배움과 공유의 시간

2. Protecting young and young workers

(1) Employment of children under 16 years of age

If child workers are hired illegally, they will be ordered to correct them and fined. In addition, if an accident occurs during illegal employment, the business license may be revoked if the situation is serious.
Since children under the age of 16 are likely to get a job by raising their age by forging their ID cards, a firm confirmation of the authenticity of their ID cards is needed for those who look like child balls.

[No Children's Public Service Regulations]
Article 2 No minors under the age of 16 shall be used.
Article6 In the case of the use of child workers, the labor-related sector shall impose a fine of 5,000천 per month for each child worker.

(2) Underage workers (age 16 - age 18 only)

Employment is possible, but under the Special Protection Regulations for Underage Workers, considerable legal restrictions are imposed on the Labor Department, including the registration of underage employment and annual physical examinations, and the prohibition of dangerous and high-strength work.

[Special protection for young workers]

(1) Responsibilities for regular health examination (Article 6)
The user shall perform a medical examination of underage workers as shown below.
one-work distribution
two years of service
3 At the age of 18, half a year has elapsed from the previous session's health examination.
Contents of Health Diagnosis: According to the items listed on the health examination table of underage workers
(2) Labor sector registration obligations when employing underage workers (Article 9)
When recruiting underage workers, the user must register with the Bureau of Labor located within 30 days of the date of employment. At the time of registration, an adult worker's health checklist, a minor's identification card, a labor contract, etc. shall be submitted, and an adult worker's registration card shall be issued after the examination.

[Labor Labor Security Inspection Ordinance]
Article23 In the case of the following paragraph, the Labor Security Administration shall order correction and shall be calculated and fined on the basis of a standard of not less than 1,000元5000元 per victim.
(7) To underage workers, labor in mine mines, labor in toxic chemicals, and fourth degree physical labor as defined by the state.
In the case of robbery or other work to be avoided.
(8) In case underage workers are not regularly examined.

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.

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.

02 Working hours system

There is a standard working and special working hours system in China, and the special working hours system is again classified as irregular working hours and comprehensive calculating work hours. The most common hiring in our company is the standard workweek system of eight hours a day and 40 hours a week.
The company analyzes its functions well, and in order to control labor costs, it is required to ensure that the jobs that meet the requirements are identified.
In the case of a general calculation work time system, which allows overtime surcharges of 150% even on weekends, or for special duties with no fixed working hours, it is required to control overtime pay by implementing the irregular work system with the permission of the Labor Office.

1. Types of working hours

(1) Standard working hours system

The standard working hours system refers to a work system that assigns a minimum of one day of work per week, eight hours per day, 40 hours per week. It is the most commonly used work system in China. "Standard shift" is understood to mean "Monday-Friday commuting," "eight hours a day" and "two-day weekend breaks" but all three of the following are considered standard working hours and are not recognized as overtime.
1 8 hours of daily work. Eight hours can be located at any time of the day or distributed over several hours.
At least one holiday every week. However, any time in a week is possible (i.e., not weekends)
3 40 hours of non-examination every week.

Precautions for weekend work

One weekday work hours are shortened and in the event of the implementation of the system every Saturday morning (e.g., seven hours a day for five weekdays, five hours a weekday, five hours a week), there is evidence that weekly work hours do not exceed 40 hours in case of weekend overtime claims.
[Action] Record working hours on absenteeism and receive employee's signature at the end of the month
Preservation of evidence is required even if you send them to work on a weekend and arrange a two-day break on a weekday.
Failure to do so could result in a weekend overtime claim dispute.
[Action] Work hours are promised on a labor contract or a holiday that is arranged on a weekly weekday for absenteeism and tardiness records is recorded and an employee's confirmation signature is received at the end of the month.

(2) Special working hours system

In the event that an enterprise cannot implement a standard working hour system (eight hours a day, forty hours a week) according to the characteristics of production or the specific nature of the work, there is a non-regular work system and a comprehensive calculation work hour system (Rules on the Standard for the Assessment of the Employment of the Comprehensive Calculated Working Hours by the Ministry of Labor) in 1994.

1 Non-regular work hours system

The irregular work system refers to a flexible work system in which no hours are set, as a condition of the permission of the Labor Office, if it is not possible to hire a standard time work system according to the special nature of the work type (job). Because there is no need to pay overtime for employees who apply the irregular work schedule, it is an advantageous working-hour system for businesses. However, it is only approved by the Department of Labor when the target is judged to be a job whose commuting time cannot be determined due to the high-level management positions, salesmen, transport jobs and business characteristics.
[Central code - subject to irregular work hours]
1 Depending on the advanced management position, outdoor staff, sales personnel, some on-call staff, and the details of the work, during standard working hours
Other employees who cannot manage according to their needs
2 Long-distance transport workers, taxis, railways, ports, warehouses, and special handling characteristics.
Jobs requiring mobility
3 Due to other production characteristics, special demands for work or the scope of the position, the implementation of the irregular work system is required.
suitable other workers
On the basis of the above central regulations, each local labour bureau establishes and implements separate administrative rules, creating and implementing more detailed standards, so companies applying for irregular work must first check with the local labour bureau.

