wages should be paid in money, and it is illegal to pay wages instead of their own products, for example, for bad management.

Payment on a fixed date (principle of payment on a fixed date)
1 Payment principle once a month
The entity shall pay wages at least once a month (Article 7 of the Immunity Regulations). Because the maximum payment cycle of wages is "months," for example, paying once every two months is in violation of the wage payment rules.
2 Payment on a fixed date
Whether at the end of the month or at the beginning of the month, the pay date needs to be clearly agreed. In addition, once the payment date has been agreed, the entity needs to pay the wages on the agreed date and, if the date is a holiday, the payment will be made on the previous date. Generally, Chinese companies are paying their former wages around the beginning and the middle of the next month.
3 In case a delay in the due date is recognized
Wages must be paid in full. However, if a private company occurs, such as a bad management, or if it obtains consent from the public association or workers, the payment can be delayed for up to one month. Without consent, the city of delayed wages may, in accordance with Article 38 of the Labor Contract Act, terminate the contract for unfair labor practices and request the company to pay economic compensation.

Full payment (principle of full payment)
Companies should pay full wages to employees, but they can deduct the following items.
ᄋ Personal income tax paid by employees
ᄋ Social insurance premium paid by employees, kitchen public money
ᄋ damages to a company
ᄋ Subsidies that must be deducted under the direction of the court

In the case of damages, the monthly deduction amount shall not exceed 20 percent of the employee's monthly salary and the wages after the deduction shall not be lower than the minimum wage standard in the area (Article 16 of the provisional wage provision).
For example, if a worker breaks an entity’s facilities, the entity may deduct damages from employee wages, but the monthly deduction should not exceed 20 per cent of the employee’s wages.
[Example] If the monthly salary of an employee who is required to pay a total of 6,000元 to an enterprise is 10,000元, the monthly salary deduction is allowed up to 2,000元 per month, and the deduction shall be made in three installments.

the delivery of a wage statement
Wage payment methods are possible, whether cash or bank transfer, but the payment of wages is mandatory for employees and a written record of the wage amount, time of payment, and the recipient's confirmation is kept for two years (Article 6 of the Contingency Regulations). the preparation of a wage table

Preservation is very important because it provides important evidence in the event of wage-related disputes. In the event of a wage-related lawsuit, the company shall submit its wage payment records, and under the Arbitration for Labor Dispute Act, it may face adverse litigation consequences.

4. Major points of wage management

(1) the payment of 임금 of the previous king

China's labor law stipulates that the payment cycle must not exceed "one month" and imposes only a monthly payment obligation, and there is no stipulation that wages for the month be paid in the month. Currently, many Chinese companies are paying the wages of their delivery by the beginning and the middle of the month, and some businesses are paying by the end of the month.
The reason is that 1 because many adopt a variable wage system, or performance-based pay system every month, which takes considerable time to keep records of delivery, tallying high performance figures, and settling wages, and a two-month suspension of wages is necessary to control workers’ absent-worker positions and prevent non-payment of company supplies and non-payment of handover.

[Example of Payment Regulations]
The wage payment date is designated in a regular cycle, not fixed dates. For example, from the 5th of every month,
Delivery wages are paid in a period of up to 10 days. Optionally, pay for delivery up to 10 days prior to each month

(2) Response to delayed wage payment

Wages should be paid in full on the appointed day. However, if a private company occurs, such as a bad management, or if it receives consent from the public association or workers, it can be delayed for up to one month. Without consent, a worker may, in accordance with Article 38 of the Labor Contract Act, notify one-sidedly of the cancellation of the contract due to unfair labor practices and request the company to pay economic compensation. Therefore, in the event that wages are delayed due to unavoidable circumstances, the evidence must be preserved in any form after consultation with the employees.

[Case] Labor litigation over payment of deferred wages

Five people, including Yang, are employees of an advertising company in Shanghai. 年8 2008 2008, they submitted a contract to the company in July to cancel the labor contract unilaterally, and applied for labor arbitration to claim economic compensation. At the Labor Arbitration Board, the company has already submitted evidence that it issued a notice to the company's entire staff of 8月10 days, saying, "The company had a civil lawsuit, causing a temporary freeze in company accounts, which would pay employees July wages between 8月20 and 8月28. However, five people, including Yang, admitted that there was such a notice, but insisted that it had nothing to do with the plan.
(Decision on Labor Arbitration)
The company issued a notice to the effect that it would be delayed for about one month due to the reason for the freeze in funds following the lawsuit. The worker pointed out that the company should show reasonable tolerance for the timely payment of temporary wages caused by management difficulties, and that "no delay payment" did not mean the same as "time payment".
Although the company failed to pay wages for July in a timely manner, the company rejected the workers' claims, saying it made utmost efforts to pay wages to the workers.

(3) Handing out wage statement

In general, an entity entrusts wages to a bank in the form of a wage card to pay wages by proxy. The bank's proof of payment is proof that the company paid wages. However, because the bank’s wage transfer evidence only shows the total amount of wages and does not show the composition of wages (basic pay + overtime expenses, etc.), in the event of a labor dispute over pay remuneration, such as overtime costs, an enterprise may face an unproven situation. Therefore, it is necessary for an entity to produce a detailed wage statement and, if cumbersome, obtain an employee’s confirmation and signature.
If it is difficult to get a written wage statement because of the large number of employees, there is also an e-mail delivery method. However, in the event of a labor lawsuit, if the employee denies receiving an e-mail or two, if the contents are denied, electronic data is easy to organize, unless notarized, and without other supporting evidence, it is difficult to adopt it as a basis in court. Thus, although primitive, receiving a written and printed wage statement confirmation is also a sure way to ensure that it is legal.

Wage Table and Wage Statement
The wage table is a table of the wage composition, amount and payment status of the entire employee.
Most companies keep wages a secret, so the payrolls are only used by the HR department for aggregation purposes. Based on the wage table, the wage statement for each employee is printed, and the wage statement records the wage composition, amount, and payment status of the individual, and the signature confirmation by employee is obtained, so the confidentiality of the wage information can be maintained.

(4) Designing wage specifications

Wage statements are the most likely documents to be submitted in the event of a labor action, and can be a useful means to protect the interests of enterprises in the event of a labor dispute if they are well designed to account for various risks in advance.

