배움과 공유의 시간

(1) Should an economic reward be paid for resigning based on my opinion?

There is no legal obligation to pay economic compensation when voluntary retirement is due to the workers themselves. However, a written resignation signed by the company must be accepted in preparation for the possibility that the company may ask for economic compensation, saying that it later retired at the request of the company. If an employee submits a letter of resignation to disentangle the working relationship, it shall be stated in the resignation letter that he or she will transfer to the "individual cause".

Economic compensation for careless receipt of resignation
In his transfer, Chang only submitted to employees who did not list the cause of the transfer and resigned.
After that, Chang said, the company did not pay social insurance, so he had to resign from his position as a passive employee due to the company's misconduct.
Claiming to have done so, it raised labor arbitration to demand the payment of economic compensation.
(Analysis)
It is true that the company did not pay social insurance, but the cause of Chang's retirement was society.
He had nothing to do with insurance, but later raised labor arbitration on the pretext of doing so.
If employees do not specify employees when submitting their resignations, use them after retirement
It needs to be noted that compensation can be demanded.

(2) Is there any legal risk when you retire and ask for a retirement certificate as "corporate retirement"?

In China, unemployment insurance is available after retirement, but voluntary resignation is not the case. Tooth
As a result, it is often requested to check the ‘Company’ item on the management’s retirement certificate. If you issue such documents, the employees will be able to receive several months' worth of unemployment insurance, but if they change their minds later on, they did not receive any financial compensation even though they retired on the grounds of the company. Or, they will take the risk of facing labor lawsuits for economic compensation or economic compensation for being forcibly dismissed. In this case, the company's loss rate is 100%, so you should never comply with this.

(3) After resigning from his own position, saying that the company did not provide social insurance, he applied for labor arbitration, which he claimed was due to the company's reasons. Is the company obligated to pay?

The Labor Contract Act imposes an obligation for the payment of economic compensation money on a company for the cause provided by the management if the worker resigns due to the management's misconduct. Workers who want to move to another company anyway can raise labor arbitration to demand economic compensation.
However, in this case, the worker must notify the management by specifying the reason for his resignation in the written resignation and prove the management's corresponding misconduct in the labor arbitration. If a worker issues a letter of resignation stating the cause of personal affairs and subsequently files a labor lawsuit for misconduct, it is unlikely that the employee will be recognized in court because he has already established another cause-based resignation at the time of his resignation, as the worker has refused to notify the management at the time of his resignation.
In general, the most frequent occurrence of a company is the case of a labor lawsuit filed with the company on the grounds that it was submitted to the company by stating the reason for non-subscription of social insurance upon retirement. In this case, even if the employee resigns voluntarily, the worker is entitled to economic compensation (but only from January 2008 because of the newly created provision). Since workers can take advantage of this method at any time when they do not have social insurance, the company should not comply with the request even if the worker does not apply for social insurance upon entering the company. In the event of a decision not to pay social insurance less than this, it is necessary to have a written confirmation that it is voluntary by the workers.

(4) There is a person with a high salary of more than 20,000 yuan in the staff. Should we calculate the full amount of compensation? Is there a cap in the law?
As a socialist country of China, therefore, to prevent excessive disparity in the amount of economic compensation between high and low wage earners, the upper limit of the monthly wage is limited to three times the average wage of the previous year of the city, and the ceiling of the total number of years of benefits, to 12 months. For example, if the average monthly wage for a worker in the previous year is 4,000元, the maximum economic compensation that a wage earner can receive is 12,000元 x 12 months.
In the case of Korean employees hired there, special attention is needed. For example, if you are a Korean earning 20,000 won a month, and if your average social wage here is 4,000 won, then 12,000 won will be the basis for calculating the economic compensation, and you are mistaken for the Korean method of severance pay, a dispute could arise.
Therefore, in the event of a local employment contract, it is advisable to make this clear to the party from the beginning. In addition, if some are received in Korea, for example, it would be a way to avoid unnecessary friction at the time of retirement if some are received from Korea, for which Chinese recipients are counted according to China’s economic compensation scheme, and for which Korean recipients are counted according to the Korean-style severance pay system.

(5) Should the economic compensation be given 20,000元 legally, but can a lawsuit be filed later to reverse it and ask for a difference in consultation with employees?

The employee's wage remuneration and economic compensation are completed in the agreement, and how about between the two parties?
Where the phrase "no dispute exists" is specified, it is legally considered to have disposed of its own rights.
The Supreme People's Court's judicial interpretation (3) issued in September 2010 clearly stated that the agreement between labor and management has legal effect. After the conclusion of the agreement, if the worker subsequently asks for cancellation, the worker shall "verify" that there is a grave misunderstanding or a situation that is remarkably lacking in fairness in the agreement.
In the case of" day-to-day" compensation generally, if the user’s compensation falls far short of the fantasy insurance standard, the agreement itself is often nullified when the worker files a lawsuit. However, agreements on general matters, not fantasy, are legally valid unless workers present "proven" evidence that users inadvertently entered into an unfair agreement through threats or coercion.

(6) What do you need to pay attention to when the worker commits a breach of discipline, but wants to pay only a small amount of economic compensation for lack of evidence and end the employment in the form of "negotiation"?

In the case of the cancellation of negotiations, the company shall pay the legal economic compensation (based on the total service training), as shown in the above example, but in the case of negligence of the workers, the legal risk can be minimized if the company makes a payment in the manner of compensation for consideration after stipulating in the agreement that the company raised the cancellation of negotiations.

[Example] Let's draw up a consultation paper for the cancellation of negotiations
S is an employee of a foreign-invested company, and one day he committed a breach of discipline and his boss was furious and could no longer work with him, and asked the Ministry of Personnel Management to dismiss him. The Ministry of Personnel Management confirmed that S's violation of discipline was not enough to punish and dispose of it, and offered to cancel the negotiations after much consideration. Originally, it was supposed to give 16,000 won in compensation, but it persuaded S that it could not give all of the compensation because it was wrong, and eventually signed a consultation on the dissolution of the merger. The terms of the agreement "are to terminate the contract on a consultation basis, and the entity also pays half the compensation to S."
(Explain)
The contents of the agreement were written against the enterprise. Because of the use of the ambiguous wording of a two-way agreement, if S subsequently requests an additional shortfall, the entity is highly likely to lose. A written agreement must be drawn up with the following raise of the lifting of the negotiations by the workers, so that they can escape from these legal risks. "As S raises the termination of labor contracts, it has reached post-negotiation consultations with the entity, and the entity pays S a small amount of compensation." Because this would result in a situation in which management does not have to give economic compensation, a small amount of compensation would be paid out of consideration by the entity.

(7) At the time of the economic compensation payment, how can we prevent the company from raising labor arbitration in the future?

After receiving full economic compensation from users, it is often the case that the company is harassed by applying for labor arbitration with other issues (such as overtime costs, unused annual leave, etc.).

For small and medium-sized enterprises, it is difficult for the company to fully legalize labor management, so when paying the remaining wages and economic compensation upon retirement, the use of the written form provided below may be used to prevent future labor lawsuits from being filed, provided that "labor compensation has already been settled and no labor disputes exist between the two parties" may be included (non-compunishment).

[Confirmation] Simple transfer certificate
I am relieved of my labor relations with the company because of the cause of the (negotiation) cancellation. of one's own accord
Check the details below. .
1. The two sides will terminate the labor relations by a negotiation match, and the employee labor contract will be terminated after signing this confirmation.
2. After verifying the employees, the company shall pay the employees the economic compensation_____Wien.
3. The labor conservancy etc. has already been settled, and no other dispute exists between the two parties.
因,公,公。
1,商,。。
2, 经员工确认, 元。
3,等,。。


(8) I would like to reconsider a person who has resigned as a volunteer from the company in the past. In this case, is the past service year included in the calculation of economic compensation?

Employees who have worked for the company in the past and who have been sent out without payment of economic compensation should not be re-employed. The Labor Contracts Act stipulated that economic compensation is calculated as the number of years of service for the companies concerned. In other words, it is important to note that it is not a "continuous" service life but a "accumulated" service life. Even if the labor relationship is suspended, the service life is calculated in sum (excluding the period for which economic compensation was paid upon retirement in the past). Therefore, it is necessary to make sure that the recruiter has served in his or her company in the past.

(9) When calculating economic compensation, whether or not the period during which the work stoppage was to be completed;

The average monthly wage standard, which is the basis of economic compensation, is determined based on the 12-month period excluding the period of suspension of operations, i.e. non-normal production conditions. In other words, the period of suspension of operations is not included in the first 12 months of the economic compensation calculation period.