[Example] Job suitable for the irregular work system as stipulated by the Department of Labor in the Congregational Shaman
1. Advanced management position (the number of employees who sign on the annual salary system of the company's managers and fit on the irregular work system)
2. A full-time driver of a high-level management position; a secretary
3. Out-of-the-box employees
4. Long-distance transportation personnel and escort personnel whose wages and labor are interlinked
5. The load carrying personnel of airports, railroads, ports, warehouses, etc. where wages and labour are interlinked
6. Safety expenses, non-production personnel
7. Other personnel suitable for the implementation of the irregular work system due to production characteristics, special demands for work or positions
(Related regulations) Notice on strengthening work hours management and completing special work hours audit rules

[Applying the irregular work system to senior management positions]
Article 217 of the Chinese Company Law stipulates that the scope of the senior management position is "the general manager, deputy manager, financial officer, secretary of the company's listed company, and the person designated in the articles of association." However, it is necessary to confirm that each region has different criteria for recognition of the high-level management position of the Bureau of Labor.
In the case of Beijing, based on company law, the high-ranking management position is limited to "general accountancy, deputy assistant manager, finance officer and president secretary of a listed company." Diarrhea, designating a department manager as a high-level management position in the company's articles of associationHowever, the application of irregular working hours is not allowed for department managers. In Shanghai, however, the application of the irregular working hours system is recognized if the ministry is designated as a high-level administrative position in the articles of association.

Advanced management can implement irregular work without the approval of the Labor Office
In Beijing, it is the only place in the country where high-level management positions require approval from the Bureau of Labor.
No, the company can directly implement the irregular work hours system for high-level management positions (in the case of Bukkyung).
Article 16 of the Enforcement Rules of the Company's Comprehensive Calculation Working Time System and Working Time System.
In this case, in order to avoid future overtime disputes, the entity shall apply the irregular work system to the advanced management position.
It is necessary to make a clear commitment to the labour contracts

2 Comprehensive calculation work time system

The comprehensive calculation working hours system only applies to workers engaged in special tasks such as transportation, aviation, travel and architecture, and industries subject to seasonal intersections between peak and off-season, and under natural conditions. For example, after two consecutive months of overtime and holiday work during peak seasons, overtime payment is not required unless the total amount of working hours in a given period, such as the month, quarter or year, exceeds the total amount of working hours in a standard working day. If overtime is exceeded, only 1.5 times overtime is paid for the excess time (if working hours are legal holidays, three times overtime is required). To operate the system, it must be approved by the competent Labour Office in advance.

[Central code - subject to comprehensive calculation work time system]
1 Workers who need continuous work due to the special nature of their work among industries such as transportation, rail, postal transfer, river transport, aviation and fisheries
2 Some workers in industries subject to seasonal and natural conditions, such as geological and resource exploration, construction, decontamination, embankment, travel, etc
3 Other workers suitable for the implementation of the comprehensive work hours system

Total amount of working hours per cycle
Basis for Calculating the Total Amount of Labor Hours
20.83 x 8 hours per month = 166.64 hours a month, 250 days of annual workdays 20 12 months = 20.83 days
Quarterly 62.5 x 8 hours = 500 hours of annual workdays 250 days ÷ Fourth quarter = 62.53 days
250 days a year x 8 hours = 2000 hours a year 365 days a year - 104 days total of weekends a year
- 11 days of legal holidays = 250 days

2. Legal requirements for the special working hours

The category of special work hours does not permit voluntary implementation of labor contracts between businesses and workers, and must obtain pre-examination approval procedures for the frequency, target tasks and number of employees before the irregular work system is implemented.
If carried out without permission from the labor sector, it is legally invalid. If a worker raises a labor dispute, there is a lease size that is considered a standard working day and pays back overtime. It should be noted that a certain validity period is set, such as one year, on the state-run labor permit. It is necessary to apply for a renewal from the Bureau of Labor before the expiration of the term of validity

When applying for a special work hour system, it is necessary to sign the consent of the staff.
When applying for a special work system, such as the irregular work system, the application table requires the "public opinion" to be stated, and some local governments require the workers to sign their consent, which makes it difficult to obtain the consent of workers who do not want the special work system, which is penalized for overtime expenses, if they do not sign an agreement in advance.
(Note) In Xiamen, Daryeon, etc., workers' consent is signed on the application form for the irregular work system.
stipulate to be
Therefore, it is necessary to conclude that the Labor Agreement shall apply the irregular work system (or the comprehensive calculation work time system) under the approval conditions of the Labor Bureau when the labor contract is first signed (or signed consent on separate land) to prevent cases in which employees subject to the special work system refuse to sign the agreement at a later.

[working-level measures]

In the event that the company switches to a special work-hour system (in case of irregular work or a comprehensive calculation work-hour system) after obtaining approval from the relevant labor bureau during the period of the labor contract, the special work-hour adjustment relationship shall be stipulated in the labor contract department in advance when the employees of the relevant duties are hired.
"In the event that the work demand requires adjustment to the irregular work system or the comprehensive labor time calculation system in relation to the demand of the Eulbang position through approval of the labor sector, the party shall base its announced adjustment disclosure and agree to execute the Eulbang as it is."