1 Risk management for overtime expenses
If the employee claims that he or she has failed to receive the overtime fee in the wage statement, instead of making the overtime pay item separately, the company will find it difficult to prove the fact that the overtime payment was made. Therefore, the wage statement must include items for overtime expenses separately, and the items for overtime work must be reconciled to one weekday overtime charge, two weekend overtime fees, three legal holidays, and the employee must be able to verify their signatures to prevent malicious overtime charges from being retroactive.
Currently, the rate of overtime surcharge is unified in China, but the number of overtime expenses varies according to local wage regulations for each province. Some localities (Gwangdongseong) require that only basic wages can be paid as non-regular overtime, and some localities are based on fixed monthly wages under normal working conditions, including basic wages. The question is what items of wages should be used as the basis for calculating overtime.
In general, many companies agree that the basic wage on labor contracts should be paid for overtime. No matter how the local overtime calculation unit is agreed upon, if the basic wage is promised as a calculator (other than the province that defines the total wage, such as Shandong Province, as the number of overtime pay), and if an item of overtime cost is made on the wage statement, the difference in the worst-case scenario of losing the case will be paid only. In this case, it is also effective to specify the number of overtime pay calculators in the category of overtime expenses and obtain an employee's confirmation and signature on the wage statement every month.

Absenteeism and tardiness record and wage statement
The most authoritative evidence to confirm the existence of overtime work is the absenteeism and tardiness record. If the entity fails to submit the absenteeism and tardiness records in the event of a dispute over overtime, the entity is likely to lose. Because it is the entity’s responsibility to manage and preserve the absenteeism and tardiness records, the entity will be held responsible for the unproven nature of the absenteeism and tardiness records.
The absenteeism and tardiness record sheet is required to receive a confirmation signature from the employee before monthly wage payment. However, in the case that it is difficult to obtain an employee's signature in the absenteeism and tardiness record book for various reasons, such as division of business and dispatch of work to other areas, the employee identification should be clearly indicated in the wage statement by referring to the specific absenteeism and tardiness record figures ( absenteeism, request, sick leave, overtime, etc.).

2 Securing evidence of infraction of discipline
In case of violation of discipline, the employee often refuses to sign even if he sends a warning. In this case, it is hard to be recognized if a company notice board is posted or if a human resources officer or boss signs and specifies the situation in a warning letter as a witness, he or she actually goes to court. To prepare for this situation, a good method is to make a "failure violation" item on the wage statement separately, specify the fine or the amount of the wage deduction for the month, and briefly state the facts of the violation in the complaint.
For disciplinary measures not to be penalized, non-exercise and breach of discipline.

01 Wage management

Wage management is one of the most difficult areas for Korean companies to come to China. This is because with a Korean mindset and wage management, they fail to provide performance-based discrimination or face a barrier to maintaining work tension through incentives or pay cuts. It needs to be deeply agonized over how to take the wage structure under a management situation where labor contracts are prolonged, life-saving and the business environment is rapidly changing, and how to establish a wage system.

1. Wage formats and calculation standards

(1) Time calculation wage system (計時工资)

The time-calculated wage system is a form of labor remuneration that is calculated and paid according to the length of working hours of workers. The time-calculated wage system measures the amount of labor to the direct duration of labor. The criteria for the time-calculated wage system are determined based on the level of proficiency and job importance of workers.
It is pointed out that although it is the most commonly used method, it is difficult to accurately reflect the quality and quantity of labor in labor remuneration. Part-time wages generally apply to management personnel who are difficult to directly quantify labor performance, or to jobs where quality is more important than quantity of products.

Status of implementation of time calculation wage system
In China, the time-calculated wage system is generally implemented on the basis of the monthly wage system, combining monthly wages, daily wages and time wages. For example, if a worker works overtime, he or she pays wages according to the monthly wage standard, and if he is absent or works overtime, he or she deducts wages based on day wages and time wages, and pays monthly wages.
January wage system: a system usually called the monthly wage system, and which pays wages on a monthly basis. Pay the full monthly wage standard when working without work, but pay the full amount according to the number of days and hours of absence from work.
2 日 日 Wage and Time Wage System: Wage system that calculates and pays based on workers' Japan, 時wage standard, actual working days and time, the daily wage system is applied to the full-day system, and the hourly wage system is mainly applied to non-day employment.

Number of legal wage calculation days = 21.75
"21.75" is the statutory monthly wage calculation date. The 11th day of the annual statutory holiday is a "pay holiday" in which wages are paid even without going to work, so it is divided evenly into 12 months, in addition to the actual average number of working days (20.83), excluding legal holidays.
* 11th of the legal holiday ÷ 12 months ≈ 0.92,20.83+0.92=21.75
Wage calculation days are used extensively in calculating overtime costs and calculating the wage deduction for the number of days absent.

Wage calculation standard and actual working hours standard
What's special about
legal wages
Calculation
Base monthly wage calculation days:
(365 days - 104 days a week)주일12 months =21.75 days
1 Daily wage: Monthly wage ÷ Monthly wage calculation days (21.75)
2 Hourly: ÷ Monthly wage calculation days x 8 hours per year 11 days of legal holiday are "paid holidays", so the company pays normal wages on legal holidays.
do.
actual labor
time
1 年 Labour days: 365 days to 104 days (rest days)
- 11 days (Judges holidays) = 250 days
2 分期 Labor days: 250 days ÷ 4 quarters = 62.5 days/quarter
3 月 Labour days: 250 days ÷12 months = 200.83 days/months
* Labor hours = Labor days x 8 hours legal holidays are paid holidays, 年 Labour days are deducted from 11 days of legal holidays.
Calculation
[Relevant Laws] "Notifications on the issue of monthly average working hours and wage calculations for workers annually" (From [2008]3)

How to calculate attendance wages
When calculating monthly wages, the actual number of working days will vary from month to month if the work day is less than one month due to the employee's employment in the month, retirement, private leave, sick leave, and absence without leave, and the actual number of working days will vary from month to month.
[Form 1] Date of attendance > 11th
Wage = Monthly base wage - monthly base wage .75 21.75 x (workdays-work days)
[Form 2] Number of days to work
Wage = Monthly wage - base wage ÷ 21.75 x number of days to work
(Note) 11 days is half the legal wage calculation date of 21.75, and depending on whether the number of employee attendance days in the month is greater than or less than 11 days, different calculation formulas are applied, allowing a fair wage calculation. If only one formula is used, there is a possibility of negative wages occurring.