[Regulations on Economic Compensation in the event of labor contract violation and termination (劳部发[1994]481)]
Article11 The wage calculation standard for economic compensation in this Regulation refers to the monthly average wage of 12 months before the termination of a worker's contract under the normal circumstances of production of the enterprise.

(10) How should we interpret the "misunderstanding" and "abnormal" of the legal literature on the calculation of economic compensation?

An accurate understanding of the entry and exit of economic compensation money at the time of calculation is needed. "abnormal" "below" "within" includes the principal and "less than" and "other" does not include the principal. Therefore, if the service life is exactly six months, it is not less than six months, so it is calculated that the service life is equivalent to six months and one month.

2. Implementing labor contract laws and changing payment standards

Economic compensation for the termination of employment due to contract
With the implementation of the Labor Contract Act in January 2008, China's economic compensation payment system was greatly expanded. In other words, in the labor law era until 31 December 2007, there was no obligation to renew the contract and to pay economic compensation when the fixed-term labor contract was due. Companies were able to use it to send out senior employees with higher wages and replace them easily with younger workers with lower wages. The Labor Contract Act provides for a wedge in the short-term employment phenomenon triggered by this, and at the end of the contract, an attempt to terminate the employment (in case of contract renewal), economic compensation.
He imposed a payment obligation
Under the principle of non-payment of laws, the period of application of economic compensation for termination of employment due to contract expiration is January 2008.
Only applicable for service period after 1 day.

High-wage economic compensation - Application of the upper payment ceiling regulation
In order to curb some high-wage earners’ excessive receipt of economic compensation, the Labor Contract Act established the upper limit of the high-wage wage earner (3 times) and the limit of the period (12 months). The cap on economic compensation money existed even in the pre-2008 labor legal age. However, at that time, the 12-month cap on economic compensation was applied in exceptional cases only to some statutory requirements (e.g., the lifting of negotiations, the lifting of non-compliance, etc.).
With the upper limit on economic compensation for high-wage workers, the economic compensation shall be calculated by applying the criteria of the past labor legal age to be transferred from January 2008 to January 2008 and the labor contract law era to the period of service thereafter.

3. Calculation of economic compensation and calculation of the number of years of service


Amount of economic compensation = Monthly wage standard corresponding to the number of service

Calculation Method of Wage Standards
It is based on the monthly average wage divided by 12 for the previous 12 months, which includes total wage income for the last 12 months (including bonuses, bonuses, bonuses and overtime expenses) before the termination or termination of labor contracts. If the work is less than 12 months, the average wage is calculated based on the number of months actually worked. Meanwhile, the last 12 months are assumed to be normal business conditions, such as "cancellation of operations" and, in the case of receiving abnormal wages, the period is excluded from the 12 months.

[Local judicial standards for Shanghai]
The Shanghai court was the only court in the country to make a local judicial interpretation that the calculation of economic compensation is deductible because overtime costs are not "normal wage income." However, in order to avoid unnecessary friction with retired employees, economic compensation is calculated and paid, including overtime expenses, unless special circumstances exist in Shanghai.
(Building) Civil Code Application Questionnaire of the High-Level People's Court in Shanghai (2013-1)--Calculator of Economic Compensation Funds

Restriction of economic compensation for high-wage employees

the upper limit of a sum
If the monthly wage of an employee (12 months average wage) exceeds three times the average monthly wage of an employee in the previous year, the wage standard of the economic compensation paid to that employee is calculated as three times that of the previous year's average wage of the company's property.
two-year limit
In calculating the service life, the number of months corresponding to the service life shall not exceed a maximum of 12 months. Even if a person has worked for 20 months, 12 months will be the legal upper limit.

Calculation of years of service

1 Time of service life
The number of years of service at the time of calculating the economic compensation shall be calculated from the working day at the company. However, the fixed-term labor contract is signed and the employment termination date at the end of the contract is subject to the payment of economic compensation only for the years of service from January 2008 (the new clause of the Labor Contract Act).
It is the case of termination of the contract that requires attention here. Economic compensation paid based on the total number of years of service from the time of employment when the contract is terminated from the previous era of labor law
On the other hand, if a medical period is given due to a worker's illness or non-work injury, this medical period is also counted as a continuous service life.

2 Retired soldiers' years of service
Care should be taken when hiring veterans when the military service training is calculated for the first time since retirement and economic compensation requirements are met for the relocation of the company, the economic compensation shall be calculated for the combined period of the company's service and military service (the opinion on the resettlement of veterans in accordance with the employment unit's labor contract system).
However, because the military service training is only counted on the first company after retirement, if a veteran joins the company after several companies, it does not count on the number of years he or she has received economic compensation in his first job or not. Therefore, it is very important for veterans to check whether they are first-time employees or have other company experience.

3 Employee's years of service from China's joint partner company
Many Chinese companies are transferred to the joint venture after their Chinese counterparts set up joint ventures with Korean companies. In this case, the employee’s years of service in the Chinese company are summed up in the joint venture’s years of service. However, if the employee transferred to the joint venture at the instruction of the Chinese joint partner, the employee has terminated the labor contract with the Chinese company that worked as his doctor and joined the joint venture, the number of years of service shall not be added.

4 Training for employees who have been transferred to related companies
If the company transfers employees to a separate company (new company) without the cause of the employee itself, the old company's years of service are added to the new company's years of service (Article 10 of the Labor Contracts Act).
Many cases involve shutting down companies or certain departments whose management has deteriorated, and transferring related employees to related companies. In this case, the employee’s service life is counted on the employee’s service life, which is a separate entity, if the former employee does not pay the economic compensation. However, if the company does not provide a job security service, if an employee releases a labor contract with the former job at his own discretion, and transfers to a related company, the employee's service life will not be added.

4. Requirements for the payment of economic compensation and the standard of tax payment

Payment upon completion of handover
Economic compensation shall be paid upon completion of the employee's handover of work (Article 50, Clause 1 of the Labor Contract Act). The Labor Contract Act stipulated the timing of payment of economic compensation to the completion of the work handover in order to prevent the failure of workers to take over upon retirement. Therefore, employees who have not completed the handover should be paid after confirming the firm implementation of the transfer, since it is not legally problematic to postpone the payment of the economic compensation.

[Labor Contracts Act]
Article50 Workers shall carry out work handover procedures in accordance with both parties' agreements. If the user is required to provide economic compensation to workers under the relevant provisions of this Act, the payment shall be made upon completion of the work handover process.

lump sum payment
Economic compensation money needs to be paid in batches (Article 2 of the Economic Compensation Rules for violating and lifting labor contracts). However, if labor and management agree on the payment in installments, follow the agreement.

a tax payment on economic compensation
Since economic compensation amounts to employee income, it is subject to taxation of personal income tax. In practice, money is paid in the name of consolation money in addition to economic compensation, which is also subject to taxation of personal income tax. When an entity pays economic compensation to its employees, it is obliged to pay the employee’s personal income tax by proxy deduction, as is the case with the payment of wages (article 8 of the Personal Income Tax Act).

[Personal income tax payment method]

1 Income tax exemption limit
Individual income taxes are exempted for income from economic compensation acquired on a one-time basis, and for the amount less than three times the average annual wage of the previous year on corporate property.
[Example] Tax exemption for Shanghai 2013: 4,692元(a monthly average wage in Shanghai 2012)×12 months
= 56,304元3배=168,912元
2 Calculation of personal income tax on excess of the exemption limit
Economic compensation (including surcharges, etc.) is calculated on the basis of the following principles:
(a) Segments within three times the previous year's average annual wage of a workman in the area shall be deducted from the taxable amount of the personal income tax.
(b) Social insurance and kitchen public funds paid from economic compensation as personal burden shall be deducted from the taxable amount of personal income tax.
(c) Since economic compensation is paid in proportion to the period of service, the wages for several months are considered to have been acquired once, and are calculated on average by dividing them into the number of years of service. Meanwhile, if the number of years of service exceeds 12 years, it is calculated as 12 years.

[Personal income tax calculation formula]
Personal income tax = {economic compensation - 3 times the average annual wage in the area - actual kitchen credit paid - social insurance premium paid]기업의 Corporate service life - personal income tax deduction amount} x applied tax rate - calculation deduction amount] x Company's continuous service life

 Economic Rewards



China’s economic compensation is quite different in its legal nature from Korea’s severance pay, which has the later nature of wages. In China, the management's obligation to pay the gold shall arise only if it conforms to the statutory reasons stipulated in the law. As the term "economic compensation" in China means, the reason for retirement is not on the part of the labor side, but on the part of the company (release the agreement, lay-off, etc.)
Or, if a worker is fired for reasons other than intentional negligence (disease, injury, incapacity for work, etc.) it has the nature of compensation to guarantee basic life during the months of unemployment until reemployment.