01 Absenteeism and tardiness management

The most basic way for a company to proceed with its management of workers is to require employees to commute on time. If there were no constraints on myopia assessment, employees would be less time-conscious, and if the time-concepts of the organization’s members were loosened, it would inevitably lead to a lack of discipline in the workplace, as well as reduced work efficiency throughout the organization, and waste of time resources.

1. Overview of Absenteeism and Absenteeism

Absenteeism and tardiness management refers to the task of checking, processing and analyzing the attendance status of employees, such as commuting, late attendance, absenteeism, vacation acquisition and overtime work. Absenteeism and tardiness records are the basis for calculating labor compensation and are used as important evidence that must be submitted in court in the event of a labor lawsuit.

(1) Absenteeism and tardiness management method

There are various methods of absenteeism and tardiness inspection as shown below. An entity may choose the appropriate method depending on its business characteristics, size of personnel and job characteristics.
　　 Comparison of typical absenteeism and tardiness methods
Advantages of Absenteeism and Absence of Absenteeism and Absence
Difficulty in falsifying the records of absenteeism and labor disputes, signature requires supervision of the personnel who specialize in evidence capability and is applied to the workplaces of the few employees who are busy with statistics.
Time Recorder High maintenance cost due to the use of time cards applicable to any type of business. Small business establishment with easy proxy check, non-credit card or frequent loss
ID Access Card S/W facilitates statistical aggregation. Large-scale access to or access to a credit card can be conveniently checked.
Frequent card failure and loss situations suitable for work places isolated from outside
Fingerprint recognition check: Difficult to operate false information, convenient check speed for statistical aggregation due to S/W, and possible recognition failure due to weather factors
Mobile phone S/W Checkout outside of work combined with the location measurement function of the smartphone, such as a dependent salesman.

Prevention of Absenteeism of Absenteeism and Absenteeism
The manipulation of absenteeism and tardiness checks is widespread in the labor scene. Time recorders and ID cards are easy to check by proxy, and in the case of fingerprint recognition absenteeism and tardiness, they make silicon fingerprints and make proxy checks to other employees to earn extra money.
To prevent and ensure evidence of such absenteeism and tardiness, the entity needs the following preventive measures.
1 Strict punitive measures against absenteeism are specified in the employment rules.
[Example] Check absenteeism and tardiness cards on behalf of others, or check absenteeism and tardiness cards with others
If consigned (one: written warning, two: contract cancellation)
2 CCTVs are installed around the muscle tone inspection machine to record employee absenteeism and tardiness check activities.

Preparation of monthly absenteeism and tardiness inspection table
Before monthly wages are paid, it is necessary to compile a comprehensive monthly absenteeism and tardiness inspection record of each department's staff, overtime and vacation conditions. The completed summary sheet shall be sent to each department to obtain the employee's signature and pay the wages based on it.
Recently, most companies have been conducting fingerprint or IC card-based absenteeism and tardiness checks. Nevertheless, the records of absenteeism and tardiness that the company submits out of the electronic muscle record system in the event of a labor action are not adopted in the case of a labor action unless the worker acknowledges them because of their operability.
Therefore, it is desirable for electronic absenteeism and tardiness management to produce monthly absenteeism and tardiness record data, prepare the monthly absenteeism and check employee’s signature, and calculate the monthly salary based on that. Evidence that such an employee's signature has been verified is recognized by the court.

(2) Precautions for absenteeism and tardiness management

1 Poor absenteeism and tardiness evaluation directly leads to litigation risk
The Absenteeism and tardiness management system is the basic management work of the company, and the company shall be responsible for proof of the employee's attendance at the company in the event of a labor lawsuit with the employee. For example, disputes such as unauthorized absences from work and unpaid annual leave are all directly or indirectly related to the confirmation of rush hours. In the event of a failure to perform a Absenteeism Assessment or a poor performance, the Company may not submit a valid Absenteeism Assessment record to the court, which will soon lead to the company's defeat.

2 Reasons for absenteeism and absence are required
It is always happening when employees are absent from work due to sick leave and vacation. However, without clarifying the type of absenteeism, there can be disputes over whether they are absent without leave, vacation or vacation. In particular, annual leave should be compensated for double wages when unused, so the company should clearly record the situation of annual leave in the Absenteeism and then obtain employee's signature confirmation every month.

3 Need to confirm worker's signature on monthly absenteeism and tardiness tally sheet
Absenteeism and tardiness aggregate is used as a very important piece of evidence in labor litigation. The most controversial issue in the case is whether the Absenteeism and tardiness tally sheet, which does not have the employee's signature verification, has proven effective. The Absenteeism and tardiness statement, printed through fingerprints and ID cards, is subject to manipulation, so it is difficult to be recognized in law unless signed by an employee and denied by an employee in court. Meanwhile, various written requests, overtime work certificates, and CCTV recording materials installed in front of the muscle check size can be used as supporting evidence in the event of a lawsuit, so keep them safe.

