배움과 공유의 시간

(3) Announcement of employee annual leave

Article 18 of the Regulations for Annual Leave clarifies that the Gregorian calendar, or 365 days, is managed as a calculator from January 1 to December 31 every year. Accordingly, the entity uniformly distributes all of its employees on an annual basis (January 1 to December 31), and the employee enters the entity during the year and leaves the entity on an annual basis commensurate with the remaining period (December 31) at the end of the year. While there are two ways to arrange annual leave, entities generally operate a mix of both:

1 The company uniformly complains. It is required to arrange unification of the two to five days in line with the time when the company's production activities such as Spring Festival are suspended, and to set a period of partial periods, such as the peak season, as the period for annual leave use period. The remaining period of use shall be approved by the department manager and used on annual leave according to personal circumstances.
2 Annual leave is granted according to personal application, without a unified In this case, we're going to have to have a staff member.
If the management of the annual use status is not strictly enforced, it is likely to face a demand for unpaid annual leave compensation at the end of the year.

Unification Announcement of Annual Holidays
A Korean factory in Qingdao used legal annual leave around the spring or summer season, or when the factory was free, by uniformly arranging several days off for all employees. However, an employee has demanded compensation for not using his annual leave when resigning. The company arranged the holiday for unification, but lost the labor case because there was no written evidence that it was arranged in the name of the annual leave.
In the event of a unified arrangement of the company, a written document can be created to indicate "No Day of Year Holiday," or "No Day of Year Holiday" on the wage statement, or an employee's signature verification can effectively prevent labor disputes.

3. Compensation without annual leave

Need to pay compensation if sorry for annual leave
Since it is the legal obligation of the company to arrange annual leave, the diarrhea employee did not apply for annual leave unless the employee submitted a written waiver.Even if it does, it should be arranged principally.
A 200 percent compensation obligation will be imposed on companies for unused annual leave. by regulation
It is 300 percent, but it includes a normal wage, which is actually 200 percent.
Meanwhile, the arrangement itself is legally invalid because the in-house rule, or the company’s claim, "because the employee has not applied, is considered automatic abandonment," is itself a violation of relevant laws.

[Basic amount of compensation for unearned annual leave]
In case of compensating for unearned annual leave, the standard of first-class calculation is not the wages of the month, but the unearned.
This is the monthly average monthly salary of 12 months, excluding overtime expenses before the annual leave compensation (performance, allowances, and other benefits).
All bonuses, etc.)

Managing the use of annual leave
The entity should manage its employees’ annual leave to be completed within the year. It is important to note that while unacquired annual leave may be carried forward to the following year with the consent of the principal, it is inevitable to compensate 200 per cent if the end of the year is not over, if the end of the year, reject the consent and demand compensation, or if you retire.
Therefore, employees with an unacquired number of days remaining must be sent a notice of employee annual leave by the end of the year or two using the Employee Annual leave Execution Plan [Sample6-3] to determine the status of their annual leave use before the end of the year, requiring completion, or withdrawal of use within the time designated by the company.

Precautions for additional compound annual leave payment
Some Korean companies follow the Korean-style system, giving them extra annual leave in addition to legal annual leave in terms of benefits. In this case, if the company manages a mix of legal and compound annual leave, a dispute over payment of compensation may arise later. The legal characteristics of both parties are completely different, and since legal annual leave is mandatory for the payment of compensation when unused, the company shall manage the legal and the benefits annual leave strictly separately.

[working-level measures]

1 Regulations permit the use of a compound annual leave after its use has been completed from the legal leave.
The vacation application form identifies whether it is a "court annual leave" or a "benefit annual leave."
Set up a separate column
2 Request confirmation and signature of cumulative continuous service life after confirming that evidence is submitted at the time of employment.
If you have any other work experience at the time of your employment, submit a social insurance payment certificate, etc
Obtain a confirmation signature on the document on your cumulative length of service.
3 Specifications for the effective clause of unused annual leave
Welfare annual leave is not legally required to pay compensation for non-use.
Set a clause in the employment rules that automatically becomes effective when not in use by the end of the year

In case annual leave is wasted early on retirement
When an employee retires, the employee shall not be entitled to a wage deduction for early use if the number of annual leave days available for the year is exhausted. For example, if an employee with a cumulative two-year service life retires after using up to five days of the annual leave of the year at the end of January, the entity cannot deduct that daily allowance for overuse of the employee’s annual leave. Therefore, it is necessary to set up and manage the usage by a certain period, such as half-yearly leave.

Response to unused annual leave upon retirement
In the event of termination or termination of a labor contract with an employee, the employee shall be required to ensure that unused annual leave remains. The calculation formula is as follows, cutting less than one day.