1. The nature and payment requirements of economic compensation

Fundamental principle of economic compensation payment
Whether China's economic compensation will be paid depends on whether the company is responsible or not.
If the cause of the labor side, i.e. notwithstanding the company's intention to continue employment, is submitted and quit due to its own reasons, or if the management refuses to offer continued employment at the time of the contract renewal, the management's obligation to pay economic compensation shall be waived.
Since the attempt to retire under the legal age of the workers themselves is considered to be the cause of the workers, there is no need to provide economic compensation unlike in Korea (retirement under the national law, which is subject to monthly pension coverage, exempts companies from economic compensation obligations).
Due to the complexity of China's economic compensation system, it is necessary to grasp the relevant laws accurately, as labor disputes are frequent at the time of retirement, and whether the reason for resignation is on which side or the payment is appropriate.

Economic compensation when the negotiation is cancelled
If a labor contract is terminated through consultation between the company and employees before the expiration of the labor contract period, the payment of the economic compensation money is determined by which party raised the settlement. If the entity proposes to terminate the contract and the worker agrees, the obligation to pay the compensation money arises.
On the other hand, if, for example, due to the conclusion of a mandatory service term agreement, the employee cannot retire at will without the consent of the company, and the company agrees to cancel the contract. In this case, when preparing a labor contract negotiation consultation agreement, the government must insert the words "released by the workers" or submit a letter of resignation to prevent a later case of economic compensation from being filed by the workers.

Economic compensation when resigning as a volunteer
There is no obligation to prevent economic compensation when resigning. However, in the event of a labor dispute, the management must prove that it is a "resource doctor," not a written resignation under a handwritten signature.
Faxes, cell phones, or punctuation employees should never be accepted, and in this case, a written resignation must be required to be submitted in this case.

Economic compensation for the termination of employment due to contract
When the contract expires, the contract is terminated naturally. At this time, if the company does not renew the contract,
Economic compensation shall be calculated and paid for the period of service after January 2008 (labor contract law).
Shin: However, despite the company's announcement of its intention to renew, the workers refused to renewals.
When a labor relationship is terminated, the entity has no obligation to pay economic compensation. However, in this case, later
To avoid conflict, evidence of workers' refusal to renew must be secured.
In a commonly used way, the company pays the current salary about a month before the contract expires.
They send a letter of intent to renew the labor contract on a lower condition and demand a written reply to the consent within the specified period. If an employee replies by expressing his intention to renew his or her intention, the employee may use it as evidence of unpaid economic compensation.
Meanwhile, in the case of sensitive business management positions, such as accounting and personnel, which were in charge of the company's important activities,
He will not be able to renew himself.In order to end a smooth employment relationship, it is desirable to pay economic compensation.

Discipline, financial compensation not paid.
If the entity is to file a disciplinary action on the basis of Article 39 of the Labor Contract Act, it is not necessary to pay economic compensation. However, there are also frequent cases of dismissal without sufficient evidence or job rules for disciplinary action. In this case, if a labor action is filed and ruled as illegal, the entity shall pay the employee an economic compensation amount equal to twice that of the economic compensation, not an economic compensation amount, (the payment of the economic compensation is not required).

Economic compensation for the dismissal of workers without negligence
In the event of dismissal due to a serious change in the conditions of disease, job defect and objectivity, not to the negligence of the workers, the company may cancel the contract by giving economic compensation plus one month. However, since fruitless layoffs require N+1 compensation and require the implementation of long-term, difficult legal procedures, in most cases, the company persuades staff with relevant evidence and sends them out in a "negotiation-free" manner. At this time, N+1 compensation is basically necessary, and there are cases where a small amount of compensation is added to facilitate negotiations.

Economic compensation on the resignation of labor's reasons for misconduct
In the event that a worker submits his or her resignation unilaterally, lifts the contract, and raises labor claims, the company shall pay economic compensation, citing misconduct by management, such as unpaid social insurance, delayed wages, unpaid overtime expenses, etc. However, since this clause is a new law under the Labor Contract Act, only the number of years of service since January 2008 will be subject to the calculation of economic compensation.
compensation money



China’s economic compensation is quite different in its legal nature from Korea’s severance pay, which has the later nature of wages. In China, the management's obligation to pay the gold shall arise only if it conforms to the statutory reasons stipulated in the law. As the term "economic compensation" in China means, the reason for retirement is not on the part of the labor side, but on the part of the company (release the agreement, lay-off, etc.)

04 Termination of Labor Contracts

Termination of labor contracts is much easier than termination. This is because the contract ends naturally when it expires. However, it is only available for the first fixed contract and at the end of the second fixed contract the user is no longer entitled to terminate the employment. Another problem is that, even when the contract expires, the contract expiration is automatically deferred until the situation expires if the employee is in a special situation, such as a medical device or three female planes.

1. Requirements for termination of labor contracts


Concept of termination of labor contract
The termination of a labor contract means that the labor relations formed between users and workers are automatically extinguished by the emergence of legal reasons. In other words, unlike the lifting of a labor contract, neither labor nor management is required to express their opinions, and if legal reasons are met, labor relations are extinguished.
ᄋ Termination of maturity: By fulfilling the contract by the expiration of the contractual term promised in a fixed-term labor contract and not renewing the contract at maturity, this means that the contract is terminated naturally (unapplicable for indefinite-term labor contracts).
ᄋ Court termination: if a worker retires, dies, or the company goes bankrupt or is liquidated;

In case the contract cannot be terminated at the time of the contract expiration;
In some cases, the management cannot unilaterally terminate the labor contract unless the negotiation is lifted even if the labor contract expires.
1 If a worker meets the requirements of a non-fixed contract
In case a contract for two consecutive fixed-term labor is signed, and the contract for ten consecutive years of continuous service is reached;
2 In case of special reasons for being restricted from dismissal
a If a special reason for legal protection exists, the termination of the contract shall be automatically postponed until the expiration date of the special reason. There is no need to sign a separate labor contract during the net period.
3 female employees (pregnancy, childbirth, breastfeeding period) and legal medical period due to illness
b Employees with less than five years of service until retirement (no termination of contract until retirement)

[Article 44 of the Labor Contracts Act]
1 In case of a disease or injury, it is allowed to remain in the hospital until the expiration of the legal medical period.
2 For pregnant female employees, the contract expiration is automatic until the infant is 1 year old.
3 If the company has 15 years of service and less than five years of legal retirement, the contract is not terminated until retirement.

Mandatory 30 days prior notice at the end of the contract term - only applicable to some localities
It is a provision that does not exist in the central labor law or contract law. However, some provinces (Daeryeon, Kang So-seong, etc.) were required to give prior notice 30 days by local law before the labor contract law took effect.
In addition, since the Labor Contract Act was not repealed even after its entry into force, companies based there are obliged to choose between giving prior notice 30 days before the expiration of the labor contract, or paying one month of advance notice, and ending the labor relationship early.
Nearly all companies are paying one month's advance notice and ending labor relations early, as normal work is not expected for a month until the expiration of the contract.

[working-level measures]

1 Areas where prior notice is mandatory (Bukgyeong, Gangsoseong, Daeryeon, etc.)
Special reasons such as a disease or pregnancy that limits termination of a contract may arise if the labor relationship continues to be maintained after prior notice 30 days. Therefore, it is recommended to pay an additional one-month notice in advance, sign a transfer agreement, and then take over and retire. Even if the company did not give prior notice for various reasons, the contract will end naturally and the company will have to pay as many days more for violating the prior notice.

[Requirement clause for early termination of contract]
If the labor contract matures on 30 September 2015, it is necessary to insert a clause in the turnover agreement, "For the convenience of sufficient time needed to find new jobs for the room (workers), Eulbang will raise its end of business as of 1 September 2015 and the company agrees to this."
(CAUTIONS)
If the above turnover agreement ends a month early, there is a possibility that the worker will seek illegal dismissal and economic compensation in the future, saying, "It is not the termination of the labor contract but the termination of the labor contract."

2 Areas without prior notification obligation
It is safe to notify you on the date of the expiration of the contract, but it is advisable to notify you by one or two weeks before the termination of the contract, receive a confirmation form, pay the remaining monthly salary and economic compensation, and complete the retirement procedure promptly. It is important to note that too early notice may create special reasons for limiting termination of the contract, such as the submission of a sick person, to delay the termination of the contract.

