배움과 공유의 시간

04 Protecting female workers and minors


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

1. Protecting female workers

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

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

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

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

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

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

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

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

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

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

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

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

liability for violating the law

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

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

[Scope of working as a female worker]

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

* 스크린골프의 모든 것

1. 퍼팅거리 계산법 :

1) 1네모칸이 1클럽의미, 1미터이고, 1네모칸은 6컵으로 나눌수 있음.

캐디 음성 : 오른쪽으로 2컵 봤습니다. 오르막 보세요.
방향키를 활용 오른쪽으로 2번 누르고 똑바로 치면 된다.

거리 6.74미터
높이 0.28미터
높이*10=2.8하여 6.7+2.8=9.54미터 치면됨
내리막이면
6.74-2.8=3.94미터를 치면 된다.

9.5미터를 치려면.
방향키 D를 누르면 퍼팅 유도선이 표시됨.

2) 그린 경사도 보는 법 (그린 라이 보는 법)
빨강(오르막), 주황, 노랑, 파란(내리막)
색과 색이 나뉘는 지점이 가장 어려움
오르막 샷이 차라리 쉬움

3) 그린 스피드 계산법
그린스피드, 보통 2.6미터
약간빠름 2.8

일정한 스탠스 넓이
일정한 스위 스피드
일정한 공의 위치

2. 벙커 거리 손실 계산법

1) 그린벙커 -40%로 나타나면
거리 24.25미터(높이 0.37) 라면 40% 거리 손실이니까, 9.75 미터 더해서, 40미터 생각하고 치면 됨.

2) 페어웨이 벙커는 10% 거리 손실
- 벙커 각에 따라 클럽 선택
3) 잠기지 않고 벙커 위에 두면 티 위에 놓은 것과 같은 것이기 때문에, 나오는 거리 대로 치면 된다.

3. 러프 거리 손실 계산법

1) A러프 (도로 안) 10% 거리손실
7번 아이언 120~125미터라면, 10% 거리 손실로 115미터 (그냥 매트에 두면)

러프 매트에 두고 치면, 거리 손실 없이 나간다.

2) B 러프 (카트길 밖) 20% 거리 손실 발생

*** OB와 해저드
Out of bounds : 벌타
코스뷰상
빨간색선 OB(필드에선 흰색말뚝), 벌타 2타 : 세컨샷이 4타가 됨
파란색선 해저드 (필드에선 빨간말뚝) : 벌타 1타 : 세컨샷이 3타가 됨

본인의 드라이버, 우드 거리를 알고, OB와 해저드를 피해서 클럽을 선택한다.
꼭 드라이버를 치지 않아도 된다.

** 바람 방향 보는 법
강한 10, 보통 5, 약한 1미터/S
코스뷰와 바람을 항상 같이 보면서 낙하지점을 생각하여 친다.
(비기너는 약한 바람으로 설정하고 치세요.)
180미터 낙하지점 설정
바람 8미터 정도면, 우측으로 방향키를 조절하여 친다.

* 스크린 골프 시스템 메뉴얼 사용방법
-둘러보기 기능 : 단축키 F2
-순서넘기기 : 단축키 P
-멀리건 : 단축키 F12 (최대 18홀 3번만, 한홀에 한번만 사용)
-음성다시듣기 : 단축키II

* 스크로크 플레이
: 플레이어가 3명이면 18홀 또는 전체의 스코어 합계로 적게 치는 사람이 승자.
이외에 네트워크 플레이, 조인 플레이도 있음.

* Everything in screen golf

1. Putting distance calculation method:

1) 1 Nemokans mean a club, 1 meter, and 1 square can be divided into 6 cups.

Caddy Voice: Two cups to the right. Look at the uphill.
Press the rudder twice to the right and hit it straight.

6.74 meters in distance
0.28 meters high
Height *10=2.8 to 6.7+2.8=9.54 meters
on the decline
You can hit 6.74-2.8=3.94 meters.

To hit 9.5 meters.
Pressing the rudder D displays the putting lead.