(Number of days remaining in Calendars × 365)휴 Number of days available for annual leave-number of days spent in the current year

[Example] If an employee with a two-year cumulative service life is terminated on March 31, the employee’s unused leave will be zero if the employee has already used one day of annual leave. (90 days ÷ 365 days) 5 5 days 1 days = 0.23 days * Cut according to decimal point law

[working-level measures]

1 Voluntary resignation person
In the event of voluntary resignation, the company notice is in principle 30 days before the resignation, and if the resignation is submitted, it will not be obtained.
at an appropriate time after the end of the annual leave.
take care of retirement
2 Termination of employment at the time of contract expiration
The employee who is due to terminate the contract shall either be required to use the annual leave by checking the number of unearned days in advance or by giving notice of the annual leave plan.
3 Dismissing the Negotiation
When negotiating, the end of labor relations is adjusted to the completion of unused annual leave use.
4 Discipline.
The company does not have an obligation to pay compensation for the annual leave because the disciplinary notice has made it impossible for the management to arrange annual leave due to the employee's negligence.

husband's maternity leave

With the implementation of the "full-blown two-child policy" from January 2016, the maternity leave was cancelled to encourage late marriage. Instead, maternity leave is extended by that number, and the number of days for her husband's maternity care leave has increased more than before. Legally, when two children are born, extended maternity leave and nursing leave are granted on a uniform basis.

maternity leave and nursing leave by region
Local maternity leave husband maternity leave area maternity leave husband maternity leave
Beijing 128th and 15th, Sichuan Province 158th and 15th.
Tianjin 128, 7th, 158th, 15th, 15th.
Shandong Province 158 days, 7 days, 158 days, 15 days, 15 days, 15 days.
Shanghai 128th and 10th, Habukseong 158th and 15th.
Toughness 158 to 15 days, rigidity 128 to 15 days
Gangseo Castle 158th and 15th, 128th and 15th.
Bokgunseong Fortress 158 days - 1980 days - 15 days, Unnamseong 158 days and 30 days
Guangdong Province 128th and 15th, Honam Province 158th and 20th.
Gwangseo Province 148th and 25th, Kilimseong Fortress 158th and 15th.
Hoobukseong Fortress 128th and 15th, Haenamseong 188th and 15th.
Sanshu Castle 158-25, Guju Castle 158-15.
Anhui Province 158 Days and 10 Days (Taji
20 days apart, 158 days, 20 days, different days.
25 Days of Separation)
Ningxia Autonomous Prefecture 158-20th

a four-decorative

In the case of the death of an employee's immediate family (parent, spouse, child) and father-in-law or in-laws, the state-owned enterprise is entitled to one to three days of reinstatement leave (notice on the issue of the General Administration of Labor, the Ministry of Finance's state-owned business direct marriage leave, funeral leave and labor leave).
In the case of foreign-invested companies, they are free to make arrangements without any special regulations, but are usually granted three days of reinstatement leave in accordance with the regulations of state-owned enterprises. The immediate family includes only parents, actors, and children. In other words, only the parents who gave birth to them, the children they gave birth to, fall under the direct line of law. This includes the death of a spouse's parents (mother-in-law, in-laws) as well as the subject of paid funeral leave under the above-mentioned regulations.
The death of one's relatives, such as grandparents and siblings, is not legally mandatory, but most of them are granted paid reinstatement leave of up to one or two days in order to manage the recognition of Chinese social customs.

02 Annual leave

Annual leave has been mandatory since January 2008. We should not mistake China's annual leave system for something similar to Korea. Influenced by the socialist era in the past, the number of annual leave days in China is calculated by summing the number of years of service for all workplaces who have worked since graduation. Therefore, it is important to make sure that the number of annual leave days is fixed by requiring the company to submit reliable evidence such as social insurance payment records at the time of employment. In addition, since China is required to pay 200 percent compensation for the annual leave micromanagement, it is necessary for businesses that employ a large number of workers to regularly check the use of the annual leave.

1. Overview of annual leave

(1) Number of legal annual leave days

The number of annual leave days increases by five every 10 years. The annual leave will be added to the five-day period, with a 10-year and 20-year service. For employees whose cumulative service life in the middle of the year exceeds 10 years and 20 years, each of them is calculated separately and added together (e.g., employees exceeding 10 years as of July 1st: 2.5 days in the first half + 5 days in the second half = 7.5 days in the second half (

Number of legal annual leave days
Accumulated years of continuous service and annual leave
Five days, more than a year, less than 10 years.
10 days after 10 years and less than 20 years.
15 days over 20 years

non-acquisition requirements for annual leave
If the reasons below exist, the employees are not allowed to take annual leave of the year, and if the reasons exist for that year:
If annual leave is used, annual leave for the following year cannot be obtained.
1 If the accumulated number of private vacation days paid normally is 20 days or more;
ᄋ Annual leave is granted even if the deduction for wages is 20 days or more.
2 In case the sick leave period exceeds the maximum limit corresponding to the number of years of service;
ᄋ Employees with more than one year of service and less than 10 years of service: more than two months
ᄋ Employees with ten or more years of service and less than 20 years of service: more than three months
ᄋ Employees with more than 20 years of service: 4 months or more

(2) Starting the annual leave = "continuous" working for more than 12 months

As annual paid leave may be obtained for consecutive months of service, annual leave may be enjoyed commensurate with the remaining calendar period of the year from one year after the company’s entry.
ᄋ If you enter the current job after graduation, you must work for 12 months in a row after entering the company, at which point you can enjoy the annual vacation.
ᄋ go to attend If you join a company, you will be considered a "continuous" service only if you do not have "cut-off" working hours at other workplaces and at the time of your current job, and you will be able to enjoy your annual leave from the 12th consecutive month.
[Example] If you joined the company on July 1, 2015, you can use half of the number of annual leave days from July to the end of 2016 and the end of the year.