2. Risk related to termination of labor contract

(1) Termination of the net deferral of the contract

This means that the contract cannot be terminated due to the occurrence of a special reason just before the expiration of the labor contract, and after automatic postponement until the special reason is lost, the labor contract is terminated. However, it is possible to negotiate as much as possible if labor and management agree. The question is how much compensation will be offered as a condition of negotiation.
Especially, for female 3rd grade employees, employment is guaranteed for up to 1 year and 10 months from the time of conception.
Since we have the right to receive a living allowance for four months of maternity leave, we ask for substantial compensation
There is a possibility of doing it. In this case, the company enters into a long-term unpaid leave agreement (social insurance payment terms),
Select appropriate measures, such as lifting negotiations (pay preservation conditions during maternity leave) and job adjustment, to respond
I need it.

[Example] The contract cannot be terminated during the medical period due to illness
K worked for a parent company for three years and is due on Jan. 5, 2008. By the way, K had an accident while traveling to the suburbs on January 1, 2008, which resulted in a amputation of his right leg and three months of treatment. On January 5, 2008, the company notified K that it would not renew the labor contract at the time of the expiration of the contract, but K disagreed, saying that the company could terminate the contract only after the expiration of the medical term.
(Analysis)
In the case of a medical period within the prescribed period of the law, the company cannot terminate the labor contract even if the labor contract expires. Only after the medical device expires can the company terminate the labor contract on a non-executive basis.


(Question) Handling of 3rd term female employees with expired contracts
I would like to inquire about employees who are pregnant, delivered, and breastfeeding among the employees whose contracts have expired. There are departments whose jobs have been transferred to other countries, where several employees are pregnant, delivered and delivered. I know that because I don't have any more work, I don't want to sign any additional contracts at the expiration of the contract, but I can't because of the provisions of the Labor Contract Act. Do I have to make an additional contract at the expiration of the contract or can I not terminate the contract?
(answer)
At the expiration of the contract, but at the 3rd term (pregnancy, birth and breastfeeding) the labor contract is automatically re-enacted until the expiration of the legal protection period (until the infant is one year old). However, since there is nothing to do with your company in the real world, we should try to negotiate a settlement on the condition that you give compensation of economic compensation plus three months of maternity leave. 　

(2) Risk of termination of employment after the expiration of the contract

If the term of the contract has expired but is left unrenewed, a "factual labor relationship" is formed, and if this condition exceeds one month, a payment obligation of double wages is imposed on the user (there is no one month grace period in Beijing). In fact, in the event of labor relations forming, the company shall promptly conclude a written contract to prevent the accumulation of double-wage penalties.
After the expiration of the contract with the worker, ending the labor relations is regarded as a middle-of-the-road solution, and the economic compensation amount is calculated from January 2008 but not from January 2008. For those who entered the company before 2008, the amount of economic compensation will increase significantly.
In addition, if the company disposes of labor relations after the expiration of the contract, it may be deemed as an illegal release and may result in an economic indemnity payment risk. Therefore, it is necessary to choose between termination of employment or signing a renewal contract before the term of the contract expires

[Example] Risk of termination of employment after expiration of contract
J joined the parent company in 2000, the last labor contract was signed on May 1, 2007, and the maturity date was April 30, 2008. By the time the labor contract was due to expire soon, the company had announced that it would no longer renew the contract because it was in bad management and needed to cut jobs. Instead, since J had worked for a long time, he acknowledged his contribution to the company and gave him the opportunity to find a new job for two months without going to work, during which time he paid his wages normally. Two months later, the company gave J half-month economic compensation, and J applied for labor arbitration to calculate the economic compensation based on the total number of years of service after retirement.
(Explain)
Since J has in fact formed a labor relationship with the Company after the expiration of the labor contract, the termination of employment is considered to be a middle-of-the-road termination rather than a termination of the labor contract, so an economic compensation of 7.5 months shall be paid on the basis of the total service life. In this case, terminating employment at the expiration of the labor contract and giving a two-month wage on a per-unit basis would be a way to avoid unnecessary legal risks.


(3) Other precautions at the end of the contract expiration

1 Delivery of a notice to terminate a labor contract
If the company sends a notice of termination at the time of the expiration of the labor contract, but the company refuses to sign the contract, leaving it unattended will not be legally effective. Therefore, EMS should be sent to the place where the labor contract is contracted to be delivered to the place where it is sent, and the EMS delivery card with the name and the document title must be kept.
2 Check if unused date of annual leave exists
If an unused annual leave exists at the time of retirement, a compensation of 200 per cent shall be paid, so the employee who ends the employment shall be notified to use the unused annual leave by a fixed period prior to the notice of termination of employment.
3 Alternative vacation days for extra work (Tuesdays and Sundays.
200 per cent of overtime payment risks are avoided by arranging alternative leave prior to notice of termination of employment.

3. Terminate medical device terminators

If a worker suffers from an illness or is injured in non-work, fails to report to work normally after the expiration of a legally defined medical device, or is unable to engage in the original work, or is also unable to engage in other work arranged by the company, the company may pay economic compensation plus one month’s severance notice allowance ("N+1") and terminate the labour contract.

Standards for the determination of incapacity of work
In the event of a situation in which an employee is unable to enter the office but is unable to engage in the work, the entity may consider whether to terminate the contract. In this case, the entity cannot determine whether the employee is able to engage in the work, and must be assessed by the Labor Competency Assessment Committee (article 35 on the slight issue of the thorough implementation of the Labor Law). There is a risk that a company considers it impossible for an employee to do his or her job only through appearances without being appraised by the Commission on Labor Ability Test, and that it is considered illegal to terminate a labor contract. In practice, cases that are even audited by the Labor Competency Assessment Committee are very rare, and most are conducted by giving and lifting economic compensation, depending on the inability to report to work after the medical plane is over.

4. Terminating contracts of persons who are not qualified for the job

If a worker is unable to perform his or her duties and is still judged unfit for the job after training or job adjustment, the company may pay economic compensation plus one month’s notice of dismissal ("N+1") and terminate the labor contract.

[Case] Lose due to default of court procedure
J is a technical company, A/S, and due to its negligence in A/S, the amount of returns and customer complaints have been continuously reported. Two months later, the company notified J of the cancellation of the labor contract for the reason of non-compliance. J has thus filed for arbitration, and the company has lost.
(Explain)
The company lost the case because it could not provide evidence that it had gone through such legal procedures, although dismissal was possible only after education or job adjustment, and the decision to fail the job was made again.

Criteria for judging job defects
The criteria for non-compliance of duties stipulate that" the duties agreed upon in the labor contract or the workload of the same job or of the same person cannot be achieved" (Article 26 of the Explanation of the Labor Law). However, the final judgment is delegated to the entity, which requires a fair and objective high performance system. In addition, labor contracts or employment rules should define the criteria for job deficiencies, such as two consecutive high scores of less than 60 points (100 points), etc.

Provide a second chance in either training or job coordination
In the event of dismissal, training or job adjustment must be carried out. Whether an entity conducts education or adjusts its duties, the entity can choose on its own. When selecting an education, it is common to take a few hours or so to satisfy the formal requirements and to get a confirmation of the training.
Since the selection of job adjustments is due to lack of job responsibilities, there is no need to obtain consent from employees, there is no need to change labor contracts, and the company can unilaterally adjust its duties (Article 1 of the Ministry of Labor’s Public Affairs’ Reply to the question of the occurrence of labor disputes between employees and businesses due to the change of position). If the assessment of non-compliance is still made after education or job adjustment, the entity may fire the employees.

30 days' notice or one month's wage payment
Since workers are free from negligence, they are required to pay 30 days' notice of dismissal, or an additional one-month wage. Almost all companies pay one-month wages and immediately lift labor contracts. Because if you enter a medical plane or get pregnant with a disease in that month, you will not be able to fire until the special situation

Procedure for dismissal of the reason for non-commissioned job
In the event of a labor dispute, users are liable to prove the legality of their dismissal, and it is very rare in practice for them to actually take such procedures and fire, except for those with clear sales positions, because there is a high possibility of losing if there is a clear set of assessment criteria, evidence of job defect and any defect in the implementation of the court procedure (usually in the form of a negotiation).
1 Unsustainable situation of the current task
Evidence is needed that the work agreed to in the labour contract has not been completed or that the work force of the same task has been significantly underperformed. This requires the completion of explicit and objective standards of high performance in labor contracts or employment rules.
(e.g. in case of a sales position, the sales amount of 100,000元 per month is not met, considered unfit for duty.
It is necessary to preserve evidence related to performance outcome, or job defect, such as work duties determined by the company or data related to the incomplete workload (employee verification required)
2 Progress in education or job adjustment for workers
Job deficiencies can be caused by problems in the work environment rather than by one's own ability.
The law stipulates that one more opportunity is given through education or job adjustments. Education
Education records, employee education registration tables, education reports, or post-education examination papers,
It is necessary to preserve evidence such as education's contents.
3 Judging that he is still unfit for the job after training or job adjustment
Demonstrate that they still fail to complete their duties or workload even after training or job adjustment.
relevant evidence is needed to do Usually, the outcome is proof.
4 Completion of labor contract cancellation notice and preservation of evidence to the person

Practical measures to dismiss employees who are not qualified for the job

[Question] Method of firing a person who is not in the position
One of the employees is not capable of doing his job, so we are going to give him/her economic compensation this time (no negligence by the person to be dismissed). What would be the problem if such incompetent staff were to be organized, the economic compensation plus one month’s worth of layoffs?

