배움과 공유의 시간

01 Recruitment

With the continuous implementation of the labor law, which puts priority on protecting workers' rights, such as the Labor Contract Act, the risk of employment by companies has risen sharply, and in effect, the initiative in labor relations has fallen into the hands of workers. Many of the labor disputes are often caused by lax management of the recruitment phase, among other things, becoming a "fire line." The best way to prevent employment risks is to thoroughly manage recruitment and block the entry of unqualified people from "entry."

1. Basic work on recruitment and recruitment

(1) Position setting and organization (determining)

The expansion of corporate manpower is not easy to control. As sales increase, the heads of the relevant departments are bound to complain of a shortage of manpower, while those not directly involved are scrambling to increase staff. If the company fails to control the increase in manpower, it will soon result in an excess of work-ready personnel, which will lead to unnecessary increases in labor costs, as well as a widespread distracted and complacent attitude, resulting in a decline in the overall labor efficiency of the company.
To prevent this phenomenon, it is necessary to establish positions in the company and "control devices" called "decision-making" of position installation and garden system. After confirming the organization structure of the enterprise and the positions of each department, the job analysis proceeds with the establishment of the position and the arrangement of the quota, which is the basis for all HR tasks, and at the same time is the evidence for recruitment.
o Position installation (determined): Position required within the enterprise is installed based on scope and nature of work
o Determining the proper number required for each position

After determining the position installation and quota, the number of persons assigned to each position shall be determined based on the number of positions The personnel assignment by position, determination by position, and determination are collectively referred to as "3 determination". The "three determinations" are the basis of the company's recruitment management.

List of position settings (case)
Position status (position) in the numbering category (postion) and current status in the details of the work.
1

(2) Preparing a job description

Job description for the position installed and installed during the determination process
It is necessary to write a book. The job description shall be prepared by the personnel department in consultation with the current department. The existence of Job Descriptions [Sample 2-1] is the only way to set employment standards and find the right people.
Korean companies are vague about one or two lines of information such as "holdings of business experience that can be used for Korean language."
Many are hiring by themselves. If this is done, it is easy to have a hiring miss because the exact requirements of the person to be hired are not defined and the image of the person to be hired is not drawn.
What is most necessary before recruiting is to clarify the department’s policy of seeking employment. Under the policy, it is necessary to analyze what the employees will do basically, based on their daily, weekly and monthly duties.

(3) Control of recruitment of employees

Staffing departments that are scheduled to use the workforce are required to submit a request to the human resources department by listing the manpower demand table [Sample 2-2].
Personnel departments review the need for recruitment, based on the quota system by company position. If an application is made outside of the quota system, the personnel department shall submit the application to the company management for approval and then conduct the recruitment.

2. Recruitment and recruitment process

[Stage 1] Preparing for Recruitment
o Request to submit the Personnel Demand Table [Sample 2-2] to the Employment Needs Division
o In case of an office management position, request the preparation and submission of a job description for the relevant position [Sample 2-1];

[Stage 2] Publication of Recruitment Information
o Choosing an appropriate recruitment method (Internet recruitment site, workforce introduction company, headhunting, etc.)
o Selection of Internet recruitment sites according to employment targets
- Low level positions such as functional, public, etc.: 58城Subject, 赶集, 百姓, etc.
- Office jobs, mid- to high-level positions: 웹사이트 (www.zhaopin.com), 看准网 (www.kanzhun.com), 程无扰 (www.51job.com), 智联网 (www.51job.com), 智联网 (www.zhaopin.com), 智联网 (www.zhaopin.com), 智联网 (www.56job.com) and 中 华 (www.56job.com)
- High rank, technical position: headhunting, etc.

[Stage 3] Screening of resumes
o Initial resume screening in human resources: age, gender, major, academic background, experience and achievements, education and training, etc.
à After the first screening process, prepare the resume screening result table based on the basis of factors
o The use department conducts a second screening process for the first selected resume and makes sure that the employees are qualified for the employment conditions.
Confirmation, notice to the Personnel Department of Personnel.

[Stage 4] First Test Candidates Phone Call
o Conduct a brief interview on the phone
- Those who fail to meet the company's employment criteria should be eliminated by checking the applicant's basic situation, job-seeking motivation, and wage conditions.
o Notification of company visit time, place, and instruction data, etc.