Understanding "Continuous Full 12 Months"
In South Korea, the starting date of annual leave is limited to "one year after joining the company." However, it was not limited to more than 12 months of service in China in succession to "the same company." The reason why the company is not limited to this type of business seems to be that there are special situations such as transfer between related companies. Therefore, if there is no special situation, such as transfer between the related companies, and if there is a single break in the working hours between the entire company and this company, it cannot be called "continuous."

[Direct map on the trial of the labor dispute bill by the Shenzhen Intermediate People's Court ]
Article 109 The "Regulations on the Enforcement of Paid annual leave for Enterprises" provided in Article 3 of the Regulations for Corporate Workers’ Compensation and Welfare Service includes the situation of workers’ continuous service in this company for more than 12 months, and also the situation of workers’ continuous service in other companies for more than 12 months. Except in cases where workers are cut off from their jobs at a new company.

(3) Number of days spent on annual leave - "Cumulative" combining the number of years of service at other workplaces

The calculation standard for the number of annual leave days in China is a cumulative period of service, summing up the period of intermittent service not only in this company but also in all workplaces that have worked since graduation. In other words, even if a job is changed, the number of working years for the previous job is calculated and the number of annual leave days is set. Therefore, it is important to note that the burden of annual leave increases as much when hiring people with long company or military experience.

[Confirmation of accumulated service years]
The employee has a burden of proof for his or her years in other companies. When an employee submits data such as "social insurance payment certificate" that certifies the period of service at another workplace, the number of annual leave available each year is calculated according to the company’s review and approval, combined with the "accumulated" years of other jobs.

(4) An arrangement for an annual vacation

The principal interest in annual leave arrangements is in the company, and the company may consider production management conditions first and arrange annual leave on a planned basis by collecting the opinions of employees. For example, the peak season.
can be operated by enacting and promulgating the company’s annual holiday arrangement at the beginning of the year, such as by prohibiting the use of annual leave and using it in off-season or by requiring it to be used in the month of order reduction.
As for the company's annual holiday arrangements, employees must follow unless there is a reasonable reason. If annual leave cannot be arranged to employees in need of the company's business, or the annual leave is carried forward year after year, it shall be done with the consent of the employee himself.
On the other hand, manufacturing companies may use the method of receiving factory documents for all employees and arranging them for the acquisition date of the annual leave of absence or during the spring or the off-season when normal operation is difficult.

2. Practice of annual leave

(1) When to first use an annual vacation

Some experienced employees combined with other companies to meet the "continuous 12 months" requirement.
From that year, annual leave may be required. The company can choose one of the two ways. However, for small and medium-sized enterprises, the use of the method of 1 is recommended. It is unfair to provide annual leave from the year of joining this company by adding up other people's work experience, and even so, the lawbreakers are minor.

1 Granted the right to use annual leave after one year of employment as a whole
Most companies in China stipulate in their employment rules that they enjoy the right to take annual leave when working for 12 months in a row after joining the company. For unified management, the government grants the right to use annual leave commensurate with the remaining days of the year 12 months after entering the company, whether new graduates or experienced workers.
2 If there is no interruption in the social insurance payment period, the employee shall be entitled to use the annual leave from the year in which he or she enters the company.
Some large companies that value compliance with laws and regulations are granted annual leave rights from the year they entered the company, recognizing that they are "continuous" if they have no interruption in their entire work and social insurance payment periods and are more than 12 months in a row. If you join the company within a month of your former retirement, you will have to pay social insurance every month.
[Example] After five years of service to another company, after retiring on June 15, 2015, entered the company on June 30, 2015:
Number of annual leaves x (5 months 개월12 months) = 2 days of annual leave available

(2) Determination of cumulative continuous service life

Since China uses accumulated years of service, including the number of years of service for other companies, as the basis for calculating the number of days of annual leave, it is necessary to confirm the number of years of cumulative service at the time of joining the company and obtain a signature of one's own. If this period is missed, it is likely to cause unnecessary friction with the company, claiming the past working experience of other companies since they were transferred to full-time positions.
When you enter a company without a new graduate, enter the Schedule of Cumulative Continuity Investigation [Sample 2-9] and
Request the submission of relevant evidence (referred to as a rights report if not submitted) and receive the employee's signature.
As a matter of fact, it is desirable to eliminate the possibility of a dispute over a cumulative length of service while in office.
The simplest and most obvious way to verify the cumulative length of service is to find out where the Social Insurance Fund Management Center is located.
It is to check social insurance payment records by entering the website. Continue to pay social insurance
In case of an employee who has been placed under the contract, if you enter his or her social insurance number and ID number, he or she will immediately return to the hospital.
You can search past payment records.