There is a clause in the Labor Contract Act that allows for the temporary dismissal of a worker without a job, but in reality, using this provision to fire him requires a very complicated process over a long period of time, as described above. In reality, it is difficult for small and medium-sized companies to take the procedures prescribed by the law, either on time or on evidence. Therefore, in this case, it is realistic to use the company as a bargaining chip with objective data related to poor performance and to take a "negotiate-off" approach under the N+1 condition, putting pressure on the company to exercise its job-coordinating card in the event of non-compliance.

5. Contract cancellation based on the reason for the significant change in objective circumstances


In the event that a significant change occurs in the objective circumstances that were based on the signing of the labor contract, the user may cancel the labor contract under the terms of N+1, and negotiations on the change of the labor contract cannot be made even though the labor-management agreement has been reached.

an interpretation of a significant change in the objective situation
Companies should secure evidence of changes in objective circumstances that would no longer be able to implement labor contracts such as corporate transfers, closures of stores and M&As. While there is nothing wrong with external objective factors, it is debatable whether they belong to a significant change in the objective situation when job cuts are needed in accordance with the closure of certain departments within the company, or reorganization of the company’s.
Legally and strictly, this can be seen as a subjective judgment of the company’s management class rather than a change in objective circumstances. However, in a situation where the business environment is radically changing, it cannot be tied to the legal profession alone. For example, because the cancellation of a business item may be recognized at the discretion of the judge if there is a reasonable and sufficient reason for the department to be shut down altogether, the company needs to try to adjust its duties and negotiate on the basis of Article 40(3) of the Labor Contract Act, and take action to terminate the contract if it fails to reach a settlement.

[The Labor Ministry's explanation of the "labor law"] ( 해석1994 [No. 289)]]
Article26 The "observation situation" of this clause shall be such that it is impossible to enforce the terms of all or part of a labor contract.
This refers to, for example, other circumstances that make it impossible, such as the transfer of an entity, the consolidation of an entity’s absorption, or the transfer of an entity’s assets.

[working-level measures]

1 Collection and presentation of data demonstrating significant changes in objective situations
As to what is a "significant change in the objective situation" that would make it impossible to implement labor contracts, labor laws do not have a clear interpretation. In the event of a labor action, the enterprise shall be liable for proof of "significant changes in the objective situation" and it is difficult to obtain the support of the judge for reasons that go beyond rationality or that are sub-approval.
2 Conduct negotiations with workers on the change of labor contract
The company needs a consultation process regarding the change of labor contracts with workers. The labor contract’s negotiation change notice [Sample10-12], which takes into account objective changes in the situation, is sent to the workers, and the workers are required to respond within a certain time frame, leaving evidence that the consultation was carried out. If such a court procedure is not followed properly and the contract is unilaterally terminated, it is considered an illegal dismissal and a double-time economic compensation payment risk occurs.

[Labor Contracts Act]
Article40 In the case below, the contract may be terminated after written notice 30 days in advance, or after payment of one month's wages.
(3) In case a significant change in the objective situation that was based on the signing of a labor contract prevents the user from fulfilling the original labor contract, it is not possible to reach an agreement on the change in the contents of the labor contract even though the employee has consulted;

A change in the organizational structure of the company is not recognized as a significant change in the objective situation
L joined a foreign-invested company and successfully served as the sales manager, but the deteriorating market conditions forced the company to restructure its operations, and the senior L was relieved of its labor contract in the process, citing "significant changes in the objective situation." L filed for labor arbitration, and the company lost.
(Explain)
Significant changes in objective circumstances generally refer to situations in which a company cannot continue to fulfil labor contracts, such as production conversion, distance transfer, technology modification, mergers, and spin-offs, and, in the case of changes in management strategy, is not part of this category because it is adjustable to other departments.

[Case of victory]
The relocation of the factory is recognized as a major change.
L is a front-line official in the factory production department and has signed a five-year labor contract. However, under the local government's natural heritage protection policy, the factory was forced to relocate from A to B, and only the sales department remained at A. The company had hoped to go to the city of B and continue its original work, but the two sides failed to reach an agreement even though negotiations were underway, as L did not back down from its position of staying at A. The entity decided to terminate the labor contract on one-sided basis, and L rejected it and applied for labor, but the company won the case.
(Explain)
The objective situation that was based on the conclusion of the labor contract, as it was inevitable to relocate according to the government's policy.
A major change in can be seen as a typical example of a failure to continue to fulfil a labor contract.
In addition, the company negotiated with Hong Gil-dong on the change of labor contract, but they agreed.
Because it could not be, it can be seen that the lifting of a company's labor contract is in accordance with the law.

 Immediate release (execution from disciplinary action)

(1) Overview of disciplinary dismissal

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

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

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

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

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

(2) Types of disciplinary dismissal

1 Strict violation of company employment rules

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

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

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

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

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

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

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

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

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

a double-time job

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

 Reduced staff

With the rapidly changing business environment, companies need a flexible employment system day by day, but the labor contract law imposed many legal restrictions on job cuts. Article 41 of the Labor Contract Act stipulated the process of job cuts for economic reasons, but the process, such as reporting it to the Labor Bureau, is almost difficult to make actual use of them. In the end, the government will have no choice but to phase out layoffs in a soft manner, such as the lifting of negotiations and voluntary resignation.

1. Legal process of layoff

Reasons for job cuts
The reason for restructuring is due to financial difficulties, and if there are more than 20 job cuts or less than 10 percent of all employees, they can be reduced (Article 41 of the Labor Contract Act). In this case, the number of employees can be reduced up to 30 days before an open meeting or an entire workman, after listening to the opinions of the people or workmen, and after reporting and registering the personnel reduction plan with the

Bureau of Labor.
1 When a company is regenerated in accordance with the provisions of the Corporate Bankruptcy Act;
2 In case of significant difficulties in production management
3 In case labor is still needed after changes in work contract due to the company's production conversion, significant innovation in management method, and adjustment;

There are three types of legal layoffs, but in practice the commonly used cuts are "important for production management." However, this should not be judged by the companies themselves, but by the standards of the local labor bureau. For example, the city of Beijing interprets "significant difficulties" as follows:
1 Faced with bankruptcy, the court declared that it had entered a corporate regeneration period.
2 An annual increase in the deficit for the third consecutive year will result in a debt overrun, 80 per cent of employees waiting and six consecutive months of inability to pay the minimum cost of living (Article 3 of the Corporate Economic Savings Regulations).

the process of legal curtailment
The following procedure is carried out for personnel reduction (regulation on the cause of corporate economic reduction in Beijing).
1 Up to 30 days ago, all public or employees are informed of the situation and are provided with data on the production management situation.
2 Submit a reduction plan, such as staff reduction and time to implement the reduction
3 Adjustments are made after listening to the opinions of the people or all employees regarding the reduction plan.
4 Report the opinions of employees, public institutions or all employees to the Ministry of Labor and listen to the opinions of the relevant Labor Office.
5 The medical institution formally promulgate the job reduction plan, carries out procedures for terminating work contracts with the staff who have been reduced, pays economic compensation, and issues a certificate of termination of work contracts.

the number of people who are not allowed to cut jobs.
The following numbers belong to the number of people banned from job cuts (Beijing's corporate and economic job cuts regulations).
1 In case labor capacity is lost or partially lost due to disease or non-operation injury;
2 Patient is within the medical period prescribed by disease or non-surgical injury
3 Women's 3rd term (pregnancy, childbirth, breastfeeding)
For male workers aged 50 and over and for female workers aged 45 and over,
If both are in the same company, only one can be cut.

a treasury report
Corporate job cuts should be reported to the Bureau of Labor. The Personnel and Social Security Administration, issued by the Shanghai Bureau of Labor in January 2009, sets out how to report and submit documents on corporate job cuts. According to the report, the ministry is required to submit a report on the job cuts to the labor ministry "in accordance with the opinion of its staff members or public hearings on job cuts."
Unless documents are submitted, the Labor Department's corporate job-cut report will not be repaired. In other words, Article 41 of the Labor Contract Act states that it is difficult for an entity to implement a reduction without the cooperation of employees, so only if it requires a large number of workers at a large factory at once.