Case of calculation of attendance wage

(1) Calculation of attendance wages
If the base monthly wage is 2,175元, 23 days of service, December 2014 and 1 day of private leave
(error) [formal 2] is applied, not even on the first day of vacation, but more than the standard wage.
December 2014 Wage = 21.75 21 21.75 x 22 days = 2,200 > Monthly Base Wage 2,175元
(Accurate) [Form 1] Application
December 2014 Wage = 2,175元 - 2,175 ÷ 21.75 x (23-22) = 2,075元
February basic wage of 2,175 days, December 2014 23 days of work, after only one day of work, retired
(error) [formal 1] Application
December 2014 Wage = 2,175元 - 2,175 ÷ 21.75 x (23-1) = - 25元
(Accurate) [Form 2] applies
December 2014 Wage = 21.75 ÷ 21.75 x 1 day = 100元
(2) Calculating the monthly wage for a legal holiday
In China, a weekend break day (Tuesday, Sunday) is "free," but a legal holiday is "paid." Therefore, if there is a legal holiday in the month, the number of normal working days shall be calculated.
[Example] Monthly wage of 2,175; October 2014 Labor Day holiday (October 1-7) After the end, October
9th. Retirement. 3rd day of work (Oct. 1, 2, 3rd) +2 days (Oct. 8, 9th) = 5 days
[Form 2] Applicable: October 2014 Wage = 21.75 21 21.75 x 5 days = 500元

(2) Production number wage system (计件工资)

The production number wage system is a wage type that is calculated and paid by applying the production number unit price prescribed in advance for the passed products produced by the workers. Many factories in China employ these wage models, a system that improves labor productivity by linking labor performance with labor compensation and ensures higher-functional public figures earn more by spreading imported cars among public figures.
In addition, the benefits include reducing management risks and accurately calculating labor cost coasters for unit products because it can reduce the pressure on the company’s labor costs during times when there are not many orders to produce. It is pointed out that the disadvantage is that the pursuit of only the quantity of the product can cause quality and safety problems, and the facility's management.

Terms and conditions of implementation of the production wage system
ᄋ Correctly calculate the quantity of products and accurately reflect the labor input made by workers
ᄋ It is easy to inspect the quality of products, there are clear quality standards, and strict quality inspection
the practicability of a system
ᄋ Establish advanced and reasonable production standards and efficient statistical systems
ᄋ Production order quantity is always exceeded, and raw materials are supplied normally
ᄋ Management system has reached a certain level

Types of production number wage system

1 Unlimited direct production number wage system
Based on the actual finished product within the standard time (8 hours) as the most common form.
The method is to pay wages by applying unified work unit prices without restrictions on the ceiling.
* Wage per actual acquired production count = quantity of products passed x unit price

[Case]
a unit price of 1元, working standard of 8 hours per day Regulations stipulate the labor standard of 50 per day
(1) Within standard working hours (8 hours)
• 60 successful products completed in 8 hours: 60 earned daily wage= 60 x 1元 = 30元
• Completed 40 passes in 10 hours: 40 earned daily wage= 40 x 1元 = 30元
(2) Extra overtime (extended two hours’ working hours to fill an order)
• Complete 50 standard hours + 12 overtime hours
• Under the circumstances when the work schedule was completed, the company ordered overtime work outside the legal work hours.
Due to this, extra work must be paid
• 50 x 1元 + 12 x 1 1x 150% = 68 68
(Note) Labor reference quantity (or pass-through) means that the criteria for the quantity of finished (or accepted) products produced at a given time of work are predetermined or the time to produce a certain quantity of finished (or accepted) goods are prescribed in advance.

2 progressive production number wage system
This method is applied by increasing the unit price of the work for the parts that are over-produced after achieving the standard labor standard within the standard time. The difficulty of exceeding labor standards or of increasing production is high.
When this approach is applied to an item, the effect is high. However, in this case, reasonable labor standards should be established and accurate pre-calculations of economic efficiency are required. This is because if the labor standard is set low and the excess production calculation is high, the manufacturing course can increase rapidly and have a negative impact on economic efficiency.
[Reform] Actual acquisition production count wage = (part X general work unit price within labor standard) + (overrun)
Production part X progressive work unit price)

[Example] 50 work-days standard in a factory, 1 작업 work unit price, 1-10% overcompletion
1.1元, over-completion 10-20% 1.2元, over-completion 20%, 1.3 元, total 62 production
* Actual acquisition production wage = (50 x 1元) + (5x1.1) + (5x1.2) + (2x1.3) = 64.1元

3 Production number wage system for excess production
Also referred to as the split production number wage system. When a public official completes the work standard, he/she shall pay the monthly standard wage, and if he/she produces excess, he/she shall pay the overtime pay according to the prescribed work unit price. However, if the labor standard is not completed, the corresponding salary shall be paid.
[Formation] Actual acquisition production count wage = monthly wage acquired within the labor standard plus overtime production cost

[Example] Monthly wage. 250 labor standards. Working unit price 3元. 280 actual finished volumes
* Actual acquisition production count wage = 800 + 30 x 3 = 890元

4 Collective production number wage system
Production count wages calculated according to the production completed jointly by the work force. The production allowance received jointly within the work group is reasonably distributed to the members of the staff. This method is especially applicable to items or processes that are collectively completed through inter-employee collaboration in mechanical facilities or production processes.

5 Sales-Rated Wage System
Incentive wage schemes refer to wage schemes that receive a certain percentage of a firm's sales income or net profit. This format works where it is difficult to determine the unit price by quantifying labor performance in advance using the labor standard method. This approach can ensure employee activism by linking the employee's wage income to the sales or profit situation of the company directly. Currently, it is mainly used in the service, distribution and catering industries.
ᄋIncentives for excess of fixed amount: a fixed wage in the form of basic wages, and a fixed amount of sales or profits
Set the target amount and pay incentive wages at a certain rate for over-referenced
* Employee income = base wage + base excess income x incentive ratio
ᄋ Full incentive: No basic wage, employee income paid in conjunction with profit or sales income
* Employee income = Profit or Sales revenue x Incentive ratio

Precautions for implementing the production number wage system

1 A reasonable labor standard determination is required. Labor standards should be the standard that the majority of workers can reach normally.
2 Extra work expenses shall be paid when working outside the normal working hours. If the labor standard is completed during normal working hours and additional work is carried out, the overtime cost shall be increased to 150 per cent on weekdays, 200 per cent on weekends, and 300 per cent on legal holidays. In practice, overtime is likely to escalate into a lawsuit when overtime prices are not applied in such a way that they do not leave a record of absenteeism and because of the record of attendance at weekend overtime.
The minimum monthly wage should be guaranteed, even if it is a production wage system.