4 Unauthorized implementation of the Special Working Hours System by the Labor Bureau
In the case of positions that implement special work hours, such as irregular or comprehensive work hours, approval from the Labor Office is required. Without the ratification of the Bureau of Labor and by bilateral agreements alone, they could face huge overtime pay lawsuits.

5 Clear definitions of working hours and abnormal work conditions and regulations on punishment are required
The company's absenteeism and tardiness management system includes such matters as the working hours system, the definition of work hours, punishment clauses, work hours arrangement, and overtime application procedures, and legal risks exist if the regulations are ambiguous or not properly enforced.
For manufacturing companies, a clear provision should be made for "work-in-time breaks" to prevent collective demand for overtime costs. Also, the definitions of tardiness, early leave and absence without leave shall be defined and the handling (punishment) shall be specified accordingly.

6 Need to establish an approval system for overtime work
The entity should clarify the review approval process for overtime to prevent circumstances in which employees work overtime for personal reasons and require overtime fees. Only overtime work, which was applied in advance and approved by the supervisor, shall be subject to overtime, and any unauthorized overtime work shall be recognized as voluntary overtime, and the verification procedures for after overtime work, actual overtime hours and the circumstances of completion of the work shall be stipulated.
2. Handle abnormalities at work

(1) Handling of tardiness and early leave

The processing of tardiness and early retirement requires different responses depending on the nature of the industry or the size of the company. For businesses with a large workforce such as manufacturing and distribution businesses, it is desirable to operate a system that requires strict attendance at work, such as overtime pay, cuts overtime pay for those who leave work beyond a certain level, and reduces their corresponding wages by considering it as unauthorized.

[Example of Employment Rules] Definitions of Perception, Early Departure and Handling Regulations
(1) If an employee checks a fingerprinting machine within an hour (including) after the time of work, it shall be considered late.
(2) For reasons other than the need for work, it shall be regarded as an unauthorized leave of work if the employee leaves the place voluntarily before work hours.
(3) If a person exceeds one hour late or leaves work without leave, he or she shall be treated as a half-day without leave (per day.
A deduction of 0.5 times the basic wage), a lateness of more than 4 hours or more (a deduction of 1.5 times the basic wage per day) shall be treated as one day of unauthorised leave of absence (a deduction of 100% of the daily wage) and a deduction of 100% for overtime pay.
(4) If there is more than three accumulated periods of late or early leave each month, the allowance for overtime shall be deducted by 100%.

(2) Handling unauthorized absences from work

Unauthorized absence is an act that seriously destroys the order of work. If the employment rules stipulate that the contract is canceled in a row of zero days, dismissal is possible. However, truancy should satisfy three conditions at the same time, the approval of the 2nd boss of 1 labour and the absence of a valid reason for 3rd Of these, the most important is Section 3, and if there are justifiable reasons, such as accidents or unexpected diseases, the company's dismissal is not recognized as legitimate.
Unauthorized absenteeism does not mean just absence without leave. It is also a form of truism that refuses to adjust the company's legitimate duties, does not go to work in a new position, or does not follow the company's instructions and thus does not take up a designated position. Companies need to set clear rules on what circumstances in the employment rules "are considered to be absent without leave or without leave" and to specify corresponding measures in the employment rules.

[Example of Employment Rules] Defining and Handling Unauthorized Absences
(1) If the following cases apply, consider it an absence without leave and dispose of it without leave.
1 Those who do not pay a request or do not report to work without approval.
Do not apply for an extension of the vacation even though the vacation period has expired, or apply for an extension of the vacation.
a person who does not show up for work despite his unauthorised consent
2 sick leave, person who has rewritten or forged a request certificate;
3 The reason for the request or the person whose certificate does not match the facts
4 Those who do not attend business meetings or company arrangements held by the company without approval
5 Those who disobey the company's job-coordination arrangements due to job-deficiency, fail to take up a new position, or fail to participate in education arranged by the company as a cause of job default
6 Those who do not come to work without permission during the handover period
7 If a person refuses to work without good reason, he or she is considered absent without leave and is absent without leave.
Time is reckoned as the time you refused to work.
8 Adjustment of duties or assignment without obedience to the assignment and without objection in writing,
a person who does not come to the work post at a fixed time.
9 Those who exceed the threshold of being late (1 hour) or who leave school without leave
10 All kinds of absences without proper cause
(2) Handling unauthorized absences from work
1 For half-day without leave, 0.5 times the basic wage per day shall be deducted and 1.5 times the basic wage per day for one day without leave.
Two consecutive days of absence without leave (including) or five days of absence accumulated in the year shall be strictly violated and the labor contract terminated.

3. Working-level measures for sick leave management

Brokers selling fake sick books on the Internet are rampant, and many workers are using them to fake illnesses. There are many measures to prevent abuse of sick leave, but the most effective way of doing so is to reduce the amount of sick leave to the maximum.
The calculation formula for sick wages is not unified across the country and varies from region to region. The two factors that determine sick pay are the wage term 2 payment rate. Of these, how to do the "payment rate" is defined by local legislation in each region, which creates legal risks if a company violates it. However, how to set the "wage term" exists in a flexible way for the enterprise.