2. Soft Workforce Reduction Scheme

The choice as a foreign-invested company facing management difficulties is a difficult way to make, as it takes a month to follow the court-martial notice 2 public notice and consultation 3 labor bureau approval and takes considerable time to complete the whole process. Under these circumstances, most companies are not "judicial job cuts" that cut large numbers of people in a single day in accordance with court procedures, but rather some sort of "hope."
It is taking a soft cut in the form of "retirement," i.e. "negotiation cancellation," not the "court cut" process.

Even with a soft job cut plan, if the plan is officially announced and job cuts are carried out on a daily basis, it is highly likely to worsen the atmosphere at work and trigger collective action by employees. Therefore, it is necessary to reduce manpower as much as possible in various ways over a long period of time and to divide and implement them in stages.
The problem is that employees with two or less years of service often resign voluntarily when their working conditions, such as wages, are reduced. Senior employees with more than three years of service tend to stay away from their jobs even if they are suspended because of high expectations for economic compensation.

Step-by-step soft job cuts (example)

1 Reducing wage income leads to retirement
ᄋ Reduce or suspend overtime hours to induce cuts in overtime income
ᄋ Freezing wage increases and suspending bonus payments
ᄋ Suspend the payment of unpaid allowances, subsidies, etc. in labor contracts and cut various welfare expenses
ᄋ Lower overall wage level through agreement with employees
- Wages promised in labor contracts should not be forcibly reduced, explain the management situation of the company, and suggest a plan to reduce wages from senior management positions to a certain proportion of wages by rank, and, if an agreement is reached, a new wage amount should be signed (excluding the low wage official).
ᄋ Deduction of wages by the number of days required to submit a petition
- Departmental rotation required a certain number of vacation days per month.
ᄋ Adjusting the number of working days in agreement with employees
- Convert to an agreement with employees, e.g. working three days a week, taking four days off, or two weeks a month in rotation (requires written consent).

2 De-negotiation in the form of voluntary retirement
Recruitment of voluntary retirees after setting a standard for payment of compensation, such as N+1.

3 Promoting the removal of workers' non-fault cause (a method with high legal risks)
a Promoting dismissal for "significant change in the target situation"
Under Article 40(3) of the Labor Contract Act, if a department or production line is closed entirely due to a management disturbance, the employees of the company shall negotiate job adjustment and wage reduction, and if not concluded, the labor contract shall be lifted on N+1 compensation basis.
b Under Article 40(2) of the Labor Contracts Act, the government shall negotiate with employees with poor performance or achievements, and lift the labor contract under the terms of N+1 compensation due to non-compliance of duty.

4 Operation suspension is carried out
In the event that the workers are unable to arrange normal work load, they can suspend their operations (front or part) and take standby measures. Because the work stoppage is related to the desperate interests of the workers, the explanation and opinion-taking process is necessary (no consent is required) for the employees in advance, and the permission of the Bureau of Labor is not necessary, but it is necessary to report it to the Bureau of Labor before implementation. Meanwhile, there are no separate legal regulations for the period of suspension.

Transfer management

Transfer management is the last step in labor management.
This is a time when conflicts between labor and management are easily expressed to the extent that 90 percent of labor disputes take place in the turnover stage. In the event of a poor response at this stage, it is directly linked to a labor lawsuit, and the direction of the lawsuit can have a significant impact on the working position of other employees.

Many workers at retirement are ready to vent their grievances or even file labor charges or even file labor lawsuits to maximize their profits by taking advantage of the company's weaknesses, thinking they no longer need to be aware of the company's business. If the company's labor management is legal and is not in a loophole in its management, then it can only respond by law, but if it is not, it will be forced into a defensive position.

1. Legal risks of turnover

The frequent labor strife at the turnover stage is also closely linked to the issue of "economic compensation." As in Korea, the "economic compensation, economic compensation" system, in which payment standards vary depending on the form and legality of the transfer, is operated, not in a uniform "retirement benefit" format, regardless of the reason for retirement. For this reason, many workers with long service experience offer to cancel negotiations or force layoffs rather than resigning.

If the company fails to grasp labor laws properly and fails to overhaul the employment rules and turnover management system at ordinary times, the risk of frequent labor disputes at the turnover stage will be unavoidable.

(1) the termination and termination of labor contracts;

In China, "labor relations" are implemented by the conclusion of bilateral labor contracts, and the "labor relations" thus established are "disbanded" by the "release" and "termination" of the contracts. To tell you the reason for the termination of the labor contract,
Employee turnover is divided into two categories: termination of one labor contract and termination of two labor contracts.

Termination of labor contracts is the end of contract expiration, retirement, etc.

The lifting of labor contracts is again classified into three categories: the lifting of negotiations, the unilateral lifting of workers and the lifting of companies' unilateral lifting.

In terms of legal consequences alone, there is a similarity in that legal relations between labor and management, whether they terminate or terminate the contract, are extinguished at that point. However, the termination and termination of labor contracts differ significantly in terms of the establishment requirements, procedures and compensation for workers as follows:

1 The ‘release’ of labor contracts
The termination of a labor contract means a legal action in which a legal reason arises before the expiration of the contract, or, for reasons on the part of the company or the part of the workers, an interim termination of the labor relationship in the form of "agreement" or "unilateral notice". Workers are free to terminate the contract at any time if written notice is given 30 days in advance, but strict legal regulations are in place for the company to terminate the contract. It must comply with the "Reason for Court Release" stipulated in the Labor Contract Act, and the supporting "evidence" shall be presented, and if found to be illegal, it shall be liable to pay economic compensation equal to twice the economic compensation, or to continue to fulfill the contract.

2 ‘End of labor contract’
The termination of a labor contract means that the labor relations formed between users and workers are automatically extinguished by the emergence of legal reasons. Unlike the lifting of labor contracts, neither labor nor management is required to express their opinions, and once legal reasons are met, labor relations are extinguished.
ᄋ Termination of maturity: By fulfilling the contract by the expiration of the contractual term promised in a fixed-term labor contract and not renewing the contract at maturity, this means that the contract is terminated naturally (unapplicable for indefinite-term labor contracts).
ᄋ Court termination: the reason prescribed by law, i.e. the principal (worker) of the labour contract is retired from retirement or the principal (company) of the labour contract is extinguished (breakdown, liquidation, etc.);

(2) Legal regulations on the termination or termination of a contract;

The termination or termination of a labor contract shall be subject to strict regulations of the Labor Contract Act. The termination and termination of the contract shall be subject to different regulations. At the end of the contract, unless special reasons such as pregnancy or illness arise, labor contracts are terminated naturally at maturity, making it relatively easy to terminate employment.
However, in the case of "release," the grounds for its release must comply with either of the "reasons for the removal of the court" as specified in the Labor Contract Act. In the case of South Korea, the country's labor law "decisions" the layoff requirements and imposes a burden of proof on companies for their compliance, although layoffs should be consistent with comprehensive reasons, such as "objective and reasonable reasons in social concept."
For example, to dismiss a disciplinary action, one must first look for a provision of evidence in the company’s employment rules that conform to the legal grounds on which it is based, and secure evidence proving the reasons. If there is a flaw in the implementation of the legal procedures and the rationality of the criteria for the dismissal of workers for their non-compliance, they are likely to be declared illegal. Therefore, it is necessary for the company to devise and proceed various measures to minimize legal risks in advance on the basis of an accurate understanding of labor laws.

5. Precautions for hiring experienced workers

(1) Whether to terminate or terminate labor relations with a former workplace

If an enterprise hires an employee, it shall enter into a labour contract after confirming that it has terminated its labor relations with another company (article 17 of the notice of a slight problem in implementing the labor contract system). The Labor Agreement Act stipulates that the former workplace is liable for compensation in the event of loss to the former workplace by employing workers whose labor relations have not been terminated (Article 91 of the Labor Contract Act).