2) How to look at the green slope (how to look at the green ray)
Red (orbit), Orange, Yellow, Blue (fallen)
The most difficult point is where colors are divided.
Climbing shot is easier

3) Green speed calculation method
Greenspeed, usually 2.6 meters.
a little fast 2.8

constant stand width
constant switching speed
constant ball position

2. Bunker distance loss calculation method

1) Greenbunker - 40%.
Distance 24.25 meters (0.37 meters) means 40 percent distance loss. Add 9.75 meters and hit it 40 meters.

2) Fairway bunkers lose 10% distance
- Select clubs according to bunker angle
3) Leave it unlocked and on the bunker, and it is the same as it is on the tee, so you can hit it as you come out.

3. Ruff Distance Loss Calculation

1) 10% distance loss for Arups (in road)
If the seven-iron is 120-125 meters, it's a 10 percent distance loss, 115 meters (just put it on the mat.

If you leave it on the rough mat, you'll get out without losing the distance.

2) 20% distance lost on the B rough (outside the cart road)

*** OB and Hazard
Out of bounds : Vulta
Course View Award
Red line OB (white stake in field), Vulta 2: a second shot of 4 strokes
Blue line hazard (red stake in field): Vulta 1 stroke: a second shot becomes 3 strokes.

He knows his driver, Wood Street, and chooses a club to avoid OB and seabed.
You don't have to hit a screwdriver.

** How to Look at the Wind Direction
Strong 10, usually 5, weak 1 meter/S
I always watch the course view and the wind together, thinking of the drop point.
(Beginner set to low wind and hit)
180 metre drop point set
At about 8 meters of wind, turn right and hit the rudder.

* How to use the screen golf system manual
-Looking around: Shortcut F2
-Subscribe: Shortcut key P
-Mulligan: Shortcut key F12 (only 3 times up to 18 holes, only once in a hole)
- Listening to voice: Shortcut Key II

* Skrog play
: If there are three players, the winner will be the one who hits less with 18 holes or the total score.
In addition, there is network play, join play.

***** 1시간 연습비법

1. 연습모드 15분
15분 몸풀기, 짧은 거리부터 연습 시작, 20개 정도 친다.

2. 실전모드
드라이빙 레인지 모드에서 웨지 선택.
20,40,60,80,100순으로 각 10개 정도 친다

3. 세컨드 샷.
필드연습의 니어핀 연습을 선택하면, 공략할 거리를 지정하여 연습 가능하다.

4. 티샷 모드 15분
티샷연습, 1번홀부터 9번홀까지 연습을 한다.

*** 비거리 향상비법

1. 볼스피드와 비거리를 늘리는 방법

가볍게 치면서 볼 스피드를 68, 70, 71 치다가 스피드가 떨어지면 1분~2분 쉬다가 다시 친다.

72 정도로 볼 스피드가 올랐다가, 다시 떨어지게 되면, 다시 1~2분 정도 쉰다. 
볼스피드가 매번 갱신 되도록 하되 하루 3세트씩 일주일만 하라. 휴식이 중요함.

2. 발사각의 교정

발사각은 볼이 출발하는 각도를 말하며, 남자프로는 11도, 여자프로는 13도 된다. 

@ 자신에게 맞는 발사각 찾는 방법

1) 얼라이먼트 스틱을 이용
스틱을 공과 일렬로 맞추고 왼쪽 뒷꿈치 앞에 두고 친다.

발사각이 11도보다 높게 나오면, 스틱을 왼쪽으로 옮겨서(왼발이 왼쪽으로 이동) 몸의 위치를 왼쪽으로 옮겨서 친다.

발사각이 11도보다 낮게 나오면, 스틱을 오른쪽으로 옮겨서(왼발이 오른쪽으로 이동) 몸의 위치를 오른쪽으로 옮겨서 친다.

2) 이상적인 티높이를 본인에 맞게 맞춘다.
티높이를 높이거나 내려서 드라이버 헤드가 공의 타격점과 맞추도록 한다.