Most companies pay based on "basic pay," not ordinary wages. At this time, what turns into a labor dispute is not a short-term sick leave of days or weeks, but a long-term sick leave of more than a month. In this case, a labor dispute may arise with respect to the basis for payment of sick leave wages. Since the generous calculation of sick leave from the perspective of personalization management can lead to the abuse of sick leave due to the lack of Daewoo's regular business trip, the company needs to study ways to reduce the payment of sick leave as much as possible, and it is enough to make up for the difference even if a lawsuit arises from the difference in sick pay, so there is no need to be excessive legal correspondence.

[discussing the number of sick leave calculators in Shanghai court]
In late 2014, let's take a look at the debate on sick leave and overtime calculations in Shanghai City Court.
Discriminatory application standard for sick leave wages and overtime calculation machines
Number of hours paid for sick leave calculation and number of hours spent calculating overtime expenses
In case there is an agreement between labor and management (when the agreement between labor and management is concluded, etc.), the amount agreed upon by both parties shall be included in the same.
* The number of sick pay periods should be 70 percent or more of the normal work wage (the expected income of workers if they report to work normally) as agreed upon by both parties.
* If the agreed normal work wages of both parties are clearly unreasonable, calculate them as 70% of the net income.
In the absence of an agreement between labor and management, in the absence of an arrangement, in the absence of an arrangement, 70 percent of the normal working wage, or in the absence of an agreement, the actual wage standard for the workers is not clear.
(Note) Normal working wage: fixed monthly, excluding overtime or irregular bonuses
wages paid

As shown in the table above, the Shanghai District Court judges that there should be a clear distinction between the number of overtime pay calculations and the number of sick pay calculators that do not provide normal labor (the position that overtime pay should be applied more strictly than the number of sick pay periods).
If a labor-management agreement is made in advance and the amount is not lower than 70 percent of the total wage, the court shall not consider the labor dispute as a violation of the law. Even if there is no agreement, 70 percent of the actual normal wage is the number of sick leave wage calculators, which is not a violation in Shanghai. This is the judicial judgment standard in Shanghai, but other local-based companies may also be able to set up and operate sick wages at an appropriate level.
[Example] If the basic wage (or job pay, including key wage items such as job allowance) is about 70% of the normal monthly wage (excluding overtime expenses), the labor contract clearly states that "the term of the sick pay shall be paid."

Reasons for submitting employee false sick leave
If a worker avoids going to work due to various causes, or if there is a labor dispute with a company, the usual method is to submit a sick person. Reasons for submitting false or over-paved sick leave exist as follows:
ᄋ Suffering from the long-term disadvantages of personal request, personnel performance and year-end bonus, the medical institution submits the number of sick people instead
ᄋ Even though it is a small disease, it is over-paved as a major disease, so long-term rest from illness (especially in third-term women)
ᄋ In the event of a dispute with the company, a long-term sick person is paid to avoid going to work (sometimes aimed at obtaining economic compensation by inducing the company to lay off).
ᄋ Submit sick employees to receive notification of termination of labor contract and to receive medical equipment that cannot be fired for a certain period of time
ᄋ Payment of long-term sick leave and double-occupation with other jobs outside

[working-level measures]

If false sick leave is widespread in-house, it will lead to lax corporate regulations as well as lower productivity and higher labor costs. To prevent this, companies need to create and operate a standardized sick leave management system.

1 Limit of hospital issuing sick leave (most important)
The majority of Chinese companies are required to attach sick leave certificates issued by "the city’s second or current hospitals" or higher when submitting sick leave to employment rules, even those issued by third-grade hospitals. Otherwise, there is a possibility of easily issuing and submitting sick leave certificates through first-class hospitals or clinics in small, poorly managed neighborhoods.
In the case of large-scale factories with thousands of employees, a number of hospitals in the city are designated to submit sick leave certificates for examination. Depending on the size of the city, a designated hospital is also available for large cities. For smaller companies, it is necessary to clearly limit hospitals that issue sick leave certificates to second-class hospitals or medical insurance designated hospitals in cities where they are located.

Hospital Classification Criteria in China
ᄋ Class 1 Hospital (with less than 100 beds): In Korean terms, a health center, a clinic, and a small hospital
ᄋ Second-class hospitals (with a bed count of 101-500): Hospitals that perform comprehensive medical services
ᄋ Class 3 hospitals (501 beds or more): so-called general hospitals, university hospitals, etc.
** Class 3, 2 and 1 hospitals are again rated 3 according to the level in the same water supply.
Class 1 pack/sick/sick/sick/sick/sick

2 It is mandatory to attach relevant evidence to the application for sick leave (most important)
The application for sick leave [Sample 6-2] shall use a prescribed form containing the doctor’s name and telephone number, and shall be available for confirmation if necessary. In addition, for example, sick leave of two days or more is required to attach the medical leave certificate of one hospital to the application for sick leave of one day or more to prevent abuse of sick leave.
Medical registration card, medical record card, medical expenses receipt, etc.