2. Minimum wage system

Minimum wage refers to the minimum labor remuneration paid by the company if workers provide normal labor. In the event of a violation of the minimum wage, the worker may file a complaint with the Bureau of Labor to demand a net payment of the minimum wage, deem it an act of unfair labor, and may immediately terminate the labor contract and demand the payment of economic compensation to the enterprise (article 38 of the Labor Agreement Act).

items not included in minimum wage

The following remuneration paid to workers is not included in the minimum wage (Article 12 of the Minimum Wage Regulations).

1 National Common (valid for all regions)
(a) overtime expenses;
(b) allowance paid under special labor conditions, such as night work, high temperature, low temperature, mine, toxic hazards, etc.
(c) the welfare of workers, as defined by law and the State; and
- Comply with benefits such as social insurance premiums and kitchen public funds that companies should pay
- Hygiene costs, tidal charges, homelike leave, solvents' allowance, winter heating allowance, summer high temperature allowance, etc.
(d) non-monetary meals and housing costs provided in kind;

2 Applies to specific regions only (valid for the region only)
Beijing and Shanghai exclude social insurance and kitchen public funds paid by individuals from the minimum wage. Therefore, the real minimum wage in Beijing and Shanghai is more than 300 won higher than in other provinces. In case of Kang So-sung, social insurance premiums for personal payments are included, but the individual onerous kitchen bills are excluded from the minimum wage.
Therefore, in the case of Beijing and Shanghai, the "hereinafter minimum wage + employee paid social insurance premium and kitchen public allowance" should be set at the in-house minimum wage so that the employee's misorder amount is higher than the current minimum wage. In the case of Kang So-sung, the setting needs to be set at "here’s minimum wage + kitchen public funds paid by employees." Other areas include social insurance and kitchen utilities.

Without local minimum wage
Social insurance, kitchen, public money, etc.
Injury personal burden personal burden meal allowance, commuting allowance, housing allowance
Beijing personal burden -
Rigid - Personal Burden -

Excluding the application of the minimum wage
The minimum wage system applies only to workers who provide normal labor. therefore normal
home-stay workers, sick workers, or private vacations that do not provide labor.
If (请假) is acquired and normal labor is not provided, the minimum wage system shall not apply.

(1) Should an economic reward be paid for resigning based on my opinion?

There is no legal obligation to pay economic compensation when voluntary retirement is due to the workers themselves. However, a written resignation signed by the company must be accepted in preparation for the possibility that the company may ask for economic compensation, saying that it later retired at the request of the company. If an employee submits a letter of resignation to disentangle the working relationship, it shall be stated in the resignation letter that he or she will transfer to the "individual cause".

Economic compensation for careless receipt of resignation
In his transfer, Chang only submitted to employees who did not list the cause of the transfer and resigned.
After that, Chang said, the company did not pay social insurance, so he had to resign from his position as a passive employee due to the company's misconduct.
Claiming to have done so, it raised labor arbitration to demand the payment of economic compensation.
(Analysis)
It is true that the company did not pay social insurance, but the cause of Chang's retirement was society.
He had nothing to do with insurance, but later raised labor arbitration on the pretext of doing so.
If employees do not specify employees when submitting their resignations, use them after retirement
It needs to be noted that compensation can be demanded.

(2) Is there any legal risk when you retire and ask for a retirement certificate as "corporate retirement"?

In China, unemployment insurance is available after retirement, but voluntary resignation is not the case. Tooth
As a result, it is often requested to check the ‘Company’ item on the management’s retirement certificate. If you issue such documents, the employees will be able to receive several months' worth of unemployment insurance, but if they change their minds later on, they did not receive any financial compensation even though they retired on the grounds of the company. Or, they will take the risk of facing labor lawsuits for economic compensation or economic compensation for being forcibly dismissed. In this case, the company's loss rate is 100%, so you should never comply with this.

(3) After resigning from his own position, saying that the company did not provide social insurance, he applied for labor arbitration, which he claimed was due to the company's reasons. Is the company obligated to pay?

The Labor Contract Act imposes an obligation for the payment of economic compensation money on a company for the cause provided by the management if the worker resigns due to the management's misconduct. Workers who want to move to another company anyway can raise labor arbitration to demand economic compensation.
However, in this case, the worker must notify the management by specifying the reason for his resignation in the written resignation and prove the management's corresponding misconduct in the labor arbitration. If a worker issues a letter of resignation stating the cause of personal affairs and subsequently files a labor lawsuit for misconduct, it is unlikely that the employee will be recognized in court because he has already established another cause-based resignation at the time of his resignation, as the worker has refused to notify the management at the time of his resignation.
In general, the most frequent occurrence of a company is the case of a labor lawsuit filed with the company on the grounds that it was submitted to the company by stating the reason for non-subscription of social insurance upon retirement. In this case, even if the employee resigns voluntarily, the worker is entitled to economic compensation (but only from January 2008 because of the newly created provision). Since workers can take advantage of this method at any time when they do not have social insurance, the company should not comply with the request even if the worker does not apply for social insurance upon entering the company. In the event of a decision not to pay social insurance less than this, it is necessary to have a written confirmation that it is voluntary by the workers.

(4) There is a person with a high salary of more than 20,000 yuan in the staff. Should we calculate the full amount of compensation? Is there a cap in the law?
As a socialist country of China, therefore, to prevent excessive disparity in the amount of economic compensation between high and low wage earners, the upper limit of the monthly wage is limited to three times the average wage of the previous year of the city, and the ceiling of the total number of years of benefits, to 12 months. For example, if the average monthly wage for a worker in the previous year is 4,000元, the maximum economic compensation that a wage earner can receive is 12,000元 x 12 months.
In the case of Korean employees hired there, special attention is needed. For example, if you are a Korean earning 20,000 won a month, and if your average social wage here is 4,000 won, then 12,000 won will be the basis for calculating the economic compensation, and you are mistaken for the Korean method of severance pay, a dispute could arise.
Therefore, in the event of a local employment contract, it is advisable to make this clear to the party from the beginning. In addition, if some are received in Korea, for example, it would be a way to avoid unnecessary friction at the time of retirement if some are received from Korea, for which Chinese recipients are counted according to China’s economic compensation scheme, and for which Korean recipients are counted according to the Korean-style severance pay system.