01 Rest and vacation

The company is obliged to provide employees with a reasonable vacation. However, since disorderly abuse of leave affects the normal production management of the company, it is necessary to strictly control and manage the procedures and requirements of the employment rules. Making clear and fair procedures rules in advance, and enforcing them fairly according to the regulations is a way to prevent unnecessary labor disputes.

1. Rest time

the legal definition of working hours
A time when a company does not have free rein in its time due to a cause.
For example, if a person is not engaged in actual nursing activities or driving, such as a nurse or driver, but cannot freely control (use) his or her time due to waiting for work. In other words, the criteria for the entry of labor hours will depend on whether workers can freely use (control) related waiting and break times.

The regulation method of break time during work
In general, manufacturers' production lines often have official breaks of 10 or 20 minutes in the morning, afternoon, and afternoon. There are many companies that exclude this time from working hours and operate the hours for an extended period of time.
The workers may argue that this break, unlike the lunch break, is on standby without leaving the workplace and should be included in the workday as it is intended to meet the physical needs of the body. However, there is still no law in China on whether breaks during working hours are recognized or granted during working hours, and from corporate perspective, meal times, breaks, and tee times can be considered to be free-controlled breaks for workers other than legal hours in principle.
Therefore, it is necessary for an entity to specify the following example in order to prevent the possibility of a labor dispute occurring. If there is no in-house regulation, there is a possibility that the court will make a ruling at its discretion in the event of a labor dispute, taking into account the workers' right to free control and working environment.

[Example] Regulations on Employment Rules for Rest in Work
In case the break is arranged in the middle of the work hours for 20 minutes in the morning and 20 minutes in the afternoon, and the break time is deducted from the work hours.
ᄋ Working hours: 9:00-12:00, 13:00-18:40. Lunch time is 12:00-13:00
During the day on duty, the department avoids intermission during two work sessions, each time for 20
每,,20分

Regulations for the Holiday Time for Lunch
Relevant legal regulations regarding whether meals, breaks, and gymnastics are included in working hours
It does not exist. Because the problem is related to overtime costs, companies are required to preempt employment rules.
It is necessary to define the benefits clearly in .

[Example] Regulations for Holiday Time
(1) Method of stipulating working hours with legal risks
ᄋ Office hours are from 9 to 18 and 12 to 13 of them are from lunch time
[Explain] After defining the working hours as a total of nine hours from nine to eighteen, one of those hours was defined as a luncheon. In this case, a labor lawsuit could be filed asking for the full nine hours of work, saying that the working hours were defined as nine hours, and that they did not actually have a free lunch time by banning them from going out and staying in the factory during the morning hours.
(2) A method of defining working hours without legal risk
1 Working hours: 9:00-12:00,13:00-18:00. Lunch time is 12:00-13:00
2 Labor contracts and employment rules are clearly agreed: "The dinner time is a break, it is not included in the labour time 午餐时间为休息时间, 计入工作时间

2. Weekdays and statutory holidays

(1) Weekdays (high-level days)

China currently has a five-day workweek, so standard working-hour workers can enjoy two days off per week of work, and in China the weekly holidays are treated as "free" (the legal public holiday is "paid.")
Article 38 of the Labor Law stipulates that "companies should guarantee workers at least one day of rest each week." Accordingly, an entity may implement a one-day workweek within the 40-hour-per-week range. In other words, if the average working day is 6 hours and 40 minutes (=40 hours and 6 days), there is no need to pay extra overtime.

[Wage management on six-day workweek]
For companies that distribute services and produce them, it may be necessary to implement a one-day workweek. In this case, 200% of the total work hours added up on Saturdays are added to the "Saturday fixed overtime (周六)" category, which divides some of the wages and replaces them with these items, effectively avoids the risk of overtime costs.

(2) Legal holidays

The "Rules for Annual Holidays and Anniversary Holidays in China" (National Decree No.513) sets an annual legal holiday for 11 days. On legal holidays, working security must pay 300 percent overtime.
1 All Public Holidays: 11 Days.
- Fabric (January 1st)
- Spring Festival (Seotdal Geumeum-Jeongwol 2nd)
- Cheongmyeong Day (Today of the lunar calendar)
- Labor Day (May 1st)
- Danojeol (Music Dano Day)
- Mid-autumn festival (on the day of the Mid-Autumn Festival)
- National Day (October 1-3)
2 Vacation of some common people
- Women's Day (March 8): Women and women have an anti-Japanese holiday.
- Youth Day (May 4): Anti-Japanese holidays for young people over the age of 14.
a leave of absence of three minorities
- Governments in ethnic minority areas can define holiday days according to ethnic customs.