***** One-hour practice.

1. Exercise mode 15 minutes
He has 15 minutes to warm up, starts practicing from a short distance, and hits about 20.

2. Practical mode
Select wedge in driving range mode.
In 20, 40, 60, 80, 100.

3. Second shot.
If you select Nearfin Exercise in Field Exercise, you can specify the distance to target and practice.

4. T-Shot Mode 15 Minutes
Practice tee shot, from hole 1 to 9.

*** How to improve distance

1. How to increase the velocity and distance

When you hit a ball speed of 68, 70, and 71 while you hit it lightly, you rest for 1 to 2 minutes and then hit it again.

If the ball speed rises to about 72, then drops again, you rest for 1 to 2 minutes.
Let the ball speed be updated every time, but just do three sets a day for a week. Rest is important.

2. Correcting the angle of launch

The firing angle is the angle at which the ball starts, 11 degrees for men and 13 degrees for women.

@ How to find the right angle for yourself

1) Using an alignment stick
Set the stick in line with the ball and hit it in front of the left heel.

If the firing angle is higher than 11 degrees, move the stick to the left (left foot to the left) and hit the position of the body to the left.

If the firing angle is lower than 11 degrees, move the stick to the right (left foot to the right) and hit it by moving the position of the body to the right.

2) Set ideal tee height to suit yourself.
Raise or lower the tee so that the driver head matches the ball's strike point.

오늘은 어프로치샷에 대해 공부해 봅시다.

흔히 백돌이들이 드라이버, 세컨샷까지는 잘 치다가, 핀이 보이기 시작하는 어프로치샷에서 거리 조절을 실패한다거나, 오버스윙을 하여 그린에 올리지 못하는 경우를 봅니다.

지금부터 어프로치샷의 기초부터 공부해 보도록 하겠습니다.

1. 스탠스 (공은 오른쪽 엄지 발가락)

1) 공의 위치는 오른발 엄지 발가락과 수직으로 둡니다.

2) 왼발은 본인에게 편한 오픈 스탠스를 취합니다.

3) 어프로치 샷은 짧은 거리만 치면 되므로, 클럽을 최대한 짧게 잡고, 정확성에 집중합니다.

4) 그립은 손등이 하늘을 보도록 잡습니다.

   왼손에 90%의 힘을 싣고, 오른손에 10%의 힘을 싣습니다.

5) 체중은 왼발에 실어넣습니다.

   무릎은 살짝만 구부려주는 느낌으로 섭니다.

2. 스윙

1) 스윙은 몸을 좌우로 돌려주는 느낌으로 합니다.

  임팩트를 주지 않고 클럽을 들었다가 내려 놓는 느낌으로 칩니다. 클럽의 무게로 스윙한다는 느낌으로 칩니다.

2) 스윙시 겨드랑이를 몸에 붙이고, 체중이동은 하지 않습니다.

3) 거리별 유의사항

가) 10~20 어프로치.

- 몸을 너무 숙이면 뒤땅이고, 일어서면 탑볼 될 수 있으므로, 몸으로 절대 치지 않습니다.

나) 30~50 어프로치.

- 몸의 무게 중심은 앞에 있으나, 몸을 그대로 유지하여 어깨로 갔다가 어깨로 치는 느낌으로 스윙을 합니다.

다) 40~60 오프로치.

- 시계의 3시 위치 부터 9시 위치까지만 스윙을 합니다.  

  스윙시 코킹해서 엘자모양 나오면. 다운스윙 팔로우할때도 엘자 나오게, 동일한 반경으로 스윙을 한다.

라) 피치샷 유의 점 (30~100미터 공이 떠가는 샷)
1) 스윙시 축이 무너지는 경우 뒷땅이 날 수 있다.
: 스윙시 축을 유지해야 한다.
2) 다운스윙할 때 코킹이 열리지 않도록 손목을 각도를 잘 유지해야 함.
3) 연습시 오른 발을 뺀 상태에서 스윙을 하게 되면 축이 잘 유지되는지 확인할 수 있다.

마) 실수 없는 칩샷(어프로치). 52도.
1) 셋업시 무릎을 타겟쪽으로 구부려서 정확한 타격하도록
2) 선 위치에서 다섯걸음 앞에 티를 꽂고 티를 2~3초간 바라보고
공으로 시선을 돌려 목표를 상상하며 스윙 연습
3) 일정한 템포로 훈련을 하는 것이 중요합니다.