[Case] Responsibility for compensation for the recruitment of non-existing employees in labor relations
K invested 100,000 yuan to train H, a high-end engineer, overseas, and signed a five-year labor contract with H, who returned home. However, after three years, H retired without permission and moved to M company. M did not properly confirm whether or not to lift labor contracts with his previous job, but gave him a high salary and hired H.
Although K put in another engineer due to H's sudden unauthorized retirement, a lack of technology led to the production of defective products, which resulted in a direct economic loss of 500,000 yuan due to massive returns and inventory accumulation. K filed a lawsuit against H and M to compensate for the economic losses. As a result, it was deemed to be a breach of contract by H and in the case of M, 70 percent (35 million yuan) of the loss was imposed for hiring workers whose labor contract with the former workplace was not canceled.

[working-level measures]

1 When hiring an employee, the employee is required to cancel a labor contract with the former workplace or submit a certificate of termination, and the original copy is kept after verifying the authenticity of the document.
2 If an employee is unable to submit a work contract cancellation certificate, the employee shall be informed of the contact or possible attestation of the former workplace and conduct an investigation. In particular, important technical personnel should contact the former office to make sure that any outstanding matters such as mandatory service period and penalty fees remain.
3 If you find that your labor contract with a former workplace has not been lifted yet, but you need to contact the former job to check the status of the employee and ask the recruiter to submit a written confirmation.
[Confirmation (Sample)] Employees have already cancelled labor contracts with other companies when they sign the labor contract.
Or guarantee that it is terminated. If that problem leads to a legal dispute,
In the event of such a case, the employee himself"

(2) existence of an agreement to limit the occupation

At the time of retirement, especially for technicians, there are some business-restricted agreements with the former company. In the event of a "restricted business" agreement between the original company and its employees that is conditional on the payment of a certain amount of compensation each month, it is prohibited from working for a competitive company within a certain period of time or in a similar industry, and the company is responsible for indemnifying the penalty in the event of violation. Employees who are engaged in a previous job and a business-restricted agreement are hired by a new employee and found to have made profits and been involved using technical data or commercial secrets carried by the employee will be held liable for the rights violation.

[Example] Responsible for compensation for the employment of employees who sign a contract to limit their occupation
Company A hired Wang, a high-end engineer. One day, an official letter came from rival B. Wang and Wang signed a business-restricted agreement on retirement, and since the company that employs Wang was agreed in the agreement to take responsibility for the joint compensation, "You are advised to immediately terminate the labor contract with Wang, the company will apply for labor arbitration with Wang, and you will also be responsible for the joint compensation."
(Explain)
The agreement was signed between Company B and Mr. Wang, and the third party, Company A, is legal.
As it is not binding, Company A does not have to be held liable for the joint compensation. However, Company A has limited business hours.
If an entity employs and employs the arrangement in clear knowledge of the existence of the arrangement, it will be required to provide for the loss incurred by Company B.
be liable for indemnity

[working-level measures]

1 When hiring advanced technical and managerial positions, it is required to check whether or not a previous job and a limited business agreement have been signed. The best way to do this is to ask employees to inform them about their contact information or possible attestation, and to confirm whether they have signed a business restriction agreement.
2 In addition, the company shall receive a pledge that it does not sign an agreement with the original company and that it will be responsible if it is false. However, receiving a written consent does not exempt a new company from liability in the event of a lawsuit.

What is required to exercise the right of place

Points of the sortation term neck designation exercise
Pre-acquisition of nationality foreigners o "foreign employment permit"
Under 16 years of age, o classified as "childhood" and thus legally prohibited from employment
No hard work or dangerous labor as they are classified as "male workers" between 16 and 18 years of age.
(Note) Registration of underage employees in the Ministry of Labor and mandatory annual physical examination
Technical and functional post o "medium-duty driving license" and "welding license" are pre-checked for possession and validity of professional certificates.
Occupational risk ( 포스트) post o pre-check whether there is a disease in which employment is taboo
Pre-acquisition of post o health certificates related to public safety and hygiene
Guitar
사항 5th place & 5th place

Confirmation of academic background (college graduates) o China Higher Education Students Information Site (www.chsi.com.cn) free
(Note) Only after 2001. Previous graduates need to be checked by the school
Check your work experience o If you are retired, contact your former workplace contact.
A survey of the company's work status before retirement, etc
o For advanced management positions, such as manager and manager, refer to credit survey company
Risk avoidance due to health problems o through physical examination of prospective employees, and check the presence of chronic diseases in advance
o Require a pledge from third parties that they have no history of fantasy or occupational disease;
Avoidance of double employment risk o require submission of a certificate or pledge of termination of labor relations with a third party;
Confirmation of the obligation to prohibit employment in the competition field o contact the former employer to confirm the existence of the obligation to prohibit employment in the competition industry
Verifying the possibility of pregnancy o Prior to physical examination for positions that are not suitable for employment of pregnant employees
o Check the possibility of pregnancy after joining the company, considering the age group
Student o Confirmation of student status (requires identification signature on a copy of identification)

6. Background investigation

In the labor scene in China, where labor lawsuits have become routine, the importance of the recruitment investigation is increasing day by day. This is because neglect of job search and identification can cause a lot of damage to the company. In particular, for high-ranking positions (management and technical positions), an investigation into the previous work experience is required, and the relevant certificates, etc., need to be verified. If there are no problems with the investigation results, all certificates collected shall be kept in the personnel file of the employee concerned.
In the case of small- and medium-sized enterprises, the fact that they are in a difficult position these days is one of the reasons why they are neglecting their job search. However, the company's losses are huge because it hires one of its employees wrong. Even if the problem employees are found and exported during the trial period of several months after joining the company, the resulting losses (such as recruitment costs, re-employment expenses, and past payment benefits) will be enormous. Furthermore, if the employee is fired after switching to a full-time position due to failure to pass the test period, the termination cost will be higher.

(1) Conducting background checks and preparing work
1 As a recruitment officer or personnel manager, the person who participated in the interview test of the candidate for employment
2 hours: After the interview, the decision on hiring was made.
3 Type: Telephone Survey is desirable
4 Preparation work before background investigation
　 o Prepare survey item table to inquire when background of written phone
　 o Select the main point when inquiring
o When interviewing candidates, the evaluation results of background survey directly affect employment decision
That's crazy. That't it?

(2) Identifying information collection routes
1 Request to fill in the certificate and supervisor in [Sample 2-3] (two previous workplaces)
2 Identifying candidates through multiple channels, e.g. personnel departments, supervisors and
one's colleague, etc
3 Collecting information about job candidates by using their personal connections or personal network of colleagues
4 If you are currently working in a job, you should avoid contacting your current job as much as possible.
Inevitably, it is necessary to seek the consent of the candidate for employment before inquiring
　　

(3) Inquiries made during background investigation
　1 Working hours, positions, circumstances of promotion or demotion, retirees, etc. of previous work (2 places, etc.)
　2 Actual job details, responsibilities and personnel performance status
　3 Position and wage welfare level in charge of previous work
　4 Work ability, attitude and personality characteristics, etc.
5 Whether absenteeism or sick leave (body health condition) were present in the former site;
6 Whether to sign a consultation document limiting the number of employees in the previous job (or current job) and the competition sector
7 Whether there were any labor disputes or disputes with the former office (very important)
[Reference] For questions, be careful not to give a meaningless answer such as "good, bad" or "bad" if possible.

(4) Procedure for progress
　1 Explain the intention of self-introduction and inquiry and stress that the phone call will be kept secret
2 First, let the person know what you're going to ask, and then check if the person is uncomfortable with the conversation.
enquire whether or not
　3 Research and inquiry is conducted
　4 Ask the person if he or she has good working attitude or behavior.
5 Ask the caller if it is possible to introduce another person.
6 Thank you for your cooperation and express your willingness to cooperate if the other party makes the same background inquiry to your company
7 Record the background survey and inquiry results in [Sample 2-5] and report them to the management team.

(5) Precautions
1 Focus on work-related issues.
2 List the subject’s speech, short silence, suggestion, explanation, or problem of avoiding answers in detail, particularly noting the benefits and "other items" of the Applicant Background Survey Record.
3 Ask for specific examples rather than abstract ones
4 Thoroughly maintain confidentiality of data obtained during inquiry process.
5 After the interview, conduct an investigation and inquire immediately.

(6) Checking work experience
1 In case of a work experience, a person can directly check the phone to the previous work place. There is also a way to secretly check the number of the contact number and the person in the previous job who can prove himself by making a notification from the employee himself, or by searching the Internet to make sure that he is fully satisfied. Since there is no law in China that regulates leakage of personal information as well as the protection of personal information only exists, the direct telephone survey method needs to be actively utilized. In order to hide unsavory reasons for retirement, we may cite reasons such as the bankruptcy of the company, which in particular requires confirmation of the actual bankruptcy of the company.
2 There is a professional research company in China that conducts a credit survey of its employees. In particular, global foreign-invested companies often use credit survey companies to identify candidates' status and career experience when hiring high-level management positions.