(5) Should the economic compensation be given 20,000元 legally, but can a lawsuit be filed later to reverse it and ask for a difference in consultation with employees?

The employee's wage remuneration and economic compensation are completed in the agreement, and how about between the two parties?
Where the phrase "no dispute exists" is specified, it is legally considered to have disposed of its own rights.
The Supreme People's Court's judicial interpretation (3) issued in September 2010 clearly stated that the agreement between labor and management has legal effect. After the conclusion of the agreement, if the worker subsequently asks for cancellation, the worker shall "verify" that there is a grave misunderstanding or a situation that is remarkably lacking in fairness in the agreement.
In the case of" day-to-day" compensation generally, if the user’s compensation falls far short of the fantasy insurance standard, the agreement itself is often nullified when the worker files a lawsuit. However, agreements on general matters, not fantasy, are legally valid unless workers present "proven" evidence that users inadvertently entered into an unfair agreement through threats or coercion.

(6) What do you need to pay attention to when the worker commits a breach of discipline, but wants to pay only a small amount of economic compensation for lack of evidence and end the employment in the form of "negotiation"?

In the case of the cancellation of negotiations, the company shall pay the legal economic compensation (based on the total service training), as shown in the above example, but in the case of negligence of the workers, the legal risk can be minimized if the company makes a payment in the manner of compensation for consideration after stipulating in the agreement that the company raised the cancellation of negotiations.

[Example] Let's draw up a consultation paper for the cancellation of negotiations
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 offered to cancel the negotiations after much consideration. Originally, it was supposed to give 16,000 won in compensation, but it persuaded S that it could not give all of the compensation because it was wrong, and eventually signed a consultation on the dissolution of the merger. The terms of the agreement "are to terminate the contract on a consultation basis, and the entity also pays half the compensation to S."
(Explain)
The contents of the agreement were written against the enterprise. Because of the use of the ambiguous wording of a two-way agreement, if S subsequently requests an additional shortfall, the entity is highly likely to lose. 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 post-negotiation consultations with the entity, and the entity pays S a small amount of compensation." Because this would result in a situation in which management does not have to give economic compensation, a small amount of compensation would be paid out of consideration by the entity.

(7) At the time of the economic compensation payment, how can we prevent the company from raising labor arbitration in the future?

After receiving full economic compensation from users, it is often the case that the company is harassed by applying for labor arbitration with other issues (such as overtime costs, unused annual leave, etc.).

For small and medium-sized enterprises, it is difficult for the company to fully legalize labor management, so when paying the remaining wages and economic compensation upon retirement, the use of the written form provided below may be used to prevent future labor lawsuits from being filed, provided that "labor compensation has already been settled and no labor disputes exist between the two parties" may be included (non-compunishment).

[Confirmation] Simple transfer certificate
I am relieved of my labor relations with the company because of the cause of the (negotiation) cancellation. of one's own accord
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 the economic compensation_____Wien.
3. The labor conservancy etc. has already been settled, and no other dispute exists between the two parties.
因,公,公。
1,商,。。
2, 经员工确认, 元。
3,等,。。


(8) I would like to reconsider a person who has resigned as a volunteer from the company in the past. In this case, is the past service year included in the calculation of economic compensation?

Employees who have worked for the company in the past and who have been sent out without payment of economic compensation should not be re-employed. The Labor Contracts Act stipulated that economic compensation is calculated as the number of years of service for the companies concerned. In other words, it is important to note that it is not a "continuous" service life but a "accumulated" service life. Even if the labor relationship is suspended, the service life is calculated in sum (excluding the period for which economic compensation was paid upon retirement in the past). Therefore, it is necessary to make sure that the recruiter has served in his or her company in the past.

(9) When calculating economic compensation, whether or not the period during which the work stoppage was to be completed;

The average monthly wage standard, which is the basis of economic compensation, is determined based on the 12-month period excluding the period of suspension of operations, i.e. non-normal production conditions. In other words, the period of suspension of operations is not included in the first 12 months of the economic compensation calculation period.

[Regulations on Economic Compensation in the event of labor contract violation and termination (劳部发[1994]481)]
Article11 The wage calculation standard for economic compensation in this Regulation refers to the monthly average wage of 12 months before the termination of a worker's contract under the normal circumstances of production of the enterprise.

(10) How should we interpret the "misunderstanding" and "abnormal" of the legal literature on the calculation of economic compensation?

An accurate understanding of the entry and exit of economic compensation money at the time of calculation is needed. "abnormal" "below" "within" includes the principal and "less than" and "other" does not include the principal. Therefore, if the service life is exactly six months, it is not less than six months, so it is calculated that the service life is equivalent to six months and one month.

2. Implementing labor contract laws and changing payment standards

Economic compensation for the termination of employment due to contract
With the implementation of the Labor Contract Act in January 2008, China's economic compensation payment system was greatly expanded. In other words, in the labor law era until 31 December 2007, there was no obligation to renew the contract and to pay economic compensation when the fixed-term labor contract was due. Companies were able to use it to send out senior employees with higher wages and replace them easily with younger workers with lower wages. The Labor Contract Act provides for a wedge in the short-term employment phenomenon triggered by this, and at the end of the contract, an attempt to terminate the employment (in case of contract renewal), economic compensation.
He imposed a payment obligation
Under the principle of non-payment of laws, the period of application of economic compensation for termination of employment due to contract expiration is January 2008.
Only applicable for service period after 1 day.

High-wage economic compensation - Application of the upper payment ceiling regulation
In order to curb some high-wage earners’ excessive receipt of economic compensation, the Labor Contract Act established the upper limit of the high-wage wage earner (3 times) and the limit of the period (12 months). The cap on economic compensation money existed even in the pre-2008 labor legal age. However, at that time, the 12-month cap on economic compensation was applied in exceptional cases only to some statutory requirements (e.g., the lifting of negotiations, the lifting of non-compliance, etc.).
With the upper limit on economic compensation for high-wage workers, the economic compensation shall be calculated by applying the criteria of the past labor legal age to be transferred from January 2008 to January 2008 and the labor contract law era to the period of service thereafter.