Let's learn about approach shots today.

We often see backdolls hitting the driver, second shot, but failing to control the distance from the approach shot where the pin starts to be seen, or over-swinging it to the green.

Let's start with the basics of approach shots.

1. Stance (ball's right thumb toe)

1) Position the ball perpendicular to the right foot thumb.

2) The left foot takes an open stand that is comfortable for you.

3) The approach shot requires only a short distance, so keep the club as short as possible and focus on accuracy.

4) Grips are held with the back of the hand facing the sky.

Put 90 percent of the force on your left hand and 10 percent on your right hand.

5) Put your weight on your left foot.

Your knee feels like it's bent slightly.

2. Swing

1) Swing feels like turning the body from side to side.

It feels like lifting and dropping the club without giving an impact. It feels like swinging under the weight of a club.

2) When swinging, attach the armpit to the body and do not move the weight.

3) Precautions by distance

A) 10-20 approach.

- Do not hit with the body, as the body is bent too much and can be topballed when you stand up.

B) 30 to 50 approach.

- The center of gravity is in front of you, but you can keep your body in place, go to your shoulder, and swing with a shoulder strike.

A total of 40 to 60 off-

- Swing from the 3 o'clock position to the 9 o'clock position.

When you're on a swing, you'll be coking and el-shaped. Elsa is swinging in the same radius when following down swinging.

D) Peach-shot significance point (shot with ball drifting 30 to 100 meters)
1) If the axis collapses during a swing, the ground in the back may fall.
: The axis must be maintained during swing.
2) Keep the angle of the wrist so that the coking does not open when downswinging.
3) If you take your right foot out of practice and swing, you can check whether the axis is maintained well.

Ma) Chip shot without mistake (approach). 52 degrees.
1) When setting up, bend your knees to the target and hit correctly.
2) Put the tee in front of five steps and watch it for two to three seconds.
Practice swing by imagining goals by turning your eyes to the ball.
3) It is important to train at a constant tempo.

1. 정확한 퍼팅

1) 라인 읽는 법

1) 큰 경사를 먼저 읽어라.
그린을 전체적으로 멀리서 먼저 봐라(숨어 있는 언덕 큰 경사를 체크)

2) 오르막과 내리막을 파악하라.

- 공에 비해 홀컵이 높이 있으면 오르막 : 공이 세게 굴러가 라이를 많이 타지 않게 됨)
- 공에 비해 홀컵이 낮으면 내리막 : 공이 살살 굴러가 라이를 많이 타게 됨)

3) 눈을 감고 발의 감각을 이용하라
왼발에 압력이 느껴지면, 왼쪽이 낮은 거임.

1. Accurate putting

1) How to read a line

1) Read the big slope first.
Look at the green from afar first as a whole (check hidden hill big slope)

2) Identify the ups and downs.

- If the hole cup is higher than the ball, it will go uphill: the ball will roll hard so that the ride won't burn much.)
- If the hole cup is lower than the ball, it goes downhill: The ball rolls slowly and rides more rai.

3) Close your eyes and use the sensation of your feet
If the left foot feels pressure, the left side is low.

strike countermeasures

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Strike

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

1. The status quo of a strike

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

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

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

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


2. Precautions for Strike

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

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

3. Countermeasures for Strike


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

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

[Point of Negotiation]

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

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

a public meeting


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

1. Characteristic of the Society

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

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

2. The establishment of an association

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

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

Precautions for setting up public meetings

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

the statute of limitations in a labor action

(1) General prescription of labor arbitration

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

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

(2) Special prescription of labor arbitration;

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

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

5. Response to a labor dispute

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

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

(2) Handling of labor arbitration

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

(3) Precautions during the handling of labor disputes

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

the statute of limitations in labor proceedings

(1) General prescription of labor arbitration

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

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

(2) Special prescription of labor arbitration;

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

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

5. Response to a labor dispute

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

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

(2) Handling of labor arbitration

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

(3) Precautions during the handling of labor disputes

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