[Some issues of public holidays on father's and young men's occasions]
The Department of Labor and Social Security’s" Reply to Holiday-related Wages for some citizens (No. 18 2000)" provides salary remuneration for the celebratory activities organized by the company and employees who work normally, but not for overtime." The above regulations mean that they do not participate in celebratory activities, and that they are not considered extra work if they are just doing normal work.
On the "38th Day of the Father's Day," a number of Chinese state-owned enterprises are routinely granting anti-Japanese leave. However, in the case of foreign-invested or private Chinese enterprises, anti-Japanese vacations are rare. However, there is a case of distributing simple gift certificates or movie tickets, using public fees to encourage female employees.

3. Vacation

(1) Procedure for approval of an application for leave of absence

Companies should stipulate the screening and approval procedures for their subscription in the employment rules. Management of audit approval at the request price
As a matter of fact, the following are the important points to be clarified in the employment rules.

1 Clarification of the screening approval process for a request
ᄋ stipulate the requirements, qualifications, and qualification rights of each position of the petitioner.

[Example] The procedure and examination approval of a company's vacation application
Job grade vacation application number of days of examination and approval (审批权)
Authorize sector accounting within 2 days (including) of accounting
Audit of sector accounting for more than 2 days  Approving general accounting
Accounting-level or higher - Approving gross accounting

ᄋ Any person who does not go through formalities or leave his or her place of work without approval, or who does not go to work without taking a vacation extension after the vacation has expired, shall be treated as an unauthorized leave.
ᄋ Whether there is insufficient reason for a request, or if there are any problems in the operation, the sector accounting takes into account the situation,
You can either not grant them a vacation, shorten the vacation period, or postpone the application for the vacation itself.

2 Usage of vacation application and registration of personnel department
ᄋ For vacation application, prepare the vacation application form [Sample 6-1] in advance, obtain approval from the supervisor, and send the approved vacation application to the personnel department to register.

3 Mandatory submission of holiday certification data
ᄋ Weddings require a marriage certificate, maternity leave or husband's nursing leave in the hospital, and a copy of death certificate when taking a reinstatement leave.

(2) Types of vacations

1 Private holiday (假)

Since the company has the right to approve private leave, the entity may set up a restriction on private leave in the employment rules. In general, it is common to limit the number of private vacation days per year to "15 days". If the company pays a vacation source in excess of the number of private vacation days set by the employment rules, the company may not approve it, and if the employee ignores it and pushes ahead with the vacation, it may be treated as an unauthorized absence and given corresponding punishment.
Private vacations are free of charge. Since the abuse of private vacations causes disruptions to the company's production and management activities, it is necessary to deduct full-time allowances, including meal allowances and transportation allowances, as well as wage deductions, in order to control the misuse of private vacations. The wage deduction is calculated by multiplying the monthly wage by 21.75 (the number of legal wage calculation days) by the number of days of subscription.
[Example] In case the monthly wage is 1,800th place and the daily wage is 82.76th place and (1800 ÷ 21.75).
82.76 x 5 days = 413.79 WINN OFF when private vacation exists

On the other hand, since annual leave is mandatory in the case of microsurgery, it is necessary for the employment rules to stipulate that personal leave should be used first and then private leave should occur.

2 Wedding leave

With the implementation of the "full-blown two-child policy" from January 2016, the marriage-promoting vacation of late marriage in the era of soloist policy was cancelled. As a result, the number of wedding leave days has been drastically reduced.

02 Kitchen public funds

In the past, state-owned companies distributed homes to employees free of charge in China However, with the implementation of the Kitchen Public Fund System in the late 1990s, the policy was changed from "real distribution" of houses to "funding support" and the Kitchen Public Interest (long-term savings) system, in which the monthly housing purchase funds were set aside at the kitchen public service center at the joint labor-management ratio, was implemented.
Kitchen public funds refer to long-term kitchen public funds, which are set aside at the same rate by businesses and employees so that employees can use them for purchasing, building, renovating, and repairing houses. Under Cabinet Ordinance No. 262, which was promulgated in 1999, the Kitchen Public Funds became a legal obligation.

1. An Overview of the Kitchen Public Expend

Supervision of the payment of kitchen public funds
Unlike social insurance under the management and supervision of the Bureau of Labor, the Kitchen Public Fund is under the control of the Kitchen Public Funds Management Center. Unlike legal social insurance, such as the old and the medical insurance, kitchen public funds are not set aside in the social unification management fund, and are only used for personal housing purposes, so the intensity of law enforcement is relatively weaker than social insurance. In addition, the Kitchen Public Loan Center also has passive supervision activities on the basis of complaint.
If a company does not pay kitchen bills, the employee's remedies are limited. Even if workers apply for arbitration due to kitchen public funds, repairs are denied, and courts do not accept them. Since the inspection team is not included in the inspection team's inspection list, it is impossible to file a complaint with the inspection team. This is because the issue of unpaid kitchen bills is not settled through lawsuits, but is considered to be an issue to be dealt with through the kitchen's public money center in charge of collecting