3. Calculation of economic compensation and calculation of the number of years of service


Amount of economic compensation = Monthly wage standard corresponding to the number of service

Calculation Method of Wage Standards
It is based on the monthly average wage divided by 12 for the previous 12 months, which includes total wage income for the last 12 months (including bonuses, bonuses, bonuses and overtime expenses) before the termination or termination of labor contracts. If the work is less than 12 months, the average wage is calculated based on the number of months actually worked. Meanwhile, the last 12 months are assumed to be normal business conditions, such as "cancellation of operations" and, in the case of receiving abnormal wages, the period is excluded from the 12 months.

[Local judicial standards for Shanghai]
The Shanghai court was the only court in the country to make a local judicial interpretation that the calculation of economic compensation is deductible because overtime costs are not "normal wage income." However, in order to avoid unnecessary friction with retired employees, economic compensation is calculated and paid, including overtime expenses, unless special circumstances exist in Shanghai.
(Building) Civil Code Application Questionnaire of the High-Level People's Court in Shanghai (2013-1)--Calculator of Economic Compensation Funds

Restriction of economic compensation for high-wage employees

the upper limit of a sum
If the monthly wage of an employee (12 months average wage) exceeds three times the average monthly wage of an employee in the previous year, the wage standard of the economic compensation paid to that employee is calculated as three times that of the previous year's average wage of the company's property.
two-year limit
In calculating the service life, the number of months corresponding to the service life shall not exceed a maximum of 12 months. Even if a person has worked for 20 months, 12 months will be the legal upper limit.

Calculation of years of service

1 Time of service life
The number of years of service at the time of calculating the economic compensation shall be calculated from the working day at the company. However, the fixed-term labor contract is signed and the employment termination date at the end of the contract is subject to the payment of economic compensation only for the years of service from January 2008 (the new clause of the Labor Contract Act).
It is the case of termination of the contract that requires attention here. Economic compensation paid based on the total number of years of service from the time of employment when the contract is terminated from the previous era of labor law
On the other hand, if a medical period is given due to a worker's illness or non-work injury, this medical period is also counted as a continuous service life.

2 Retired soldiers' years of service
Care should be taken when hiring veterans when the military service training is calculated for the first time since retirement and economic compensation requirements are met for the relocation of the company, the economic compensation shall be calculated for the combined period of the company's service and military service (the opinion on the resettlement of veterans in accordance with the employment unit's labor contract system).
However, because the military service training is only counted on the first company after retirement, if a veteran joins the company after several companies, it does not count on the number of years he or she has received economic compensation in his first job or not. Therefore, it is very important for veterans to check whether they are first-time employees or have other company experience.

3 Employee's years of service from China's joint partner company
Many Chinese companies are transferred to the joint venture after their Chinese counterparts set up joint ventures with Korean companies. In this case, the employee’s years of service in the Chinese company are summed up in the joint venture’s years of service. However, if the employee transferred to the joint venture at the instruction of the Chinese joint partner, the employee has terminated the labor contract with the Chinese company that worked as his doctor and joined the joint venture, the number of years of service shall not be added.

4 Training for employees who have been transferred to related companies
If the company transfers employees to a separate company (new company) without the cause of the employee itself, the old company's years of service are added to the new company's years of service (Article 10 of the Labor Contracts Act).
Many cases involve shutting down companies or certain departments whose management has deteriorated, and transferring related employees to related companies. In this case, the employee’s service life is counted on the employee’s service life, which is a separate entity, if the former employee does not pay the economic compensation. However, if the company does not provide a job security service, if an employee releases a labor contract with the former job at his own discretion, and transfers to a related company, the employee's service life will not be added.

4. Requirements for the payment of economic compensation and the standard of tax payment

Payment upon completion of handover
Economic compensation shall be paid upon completion of the employee's handover of work (Article 50, Clause 1 of the Labor Contract Act). The Labor Contract Act stipulated the timing of payment of economic compensation to the completion of the work handover in order to prevent the failure of workers to take over upon retirement. Therefore, employees who have not completed the handover should be paid after confirming the firm implementation of the transfer, since it is not legally problematic to postpone the payment of the economic compensation.

[Labor Contracts Act]
Article50 Workers shall carry out work handover procedures in accordance with both parties' agreements. If the user is required to provide economic compensation to workers under the relevant provisions of this Act, the payment shall be made upon completion of the work handover process.

lump sum payment
Economic compensation money needs to be paid in batches (Article 2 of the Economic Compensation Rules for violating and lifting labor contracts). However, if labor and management agree on the payment in installments, follow the agreement.

a tax payment on economic compensation
Since economic compensation amounts to employee income, it is subject to taxation of personal income tax. In practice, money is paid in the name of consolation money in addition to economic compensation, which is also subject to taxation of personal income tax. When an entity pays economic compensation to its employees, it is obliged to pay the employee’s personal income tax by proxy deduction, as is the case with the payment of wages (article 8 of the Personal Income Tax Act).

[Personal income tax payment method]

1 Income tax exemption limit
Individual income taxes are exempted for income from economic compensation acquired on a one-time basis, and for the amount less than three times the average annual wage of the previous year on corporate property.
[Example] Tax exemption for Shanghai 2013: 4,692元(a monthly average wage in Shanghai 2012)×12 months
= 56,304元3배=168,912元
2 Calculation of personal income tax on excess of the exemption limit
Economic compensation (including surcharges, etc.) is calculated on the basis of the following principles:
(a) Segments within three times the previous year's average annual wage of a workman in the area shall be deducted from the taxable amount of the personal income tax.
(b) Social insurance and kitchen public funds paid from economic compensation as personal burden shall be deducted from the taxable amount of personal income tax.
(c) Since economic compensation is paid in proportion to the period of service, the wages for several months are considered to have been acquired once, and are calculated on average by dividing them into the number of years of service. Meanwhile, if the number of years of service exceeds 12 years, it is calculated as 12 years.

[Personal income tax calculation formula]
Personal income tax = {economic compensation - 3 times the average annual wage in the area - actual kitchen credit paid - social insurance premium paid]기업의 Corporate service life - personal income tax deduction amount} x applied tax rate - calculation deduction amount] x Company's continuous service life

 Economic Rewards



China’s economic compensation is quite different in its legal nature from Korea’s severance pay, which has the later nature of wages. In China, the management's obligation to pay the gold shall arise only if it conforms to the statutory reasons stipulated in the law. As the term "economic compensation" in China means, the reason for retirement is not on the part of the labor side, but on the part of the company (release the agreement, lay-off, etc.)
Or, if a worker is fired for reasons other than intentional negligence (disease, injury, incapacity for work, etc.) it has the nature of compensation to guarantee basic life during the months of unemployment until reemployment.