Attachment of evidence shall not be approved for sick leave, but shall be deemed to be a personal request price and treated as unpaid If the company refuses to submit a written request for a sick leave, it shall be treated as an unauthorized leave of absence, send a letter of notice to work in writing, and if it fails to comply with the company's employment rules, the company shall take measures to cancel the contract.
In particular, it is mandatory to issue an official receipt, such as a pharmacy issued by a hospital, when an employee is on sick leave for more than a certain period of time (e.g., more than five days) in order to prevent the employee from repeatedly submitting sick leave or suddenly requiring long-term leave. Since the official receipt is printed on the printer, the company can go to the hospital on the basis of which both the person's name and time exist.

3 Strict procedures for screening of sick leave
Depending on the number of sick days, senior citizens, personnel managers, and even general accounting, the payments are made in stages.
The institution thoroughly checks if the requirement is met when submitting by long-term hospital staff, as it stipulates that the approval procedure is carried out. For example, approval of a department manager who has been on sick leave for three days, approval of personnel affairs for five days or more, and approval of general account for seven days or more.
It is desirable to divide sick leave into two types for the convenience of the entity’s labor management.
(a) within 30 days: short sick leave;
(b) Over 30 days: long sick leave
In case of long-term sick leave, the medical device is also required to be re-examined at the company-designated hospital, if necessary.
Upon written notice, the medical institution shall take measures to terminate the labor contract if the medical institution fails to return even after the expiration of the medical institution.

4 Specify the authority to review sick leave of the company
In China, the issuance of sick leave certificates issued by brokers is common. Therefore, if the company raises reasonable doubts on the sick leave certificate submitted by the employee, the employment rules shall state the right to require the employee to go to the company-designated hospital for a re-examination.
The main targets of the re-examination include the submission of sick leave several times on a weekly or two-week basis, the submission of excessively long-term sick leave (certificate of sick leave for more than one month) or the submission of suspicious sick leave at the time of labor dispute with the company.

5 The employment rules stipulate punishment for false patients
The employment rules stipulate the punishment rules for false diseases, and the corresponding regulations are based on them.
take punitive measures For example, the act of submitting false sick leave is a serious violation of the company's rule system and specifies that labor contracts can be lifted.

6 Rational reduction of sick pay
If medical care is good, income that is not much different from normal business trips is maintained, so it is more likely to happen, such as deliberately submitting a false hospital, making a small bottle into a large bottle, or taking long-term sick leave and holding a concurrent job elsewhere. Therefore, it is desirable to create a wage structure so that the longer the sick leave, the less wage income.

ᄋ By changing the single wage structure of "basic pay + allowance", the proportion of other items is reduced and the resulting variable bonus items are expanded (if there are no existing items, new items are newly created and part of the wage increase is allocated).
Decrease or cancel performance bonus if monthly sick leave exceeds a certain number of days
ᄋ In connection with the annual absenteeism and tardiness situation (the number of days for which the medical leave is extended), the year-end bonus shall be paid by reducing the proportion of the employee with a long period of sick leave to a certain percentage corresponding to the period of sick leave, rather than paying a fixed amount to all employees
ᄋ The employment rules state that if the sick leave period reaches a long period of time, the employee will not be subject to wage hikes. For example, for those who have accumulated more than one month per year, they are not eligible for regular wage increases.

2. Wage for sick leave

(1) Rules for calculation of sick wages

The sick leave consists of two parts: the sick leave wage term and the sick leave wage ratio. During the period of sick leave, the employee does not provide normal labor, so sick wages should be naturally lower than normal wage levels. Therefore, calculate the sick rate by discounting it twice as shown below.

Calculation formula: sick leave wage term (base) × sick leave wage ratio

1 Number of sick leave wage terms: the number of sick leave wage terms, for example, "basic salary," etc.
In the case of a calculation, the number of units (bases) becomes the agreed wage item, not the entire wage. therefore
Focusing on major fixed wage items, excluding allowances, subsidies, and performance benefits, on labor contracts
It is desirable to make an agreement on the number of sick pay periods.
2 The rate of sick pay varies somewhat from region to region, but most regions have a percentage depending on the number of years of service.
be set at a different level The sick leave period will be six months on the alert, and the payment ratio will be lowered.
[Wage for sick leave] = (Number of sick leave wage calculators (基数)2121.75) × rate of sick leave × days of sick leave

(2) Applying the combination of national unification and local rules;

The rules for the payment of sick wages exist throughout the country, and if there are no local rules, the national unification rules will be enforced nationwide.
Only unified rules apply, but if local rules are present, central and local rules are applied at the same time.

1 National Unification Rule - stipulate the minimum minimum wage limit for sick leave only
The minimum wage for sick leave is 80 percent of the minimum wage for the country. That is, sick leave is not an option.
It should be more than 80 percent of the minimum wage.

[A little bit of a question on the enforcement of Labor Law]
Article59 In cases where a worker is in the treatment period due to illness or non-work injury, in the case of a prescribed medical period, the entity shall pay sick leave wages or disease relief expenses in accordance with the relevant regulations, and the sick leave wage or disease relief cost may be lower than the local minimum wage standard, but cannot be lower than 80 per cent of the minimum wage standard.