The Role of the Kitchen Public Deposit Center
The Kitchen Public Funds Center in each province is responsible for the management of the kitchen public funds jointly established by businesses and workers. As an employee, the only remedy is to file a complaint against the company to the management center and request supplemental payment of the kitchen public expense by submitting a labor contract payroll statement. If the Kitchen Public Deposit Center does not move, the accuser may file an administrative suit against the center.
In line with the rise in real estate prices, workers' interest in kitchen public money has increased significantly, raising complaints to the deposit center for unpaid kitchen bills, and some local kitchen public money centers have been stepping up supervision by sending companies fines, notice and reminder letters of compensation payment if complaints are filed and verified.

Meanwhile, as part of its recent "urbanization" policy, the government actively pursues "the settlement of farming and farming industries in cities."
In the meantime, the government has been strengthening its supervision of the company's payment of kitchen bills every day by day. Shanghai, Shenzhen,
Beijing and other cities have promulgated administrative rules for strengthening the management of kitchen public funds or have declared kitchen public funds.
The center has strengthened its supervision function and is actively engaged in the handling of workers' complaints.
The legal risk of unpaid kitchen bills is increasing day by day. So, still the kitchen.
For companies that do not pay public money, kitchen work even from some employees step by step.
It will be necessary to start paying gold.

2. Criteria for the payment of kitchen public funds

Subject to payment
All employees serving in a company will be targeted, and even farmers who spend money abroad will not be discriminated against under the law. However, it should be noted that, in reality, different policies are in place for farmers or for those who have an outside urban household depending on the province. For example, in the case of farmers with severe manpower fluctuations, companies should check the specific payment conditions of the local area at the kitchen public service center in their location, as Beijing and Shanghai are given the option of joining the company membership.
[Bukgyeong, Shanghai] Payment is made to the owners of the estuary and the out-of-the-box city.
Forced by the government, the company is given a choice for those in need of agriculture.

a paid-in rider
1 My monthly wage position for the previous year (total total wage / 12 including bonus, overtime, etc.)
2 Upper and lower limits on the number of days (base) paid for kitchen public funds
ᄋ Upper limit of the flag carrier: Average wage for the previous year in the city x 3 times x 12 percent
ᄋ Lower bound for flag bearer: the minimum wage for the city;
3 When to set and pay the number of new employees in the year
(a) Employees who enter their first job after graduation (no job experience)
From the second month of employment, the company pays kitchen bills and the period of payment is the total wage for the second month.
(b)Employees who have entered the company on a medium-sized loan.
Starting from the day of employment, the kitchen service fee will be paid, and the period of payment will be the total amount of wages in the month of employment.

rate of payment
Typically 5% (the lowest rate in court) to 12% (the highest rate) and the company and its employees pay at the same rate. If a high percentage of payment is reported from the beginning, all employees must sign a written agreement when the reduction adjustment is made later. Therefore, it is necessary to report to the lowest percentage of the area where the kitchen public funds are registered for the first time.

Penalty if kitchen public funds are not paid
If the company does not register the payment of the Kitchen Public Loan, the Kitchen Public Loan Center will press for implementation within the time limit and may impose a fine of 50,000 yuan from 10,000 yuan for executory. In the event that the company does not pay within the time limit or is underpaid, the Kitchen Public Loan Center shall press for due payment and may apply for compulsory execution by the People's Court in the event of non-execution.

Cautions concerning the payment of kitchen public funds
1 Company and employees maintain the same percentage of payments
The payment ratio of the company and its employees must be consistent.
For example, the difference in the rate of payment, such as 10% of employees and 12% of the company, is not recognized.
2 Differentiation payment ratio cannot be applied within the same company
The payment ratio of all employees in the same entity should be the same. For example, payment from an existing employee
The ratio will be 12 percent, and new employees cannot be 10 percent. However, the overall percentage of the workplace is
It is possible to upgrade or downgrade step by step.
3 Payment period can only be adjusted once a year
Most regions are adjusted as of July 1st (based on average wages in the previous year), and the adjustment period is adjusted.
It is valid until June 30 of the following year. Therefore, in the case of new graduates in August of the year,
By the end of June of the following year, the term of payment will be the wages for the month of employment.
4 If an employee does not sign up for a kitchen credit, he or she will sign up for a letter of approval.
Kitchen public funds are legally enforced under the State Council Ordinance, so employees are required to give up their membership.
Even if a confirmation is submitted, it will have no legal effect if an employee is turned back later. Peasant ball,
In the event that foreign expenditure holders do not wish to subscribe to the kitchen public funds on their own, it is not legally valid
In preparation for further investigation by the Center for Kitchen Public Funds, it is recommended that the following consent form be accepted.
do
If an employee requests a separate cash payment as a condition of giving up, and the employee is required to accept the payment as an entity.
In case of a situation, it is required to make up for the public kitchen bills later in the approval form, and to make up the cash.
It shall be accompanied by a provision agreeing to return the amount paid to the Company.