[Reference] The credit survey company below, based in Shanghai, conducts a credit survey on Japanese companies for Chinese applicants. In particular, it is worth considering the use of high-paid/high-ranking Chinese officials.
http://inform.net.cn/inform/ http://inform.net.cn/inform/ http://inform.net.cn/inform/
** PersonalCredit Report (PersonalCredit Report), 4,500th and

3. Interview test

(1) Preparing a work-seeker registration table

Most companies are asking questions based on a brief resume they send when applying for an interview. Since resumes are written arbitrarily by individual applicants, they often tend to exaggerate their educational background and careers and hide what is disadvantageous to them. In addition, since the resume submitted by the applicant is a standard form written on a PC, it is difficult to identify whether it was written by the applicant himself or not, and it is difficult for the management to use it as evidence even if a labor lawsuit is filed later due to academic or career fraud.
The company distributes the required [Sample2-3] to interviewers who come to the interview site, puts their resumes back in their own handwriting on the spot. 1 Obtain evidence as evidence in the event of a lawsuit, 2 Identifies the applicant’s personality by collecting information about the applicants who want to apply for the interview.
4 It can have effects such as identifying the evidence of a previous job.
The form can be self-designed around entries that the company wants to identify, so it has the advantage to examine the applicant’s objective situation in more detail. In addition, if the contents are found to be false after joining the company, it is possible to ask for legal responsibility.

Since it can be used as evidence, the registration table must specify a clause of the pledge that the person is responsible for legal responsibility when the information written by him is different from the facts and receive a confirmation signature.
The most important thing in the Employment Information Register is identifying the former workplace attestation in paragraph (4). It is required to fill out the contact details of the former job certificate on the Employment Information Register form. State the names and phone numbers of the two former bosses and colleagues who worked just before. If an employee has a problem with his previous job, he or she will be reluctant to report it, and if so, the company will be able to identify the applicant's reputation in his or her former job.

[Point] The Legal Personality of the Job Seeker Registration Table
The Employment Information Register form is a legal document for information about applications produced by an entity and recorded by the work-seeker himself. The law gave companies the right to know when hiring workers. The entity may use the work-seeker registration table as an important means for the exercise of the right to designate.

(2) Points of interview

[Point] Interview Progress Flow
Introducing 자기 Self-introduction à à Reasons for being in the current workplace à Treating hopeful jobs (current and hope) à Impression to the company à (family composition, hobby, personality, family register, etc.)
Commuting time/path, etc.

Verification of resume entries or self-introduction is required
Don't take the information as it is. For example, even if it is written as a good Korean and English speaker, it is often only a simple conversation. In Korean, many people speak well but have little ability to write documents. Therefore, for positions requiring a foreign language, a simple written test is essential after the interview.
Generally, Chinese job seekers have excellent presentation skills that appeal to them during interviews. Since there are not many cases of actual packing and bloating, it is desirable for experienced workers to check out their expertise or take practical tests.

[Point] Interview alone is not enough to identify actual capabilities
o When asked to process a screw because he has 10 years of shelf experience, he said, "It is natural that he cannot process a screw since he has only worked on a shaft for 10 years.
o When I asked why I cheated because I thought the official was a professional, but he didn't cheat because he didn't have any experience at all, he said he didn't cheat because he had learned something at school. The concept of experience we think of is different because it means the period of professional skill acquisition, and what the Chinese people say is just that they have learned or know at school. Production jobs, in particular, may have only done one simple task in their lifetime, so a practical test is essential.

Recruitment based on ability rather than personality
Korean companies tend to hire people who are sincere and cooperative. Humanity is important, but if you don't have the job skills, you can't give them the education they want.
be unable to produce For managers, personality and values are as important as ability, so life
Ask questions about the most spectacular things in , unpleasant things, happy things, admirers, trustees, and model for one's life, and ask why.

Frequently transferred employees are on the lookout.
They ask in detail why they have worked in the past and transferred. In the case of frequent transfers, caution is required. In particular, since former employees are often mixed with former employees from Korean-American companies, it is necessary to check their contact information, which is proof of their previous job.

For Korean speakers, check their practical skills.
For Korean language majors, they need to check their knowledge and skills in the field of practice. This is because there are many employees who can speak only Korean and do not have other skills.

Confidently notify the details and treatment of the work
What purpose will you hire, what will you do, and what will you do with your wages?
He is advised to prevent immediate retirement after employment.

Chinese interviewer's class
It is imperative that the relevant Chinese staff be present for the interview and listen to his opinion. This is because only Chinese people have a catchable sense and attitude.

Questions about your former employer's salary
Rather than asking vaguely about salary status, it is important to ask about the salary structure (requires separation of basic pay and job allowances, performance and bonuses). It is important to note that, in particular, the ratio of variable benefits paid in conjunction with the performance of the business is much higher than in Korea, and applicants tend to respond with the benefits they receive under their maximum performance conditions.

4. Appointment of Designated Rights

(1) The need to exercise the right of designation;

False cases of academic and career information are common in order to get a job. In order to avoid recruitment risks resulting from such employee deceptive practices, an entity must use the "peripotentiary" guaranteed by law. The following are the types of deceit that occur frequently:
1 Provide false information (non-compliance employee): Individual records, achievements, work experience, defect records, etc.
2 Employee ignorance, concealment of personal information: occupational disease history, serious illness, pregnancy, etc.
3 Avoidance of contract obligations with other companies: Consultation of service after training, consultation of prohibition of competing businesses, etc.

a price for neglect of exercising one's right of appointment
Two months after she retired from a clothing store, Mrs. Wang applied for the store again. The store manager hired Mrs. Wang immediately, without physical examination, because she was already experienced and familiar with the store. By the way, Mrs. Wang applied for a sick leave from the second month and began to recuperate for an extended period. She hid her diabetes when she reentered the hospital. She tried to take advantage of corporate health insurance. The dismissal of Ms. Wang during the three-month medical period is legally prohibited, and she cannot be retired. Mrs. Wang has dug into the loophole of holes.

The labor contract law guarantees workers' right to designate companies, while at the same time stipulating users' right to designate workers. The company retains the right to know about the circumstances of workers' age, physical condition, work experience, knowledge function and employment status directly related to the conclusion and implementation of labor contracts. If a worker's notice to a company is found to be false, the company can legally fire it.
In the recruitment review phase, the entity shall make the best use of the right of designation, conduct a thorough investigation and verification of the applicants. What should be noted when exercising the right of designation is that information about the applicants should be obtained in such a way that "evidence preservation" is possible.
In addition, it is necessary for the applicant to specify his or her own statement that "the legal responsibility for providing false information, and if the worker provides false information, the user shall immediately terminate the labor contract and not pay economic compensation, and the applicant shall confirm the veracity and accuracy of the information."

[Article 8 of the Labor Contracts Act] The user shall have the right to identify the basic conditions of the workers directly involved in the conclusion of the labor contract, and the worker shall explain the truth.

Legal action in violation of worker's obligation of notice
The purpose of the right of designations exercised by the user is to determine whether to enter into a labor contract through a breakdown of the circumstances for the worker. If a worker intentionally discloses false information, it constitutes a "deceptive" so that the user can claim nullification of the labour contract and legally terminate the contract.

[Example] Termination of False Certificate Submitters
When she got a job with an IT company, Kim presented her with a diploma from a top university, which earned her 10,000 won a month in high wages. Three years later, the company lifted the labor contract with Kim on the condition of three months of economic compensation plus one-month notice due to worsening business conditions. A few months after retirement, the company learned of Kim's submission of a false diploma at a chance, and filed for labor arbitration demanding the nullification of the labor contract and the return of the economic compensation money, and won the case after a lawsuit.

(2) Checking the personal information of the applicant

1 Determination of age
The age of adulthood in China is set at 18. Employment of child workers under the age of 16 is strictly prohibited For those under the age of 16 and 18 years old, it is advisable for foreign-invested companies to avoid hiring minors under the age of 18 unless under special circumstances, as they are required to report to the Bureau of Labor and comply with the provisions relating to the protection of minors.
The method of age identification is simple. As an adult (18 years old), a certificate of identity is issued from the Public Security Bureau, so if you check your ID card, you can investigate your age. In this case, a copy of the identity certificate submitted by the employee is checked against the original, and the signature is received on the copy and preserved as evidence.

2 Confirmation of identity certificate
Counterfeit identification is common in China. If you are suspected of forging your ID, you can check it by going to the website (www.ip138.com), sending your ID card name and ID number, and paying 5 yuan. You can also check the photos of the registered ID.