2 Local rules - specifically stipulate how sick wages are calculated
Various local gender laws stipulating how to set up sick leave wage terms and the rate of sick leave wage rates in each province
As the entity operates (eg wage payment ordinance, etc.) and so on, the entity identifies the relevant rules of location.
need of
Among the local sick leave rules, Beijing is the most favorable to business. In the city of Beijing, one can make an agreement on the number of sick pay periods in labor contracts and execute them by lowering the minimum wage by up to 80 percent, regardless of the high wages of one's own.
The majority of provinces except Beijing have stipulated that sick wages should be paid by multiplying the rate of payment by the length of time and years of service. Therefore, in order to reduce the number of sick pay periods (bases) as much as possible, the government should study ways to curb the level of sick pay by dividing wages into basic pay, performance pay, and allowances, and making arrangements for the period of sick leave pay as basic pay.

(3) Three types of sick leave pay by region

1 Based on the employee's years of service and wages, a certain percentage is paid (injury, reduced intensity, etc.)

This method is based on the draft Tax Regulations for Labor Insurance Regulations (1953), which stipulates that a certain proportion of one’s wages should be paid according to the number of years of service, and the higher the number of years of service, the higher the rate of sick pay. It is important to note that although the large frameworks are similar, they create independent regulations that vary from region to region and apply the criteria differently.

[Case - Injury City]

Number of sick leave wage terms (one discount) 병 rate of sick leave wage (second discount)

(1) First discount rule: Number of days of sick leave wage
The number of sick leave wage calculators can be agreed on the labor contract. The basis for the arrangement of calculation instruments means the predictable income acquired from normal commuting (including one-time or temporary income) and should not be lower than the 70 per cent criterion. If the two parties do not agree on the number of sick leave wage calculators, the calculation period of sick leave wages shall be determined on the basis of the above-mentioned normal commuting wage 70% 70 per cent.
(2) Second discount rule: rate of sick leave wages
The proportion of sick pay depends on the length of the employee's sick leave and the length of his or her years of service. Generally, the longer the period of sick leave and the shorter the service life, the lower the rate of sick leave wage.
Rate of payment of sick leave in case of injury
Percentage of payment in comparison to the number of years of service calculation for the company per sick leave
Within six months...
Disease leave payment
(疾病休假工资) 60% less than 2 years
70 percent in less than two or four years.
Over four years, less than six years, 80 percent.
Over 6 years, less than 8 years, 90%.
100% over 8 years
Over 6 Months--
Disease relief payment
(疾病救济费) 40% less than 1 year
50% less than 3 years over 1 year
60% over 3 years

(3) Upper/lower limit of sick leave wage
ᄋ Upper limit on sick leave wages: Monthly average wage for the previous year in case of injury (15: 5939元)
ᄋ Minimum minimum wage for sick leave: 80% of the minimum wage in case of injury (after the principal burden social insurance, kitchen utilities deduction)

2 Based on employee wages, a certain percentage is paid (Sandongseong, Shenzhen, Seomseoseong, etc.)

A typical model of this approach requires that 70 percent of one’s wages be paid as "bottlenecks" if the period of sick leave is less than six months, and 60 percent of one’s wages as "disease relief" if it is more than six months. In addition to Shandong Province, Shenzhen City and Seomseo Castle are also applying this method. In order to lower the number of "main wages," it is necessary to make a monthly commitment to major fixed items such as "basic pay" in labor contracts and employment rules.
He pays 60% of his wages for sick leave.
Simcheon City Employee Payment Ordinance, December 2004
Seventy percent of the promised wages for labor contracts are paid as sick wages.
Island Business Payment Ordinance, Inc.

3 Payment in accordance with the agreement of labor contract (North Gyeongsang, Kang So-sung, etc.)

The representative model of this method is Beijing and Kang So-sung, which is stipulated to pay sick wages according to the agreement of the labor contract. In other words, it is allowed to make an agreement between labor and management on the labor contract and implement it based on the assumption that the lower limit of sick wages (80 per cent of the minimum wage) stipulated by the national law is complied with.

[Wage payment regulations in the relevant provinces]
Article21 In the period during which a worker is on sick leave due to illness or non-work injury, the user shall pay the sick leave allowance in a lump sum on the basis of the agreement of the labor contract or collective contract. The sick leave paid by the user should not be lower than 80 per cent of the minimum wage standard in this city.
Article27 During the medical period prescribed by the State, sick wages shall be paid according to the provisions of the company's salary distribution system, labor contracts, collective contracts or relevant regulations of the State, and shall not be lower than 80 per cent of the minimum wage of the company's location.

03 Care of sick leave

One of the most complicated and difficult areas of Chinese labor law is the issue of sick leave. In particular, problems such as long-term sick leave due to illness and injury, how to calculate the medical period, and how to pay sick leave wages during the period of sick leave have no clear criteria across China and are operated differently by provinces.
In China, the payment of sick leave wages is mandatory even during the period of sick leave, and it is not possible to lay off the medical plane during the period of employment protection, so there are frequent cases of abuse of sick leave such as false disease and fake illness. Therefore, companies need to take measures to prevent abuse of sick leave.