[Approved letter]
After careful consideration, I do not want to pay the kitchen public money. Therefore, I hope the company will not process the kitchen public money for you or deduct the kitchen public expense from your wages. I hereby pledge: I am responsible for all outstanding kitchen bills and I would like to abandon all claims to the company resulting from unpaid kitchen bills.

01 Social insurance

The 5 percent refers to the five major insurances of old-age insurance, medical insurance, unemployment insurance, birth (birth) insurance and fantasy (industrial) insurance. The 5險1 gold was added to the five major insurances plus the public kitchen allowance. China's five major social insurance programs are legal information tests, which are enforced by national laws, as is Korea's. The corporate burden ratio of China's top five insurance plus one kitchen public funds is over 40 percent of wages, which is a significant business pressure factor for companies.

1. Standards for social insurance

Social insurance premium burden ratio
Social insurance premiums are paid separately by users and workers, and the entity has a payment obligation for all five major insurance policies, but the worker has a payment obligation for the remaining three, excluding birth and fantasy insurance. There are common guidelines set in China, but local governments are exercising their discretion in line with the economic conditions of the region, setting specific payment standards.

Standard for payment of social insurance premium

Payment period (基数=base) × payment ratio

1 Rate of payment: Social insurance coverage ratio varies from region to region, so the level of economic income varies.
They allow for adjustment, which varies somewhat depending on region and year of payment.
2 Number of days paid: The standard is to divide the total annual wage of an employee by 12 for the previous year (January-December), but the upper limit becomes the lower limit when the "top limit" is lower than the "lower limit."
The upper and lower limits vary somewhat depending on regional policy, but most regions, including Beijing and Shanghai, set upper and lower limits according to the following rules.
ᄋ Upper limit: Average wage for the previous year in the region x 3 times
ᄋ Lower bound: Average monthly wage for the previous year in the region x 60%

Adjustment of Social Insurance Periods
Social insurance term (基数=Base) is established once a year in most regions. Each city has a period of readjustment and declaration of the social insurance term during the first half of the year. At that time, each employee decides the social insurance term and obtains his/her signature and reports it to the social insurance agency as the social insurance payment period of the year. Once the payment period is confirmed, the social insurance premium shall be calculated and paid on a fixed monthly basis based on the base amount for one year. Even if the salary changes during the year due to diarrhea, higher wages, and promotion, the number of people who have filed a fixed report cannot be changed.
On the other hand, some cities, such as Shenzhen and the Soju Industrial Park, are exceptionally subject to changes in the number of social insurance payments each month. In other words, social insurance premiums are calculated and paid every month based on the total salary of the previous month.

the principle of reporting by social insurance jockey
The social insurance term will be the sum of each employee's total income divided by 12 over the previous 12 months. Horsemen include pre-tax wages, various allowances and various subsidies (work allowance, meal subsidy, telecommunications allowance, etc.) and extra work expenses. However, items that are required to be paid by separate ordinances, such as high-temperature allowances in summer, heating allowances in winter, child-bearing expenses, and sanitary expenses, do not need to be included in the calculation of flag numbers.
In most areas, the term of payment for social insurance is set at the upper and lower limits of 300% of the previous year’s social average wage in the city (40% lower, lower minimum wage, etc.).

[Number of employees who entered the year]
The first month's wages will be the jockey for the year. The new employees' term for the year is...
In case the total amount of salary is specified in the labor contract, the full salary for the month of employment (actual work)
It's not based on the number of days, it's based on the amount paid for one month's work.
Report.

2. Risk of illegal payment of social insurance

In China's local corporation's social insurance premium filing, there are many cases in which the company reports less of the social insurance coverage standard, in addition to the company's cost-reduction and the relief of the employee's personal burden, i.e., in a friendly and well-to-do manner. However, it is important to note that the Social Insurance Act, which significantly strengthened supervision and penalties for unpaid or insufficient payments, went into effect in 2011, thereby increasing the risk.
It should be noted that if an employee is subject to an investigation by the social insurance agency at some point in the future, he or she may be subject to fines and fines for past deficiencies because it benefits from the immediate relief of his or her own personal burden.
In addition, as the young population is shrinking and the population ages, the spending growth rate of the pension fund has been far outpacing the income growth rate, with each province recently greatly strengthening the supervision of corporate social insurance payments. There is a need for more attention from businesses to the normal payment of social insurance.