1. The nature and payment requirements of economic compensation

Fundamental principle of economic compensation payment
Whether China's economic compensation will be paid depends on whether the company is responsible or not.
If the cause of the labor side, i.e. notwithstanding the company's intention to continue employment, is submitted and quit due to its own reasons, or if the management refuses to offer continued employment at the time of the contract renewal, the management's obligation to pay economic compensation shall be waived.
Since the attempt to retire under the legal age of the workers themselves is considered to be the cause of the workers, there is no need to provide economic compensation unlike in Korea (retirement under the national law, which is subject to monthly pension coverage, exempts companies from economic compensation obligations).
Due to the complexity of China's economic compensation system, it is necessary to grasp the relevant laws accurately, as labor disputes are frequent at the time of retirement, and whether the reason for resignation is on which side or the payment is appropriate.

Economic compensation when the negotiation is cancelled
If a labor contract is terminated through consultation between the company and employees before the expiration of the labor contract period, the payment of the economic compensation money is determined by which party raised the settlement. If the entity proposes to terminate the contract and the worker agrees, the obligation to pay the compensation money arises.
On the other hand, if, for example, due to the conclusion of a mandatory service term agreement, the employee cannot retire at will without the consent of the company, and the company agrees to cancel the contract. In this case, when preparing a labor contract negotiation consultation agreement, the government must insert the words "released by the workers" or submit a letter of resignation to prevent a later case of economic compensation from being filed by the workers.

Economic compensation when resigning as a volunteer
There is no obligation to prevent economic compensation when resigning. However, in the event of a labor dispute, the management must prove that it is a "resource doctor," not a written resignation under a handwritten signature.
Faxes, cell phones, or punctuation employees should never be accepted, and in this case, a written resignation must be required to be submitted in this case.

Economic compensation for the termination of employment due to contract
When the contract expires, the contract is terminated naturally. At this time, if the company does not renew the contract,
Economic compensation shall be calculated and paid for the period of service after January 2008 (labor contract law).
Shin: However, despite the company's announcement of its intention to renew, the workers refused to renewals.
When a labor relationship is terminated, the entity has no obligation to pay economic compensation. However, in this case, later
To avoid conflict, evidence of workers' refusal to renew must be secured.
In a commonly used way, the company pays the current salary about a month before the contract expires.
They send a letter of intent to renew the labor contract on a lower condition and demand a written reply to the consent within the specified period. If an employee replies by expressing his intention to renew his or her intention, the employee may use it as evidence of unpaid economic compensation.
Meanwhile, in the case of sensitive business management positions, such as accounting and personnel, which were in charge of the company's important activities,
He will not be able to renew himself.In order to end a smooth employment relationship, it is desirable to pay economic compensation.

Discipline, financial compensation not paid.
If the entity is to file a disciplinary action on the basis of Article 39 of the Labor Contract Act, it is not necessary to pay economic compensation. However, there are also frequent cases of dismissal without sufficient evidence or job rules for disciplinary action. In this case, if a labor action is filed and ruled as illegal, the entity shall pay the employee an economic compensation amount equal to twice that of the economic compensation, not an economic compensation amount, (the payment of the economic compensation is not required).

Economic compensation for the dismissal of workers without negligence
In the event of dismissal due to a serious change in the conditions of disease, job defect and objectivity, not to the negligence of the workers, the company may cancel the contract by giving economic compensation plus one month. However, since fruitless layoffs require N+1 compensation and require the implementation of long-term, difficult legal procedures, in most cases, the company persuades staff with relevant evidence and sends them out in a "negotiation-free" manner. At this time, N+1 compensation is basically necessary, and there are cases where a small amount of compensation is added to facilitate negotiations.

Economic compensation on the resignation of labor's reasons for misconduct
In the event that a worker submits his or her resignation unilaterally, lifts the contract, and raises labor claims, the company shall pay economic compensation, citing misconduct by management, such as unpaid social insurance, delayed wages, unpaid overtime expenses, etc. However, since this clause is a new law under the Labor Contract Act, only the number of years of service since January 2008 will be subject to the calculation of economic compensation.
compensation money



China’s economic compensation is quite different in its legal nature from Korea’s severance pay, which has the later nature of wages. In China, the management's obligation to pay the gold shall arise only if it conforms to the statutory reasons stipulated in the law. As the term "economic compensation" in China means, the reason for retirement is not on the part of the labor side, but on the part of the company (release the agreement, lay-off, etc.)

04 Termination of Labor Contracts

Termination of labor contracts is much easier than termination. This is because the contract ends naturally when it expires. However, it is only available for the first fixed contract and at the end of the second fixed contract the user is no longer entitled to terminate the employment. Another problem is that, even when the contract expires, the contract expiration is automatically deferred until the situation expires if the employee is in a special situation, such as a medical device or three female planes.

1. Requirements for termination of labor contracts


Concept of termination 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. In other words, unlike the lifting of a labor contract, neither labor nor management is required to express their opinions, and if 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: if a worker retires, dies, or the company goes bankrupt or is liquidated;

In case the contract cannot be terminated at the time of the contract expiration;
In some cases, the management cannot unilaterally terminate the labor contract unless the negotiation is lifted even if the labor contract expires.
1 If a worker meets the requirements of a non-fixed contract
In case a contract for two consecutive fixed-term labor is signed, and the contract for ten consecutive years of continuous service is reached;
2 In case of special reasons for being restricted from dismissal
a If a special reason for legal protection exists, the termination of the contract shall be automatically postponed until the expiration date of the special reason. There is no need to sign a separate labor contract during the net period.
3 female employees (pregnancy, childbirth, breastfeeding period) and legal medical period due to illness
b Employees with less than five years of service until retirement (no termination of contract until retirement)

[Article 44 of the Labor Contracts Act]
1 In case of a disease or injury, it is allowed to remain in the hospital until the expiration of the legal medical period.
2 For pregnant female employees, the contract expiration is automatic until the infant is 1 year old.
3 If the company has 15 years of service and less than five years of legal retirement, the contract is not terminated until retirement.

Mandatory 30 days prior notice at the end of the contract term - only applicable to some localities
It is a provision that does not exist in the central labor law or contract law. However, some provinces (Daeryeon, Kang So-seong, etc.) were required to give prior notice 30 days by local law before the labor contract law took effect.
In addition, since the Labor Contract Act was not repealed even after its entry into force, companies based there are obliged to choose between giving prior notice 30 days before the expiration of the labor contract, or paying one month of advance notice, and ending the labor relationship early.
Nearly all companies are paying one month's advance notice and ending labor relations early, as normal work is not expected for a month until the expiration of the contract.