1. Concepts of medical devices

(1) Understanding medical devices

If an employee is absent from work for reasons unrelated to his or her work, the employee shall apply for sick leave to the company by attaching a doctor's certificate, and the company shall grant" sick leave" if the employee complies with the sick leave conditions. In case of a disease or injury that requires months of long-term care, the company cannot wait until it is fully recovered indefinitely, although an employee may need a period of employment guarantee to be treated with confidence. In order to reconcile these conflicting interests between labor and management, there is an unfamiliar rule for us called "medical period."
Medical devices are not "duration of care," but "enjoying legal rights to care" by employees.
Means the period. During this period, the company cannot unilaterally terminate the labor contract, and the period is
Even if the labor contract expires within the period, the contract expiration date is automatically deferred until the end of the medical period.
However, even during this period, the lifting of disciplinary action due to the negligence of workers (Article 39 of the Labor Contract Act) and
The lifting of the mutual agreement (article 36) is possible.

the difference between sick leave and medical equipment
"Sick leave" and "medical machine" have different personalities. "Sick leave" is the period during which a worker is suspended and treated with the approval of the company, with the approval of the company, the period varies according to the condition, and is a kind of physiological concept. On the other hand, the "medical machine" is a legal concept, and the medical period is a worker.
The period of employment is defined according to the years of service, and the period of employment is protected according to the regulations.

Criteria for setting up medical devices
When an employee ceases to work and receives treatment, he or she is granted medical equipment ranging from three to two to four months depending on the number of years of service (Article 3 of the Regulations for Medical Periods due to Corporate Work Disease or Non-Work Injury) in 1994.

(2) Criteria for setting up medical devices

The length of the medical period depends on the employee's service life. In accordance with the above provisions, common national medical period standards are applied, but in the case of Shanghai, it is important to note that independent medical period regulations are promulgated and independent calculation methods are employed.

1 Common medical device setup across the country

The national common "medical instrument" setup standard stipulates that not only one's own company but also another's service years are combined. 1 The "Tongsan Service Years," including the years of service of the company in which I worked in the past, and 2 The "Medical Machines" are calculated on two axes. Employees' past service years in the company are responsible for proof, and the company does not need to accept claims of years of service that have not been clearly identified by social insurance payment records.

National Commercial Medical Instruments Standards (Shanghai is subject to separate rules)
third-party
Calculation cycle of "Total Service Years" in this company for the legal period of medical care
Less than five years, three months and six months
More than five years, six months, 12 months.
10 years or less, 6 months and 12 months
not more than five years, not more than ten years, nine months, and fifteen months.
For more than 10 years, 15 years, 12 months, 18 months.
18 months and 24 months, 15 years or less.
More than 20 years, 24 months and 30 months.

calculation of medical instruments
If an employee is on sick leave and continues to receive treatment without going to work, the medical device is terminated at the expiration of the applicable medical deadline. However, if the employee is treated repeatedly and is on a regular basis, the medical device calculation is calculated as a cumulative number of sick leave within a given medical device’s computation cycle. In other words, if the legal medical period is three months, the medical instrument calculation cycle is given six months, during which the medical device expires at a time when the accumulated number of sick days reaches three months.

[Method of calculation of medical instruments]
1 Determining the legal medical period based on the number of years of service
2 Determining the "calculation cycle" based on the medical period
3 The accumulated number of sick days within the "calculation cycle" determined in paragraph 2 above confirms the maturity of the medical device.

After the calculation cycle has passed without exceeding the legal period, the acquired "medical instrument" is reset and, in the event of a disease or injury, a new "medical instrument" can be acquired. For example, if a medical care period of three months was granted as a six-month calculation cycle, and the medical care period used as a cumulative period is 2 months and 29 days, and the calculation cycle of the six-month period has elapsed, and the disease and injury occur again at any point since then, again, six-month calculation cycle and within that cycle.
The medical care period is given three months.

[Example] In case sick leave starts on March 1, 2008 and medical equipment is 3 months and calculation cycle is 6 months
ᄋ If you have applied for consecutive sick leave without going to work: medical flight expiry on June 1, 2008
ᄋ If sick leave and rush hours are repeated on a regular basis: The medical period expires on September 1, 2008 when the accumulated time of sick leave exceeds 90 days

extension of medical instruments
For employees with some special diseases (cancer, mental illness, and hemiplegia), it is possible to extend the medical deadline appropriately after 24 months of inactivity and ratification by the corporation and the local labor bureau. However, the company has the right not to approve the agreement, as it only stipulates "possible" on the condition of ratification by the Company and the Bureau of Labor, and is not legally enforced (in the event of "corporate occupational disease or non-commercial injury).
Notice on the Pipeline of the Medical Term Regulations, 劳部发[1995]236].

2 Method of setting the medical period in case of injury (only applicable to companies with materials in case of injury)

The city of Shanghai is employing its own "medical period" calculation method. In the case of Shanghai, it is considered unreasonable to calculate the combined service life of another company and only calculates medical instruments based on the number of years worked by this company (Rules on the Standards of Medical Devices in the event of a disease or non-commercial injury during the period of the performance of the labor contract, 15[2015]).