배움과 공유의 시간

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.