[working-level measures]

1 Areas where prior notice is mandatory (Bukgyeong, Gangsoseong, Daeryeon, etc.)
Special reasons such as a disease or pregnancy that limits termination of a contract may arise if the labor relationship continues to be maintained after prior notice 30 days. Therefore, it is recommended to pay an additional one-month notice in advance, sign a transfer agreement, and then take over and retire. Even if the company did not give prior notice for various reasons, the contract will end naturally and the company will have to pay as many days more for violating the prior notice.

[Requirement clause for early termination of contract]
If the labor contract matures on 30 September 2015, it is necessary to insert a clause in the turnover agreement, "For the convenience of sufficient time needed to find new jobs for the room (workers), Eulbang will raise its end of business as of 1 September 2015 and the company agrees to this."
(CAUTIONS)
If the above turnover agreement ends a month early, there is a possibility that the worker will seek illegal dismissal and economic compensation in the future, saying, "It is not the termination of the labor contract but the termination of the labor contract."

2 Areas without prior notification obligation
It is safe to notify you on the date of the expiration of the contract, but it is advisable to notify you by one or two weeks before the termination of the contract, receive a confirmation form, pay the remaining monthly salary and economic compensation, and complete the retirement procedure promptly. It is important to note that too early notice may create special reasons for limiting termination of the contract, such as the submission of a sick person, to delay the termination of the contract.

2. Risk related to termination of labor contract

(1) Termination of the net deferral of the contract

This means that the contract cannot be terminated due to the occurrence of a special reason just before the expiration of the labor contract, and after automatic postponement until the special reason is lost, the labor contract is terminated. However, it is possible to negotiate as much as possible if labor and management agree. The question is how much compensation will be offered as a condition of negotiation.
Especially, for female 3rd grade employees, employment is guaranteed for up to 1 year and 10 months from the time of conception.
Since we have the right to receive a living allowance for four months of maternity leave, we ask for substantial compensation
There is a possibility of doing it. In this case, the company enters into a long-term unpaid leave agreement (social insurance payment terms),
Select appropriate measures, such as lifting negotiations (pay preservation conditions during maternity leave) and job adjustment, to respond
I need it.

[Example] The contract cannot be terminated during the medical period due to illness
K worked for a parent company for three years and is due on Jan. 5, 2008. By the way, K had an accident while traveling to the suburbs on January 1, 2008, which resulted in a amputation of his right leg and three months of treatment. On January 5, 2008, the company notified K that it would not renew the labor contract at the time of the expiration of the contract, but K disagreed, saying that the company could terminate the contract only after the expiration of the medical term.
(Analysis)
In the case of a medical period within the prescribed period of the law, the company cannot terminate the labor contract even if the labor contract expires. Only after the medical device expires can the company terminate the labor contract on a non-executive basis.


(Question) Handling of 3rd term female employees with expired contracts
I would like to inquire about employees who are pregnant, delivered, and breastfeeding among the employees whose contracts have expired. There are departments whose jobs have been transferred to other countries, where several employees are pregnant, delivered and delivered. I know that because I don't have any more work, I don't want to sign any additional contracts at the expiration of the contract, but I can't because of the provisions of the Labor Contract Act. Do I have to make an additional contract at the expiration of the contract or can I not terminate the contract?
(answer)
At the expiration of the contract, but at the 3rd term (pregnancy, birth and breastfeeding) the labor contract is automatically re-enacted until the expiration of the legal protection period (until the infant is one year old). However, since there is nothing to do with your company in the real world, we should try to negotiate a settlement on the condition that you give compensation of economic compensation plus three months of maternity leave. 　

(2) Risk of termination of employment after the expiration of the contract

If the term of the contract has expired but is left unrenewed, a "factual labor relationship" is formed, and if this condition exceeds one month, a payment obligation of double wages is imposed on the user (there is no one month grace period in Beijing). In fact, in the event of labor relations forming, the company shall promptly conclude a written contract to prevent the accumulation of double-wage penalties.
After the expiration of the contract with the worker, ending the labor relations is regarded as a middle-of-the-road solution, and the economic compensation amount is calculated from January 2008 but not from January 2008. For those who entered the company before 2008, the amount of economic compensation will increase significantly.
In addition, if the company disposes of labor relations after the expiration of the contract, it may be deemed as an illegal release and may result in an economic indemnity payment risk. Therefore, it is necessary to choose between termination of employment or signing a renewal contract before the term of the contract expires

[Example] Risk of termination of employment after expiration of contract
J joined the parent company in 2000, the last labor contract was signed on May 1, 2007, and the maturity date was April 30, 2008. By the time the labor contract was due to expire soon, the company had announced that it would no longer renew the contract because it was in bad management and needed to cut jobs. Instead, since J had worked for a long time, he acknowledged his contribution to the company and gave him the opportunity to find a new job for two months without going to work, during which time he paid his wages normally. Two months later, the company gave J half-month economic compensation, and J applied for labor arbitration to calculate the economic compensation based on the total number of years of service after retirement.
(Explain)
Since J has in fact formed a labor relationship with the Company after the expiration of the labor contract, the termination of employment is considered to be a middle-of-the-road termination rather than a termination of the labor contract, so an economic compensation of 7.5 months shall be paid on the basis of the total service life. In this case, terminating employment at the expiration of the labor contract and giving a two-month wage on a per-unit basis would be a way to avoid unnecessary legal risks.


(3) Other precautions at the end of the contract expiration

1 Delivery of a notice to terminate a labor contract
If the company sends a notice of termination at the time of the expiration of the labor contract, but the company refuses to sign the contract, leaving it unattended will not be legally effective. Therefore, EMS should be sent to the place where the labor contract is contracted to be delivered to the place where it is sent, and the EMS delivery card with the name and the document title must be kept.
2 Check if unused date of annual leave exists
If an unused annual leave exists at the time of retirement, a compensation of 200 per cent shall be paid, so the employee who ends the employment shall be notified to use the unused annual leave by a fixed period prior to the notice of termination of employment.
3 Alternative vacation days for extra work (Tuesdays and Sundays.
200 per cent of overtime payment risks are avoided by arranging alternative leave prior to notice of termination of employment.