배움과 공유의 시간

 Immediate release (execution from disciplinary action)

(1) Overview of disciplinary dismissal

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

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

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

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

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

(2) Types of disciplinary dismissal

1 Strict violation of company employment rules

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

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

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

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

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

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

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

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

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

a double-time job

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