(1) Risk of unpaid social insurance premiums and insufficient payments

1 Risk of supplemental payments due to crackdown by social insurance organizations
The Social Insurance Organization selects a certain percentage of businesses each year in the material city, investigates the social insurance payment situation, takes supplementary payment measures under the Social Insurance Act, and other risks that are detected upon complaint from employees exist.
In the event that an entity is caught short-payment of social insurance premiums, the social insurance agency shall order supplemental payments and also collect 0.05% (annual interest of 18.25%=0.05 days) per day from the date of non-payment. If the payment is not made after the due date, a fine of 1-3 times the amount outstanding (Social Insurance Act 86).
2 Risk of conflict with employees at retirement
It is highly likely that the company will ask the management to pay back the past portion, since more employees who are registered here and close to the legal retirement age need to be added to receive more pension after retirement. In this case, the supplemental payments are based on the current level of wages and the entity is required to pay up to the amount of overdue payments. In the case of foreign employees, especially foreign companies, the company has saved as much of the company's social insurance premium in the past, so there is a possibility that it will ask for cash compensation from the company and press charges against it if it does not comply.
3 Reasons for unpaid social insurance, risk of employee resignation and economic compensation claim
If the entity does not pay social insurance, the employee may at any time terminate the labour contract and demand payment of the economic compensation (Article 38 of the Labor Contract Act). It is difficult for the company to dismiss any breach of discipline. This is because the employee can select first, and then file a labor arbitration request for resignation and economic compensation.
4 In the event of a fantasy accident, there is a risk of additional compensation for the Mikabun.
If a fantasy accident occurs and is recognized as a fantasy, the compensation items of the fantasy insurance fund will be paid based on the number of people who pay social insurance. For example, if you have paid social insurance based on a wage of 5,000 won and a minimum payment period of 2,000 won, the Fantasy Insurance Fund will reimburse you based on a fantasy insurance ordinance standard based on 2,000 won, in which case the employee affected by the accident will ask the company to compensate you for the difference. Furthermore, in the event of a fantasy accident in the absence of social insurance, the company should take over all the expenses of the Science and Technology Insurance Fund and pay full compensation on the basis of the policy.
5 Risk of compensation by the company in the event of serious illness of employees
If medical expenses are incurred due to a severe disease outbreak, the medical insurance should cover the cost of the hospital.
The company is liable for compensation for the treatment costs. In fact, a few years ago, when an employee contracted leukemia without social insurance at a Korean company, the company paid nearly 200,000 dollars in settlement money to end the labor relationship.

(2) The legal effect of the social insurance waiver document

Labor-management agreements or waiver agreements for avoiding social insurance shall be fundamentally invalid and shall be legally liable for retroactive payments to the three major insurances of nursing, unemployment insurance and medical insurance (excluding public and child insurance, which are retroactively excluded) upon detection by the social insurance organization or based on employee complaint and employment start date.

[working-level measures]

If a person is forced to hire a public figure from a foreign country who is highly flexible in manpower and is reluctant to buy social insurance, he or she must receive a "give-up letter" at the time of joining the company.

1 Requesting the company to give up social insurance under the circumstances of the company, confirmation of signature is required by the company
I'll take it
[Approval] For *** the employee shall demand that the company not pay social insurance, and will not terminate the labor contract at a later date, citing the reasons for the company's unpaid social insurance, and all results shall be borne by him.
因为**** 社,,,自 不
2 When a certain amount of social insurance subsidy is included in the salary (mainly outside the country)
Workers of origin), pay a separate item in the wage statement, and insert the following clause in the approval form. In this case, the government cannot easily bring up the demand for supplemental social insurance payments due to the pressure to return the social insurance subsidy.
[Approval] If a worker asks for a supplementary payment, all social insurance subsidies paid shall be returned accordingly. 如劳动,社
3 The company needs to prepare for unexpected accidents such as workers' illnesses and injuries, and commercial insurance for social insurance defaulters.

2. Personnel Management in the Age of Life Employment

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

(1) Reforming the wage system

See Chapter 8, 01 Performance Shareholder Wage Management

(2) Reforming the high performance system

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

(3) Improving the personnel management system

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

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

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

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

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

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

3. The term of office

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

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

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

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

(2) Separating labor contracts from position contracts

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

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

(3) Operation of Positioning Appointment System

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

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

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

02 Personnel Management in the Age of Life Employment

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

1. Risk of lifetime employment

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

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

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

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

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

2. Control of non-fixed contracts

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

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

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

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

(3) Establishing a fixed contract period rationally

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

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

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

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

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

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

01 Performance stock wage management

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

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

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

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

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

2. Basic Concepts of Multi-Structure Wage System

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

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

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

Set a certain range for the job level

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

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

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

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

(3) Installing variable wage items

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

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

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

4 Securing evidence of consent for job adjustment

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

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

(5) Year-end bonus payment

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

[Example] Retirement employees' year-end bonus claim

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

[working-level measures]

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

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

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

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

1 Legal wage standard during the period of suspension of operation

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

2 Wage payment method by type of worker

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

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

01 Wage management

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

1. Wage formats and calculation standards

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

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

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

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

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

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

Case of calculation of attendance wage

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

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

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

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

Types of production number wage system

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

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

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

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

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

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

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

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

Precautions for implementing the production number wage system

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

2. Minimum wage system

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

items not included in minimum wage

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

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

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

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

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