[Stage 5] Conducting the first test (Human Resources)
o Requesting and verifying identification of the job applicants on site
o Personnel Recruitment Manager Conducts 1st Interview
- Evaluate factors such as appearance, personality and personality, communication and expressive ability, values, and convergence with corporate culture.
- Record the results of the interview on the interview assessment table [Sample 2-4]
o Requests the human resources department to conduct a second interview for those who pass the first interview
- Send the Employment Information Register and the Access Evaluation Sheet to the Manpower Use Department

[Specific] For positions required by the job, take a written/practical test

[Stage 6] Conducting the second test (Human Resources Department)
o The head of the human resources department conducts a second round of interviews on factors such as professional functions, experience, work skills, and teamwork
- Record the results of the interview with the employment opinions on the interview assessment table.
o After the interview, send the Personnel Department an Interview Evaluation Sheet
- In-depth interviews are conducted by the management team, technical staff, and high-ranking officials with a certain grade or higher.

[Stage 7] Background survey and recruitment report
o Background investigation
- Background surveys should be conducted on management/technical personnel with a certain grade or higher among those who passed the second test.
- Write the results of the survey in [Sample 2-5] and sign it.
o After phone calls, e-mails, etc. on demands such as wage and welfare, job candidates are appointed to the management of the company.

[Stage 8] Physical examination information
o Request for physical examination by the company-designated hospital for recruitment.
- Hospital requests notification of physical examination results to the company
o Review of physical examination results
- for those who have problems with their physical examination results, such as infectious diseases, high blood pressure, liver failure, etc., notice that they are not able to be employed euphemistically, citing reasons other than physical health problems.

[Stage 9] Notification of the date of employment registration
o Notification of job registration date and list of sub-contractor data to recruiters
- Send mail in the form of a simple notice, not a formal notice
o Personnel department requests the relevant department to proceed with preparatory work regarding the placement of new employees

[Stage 10] Job Registration Procedure
o Preparation of an employment registration table [Sample 2-6] and confirmation and receipt of various submission documents
o Signing labor contracts and various agreements

Retention of Retired Persons

In the case of women’s 50 (aged 55) and men over 60, civil relations laws, such as the Contracts and the Rules of Civil Code, which are not labour laws, such as the Labor Contracts Act and the Public Insurance Ordinance, are subject to the commencement of the provision of nursing benefits, or already beyond the legal retirement age. There is no obligation to pay economic compensation or to get social insurance upon termination of employment and no obligation to pay legal overtime costs arises.
However, in case of personal injury, the user is liable for personal injury, so personal injury insurance, etc. is required. In addition, it is necessary to make clear and specific arrangements in the Retirement Material Employment Consultation document to prevent civil disputes.
These days, as in Korea, Chinese people are in better shape, so for female public figures, there is nothing wrong with continuing to work beyond the age of 50. The employment of retired workers has the advantage of drastically lowering labor costs due to factors such as social insurance, non-payment of kitchen utilities and non-payment of economic compensation.

[working-level measures]

1 Retired employees should check their health conditions carefully through physical examinations.
It is important to note that older people are more likely to suffer from high blood pressure or chronic disease, and that there is always a risk of accidents occurring at any time, and that if they are injured in an accident during work, civil lawsuits against the company for personal injury compensation are filed. However, unlike industrial accidents, the company is liable for compensation in accordance with the ratio of malpractice of workers and companies that the court rules because they are in a civil accident relationship.

2 The use of stock for legal retirees should be thoroughly checked.
In the event that the employees are not properly identified as legal retirees, the company may ask for double the number of unpaid labor contracts and payment of supplemental wages and social insurance to the company, saying that "labor relations" with the company have been established while resigning after a certain period of work. Therefore, the employee must submit a certificate for the receipt of the old pension to verify the legal retirement age and, in the case of an old pension beneficiary, verify the excess of the legal retirement age by verifying the identity of the old pensioner.

3 The agreement requires specific arrangements for work accidents and disease outbreaks.
In case of personal injury resulting from the work regulation, violation of discipline, and serious negligence of the worker, the person shall be liable for compensation in the event of an accident, so as to prepare for any eventuality. In addition, the medical expenses for the occurrence of the disease shall be stipulated by the company itself and the company shall purchase personal injury insurance as compensation for injury or death.

4. Employment of Special Identifiers

In the case of social insurance unpaid leave, in-house retirees, early retirees, and long-term leave, the employees with the company signed the term "no-pay leave agreement" with the company for early transfer of the company and are receiving social insurance maintenance and basic living expenses. They are virtually retired and are able to get jobs at other companies even before the agreement expires.

[Questioning]
Since our company is a ship manufacturing industry, we need to work hard with welding technology, but these days it's too hard to find welders. Therefore, we are currently working for another shipping company that has been suspended due to management problems, and we are planning to fill vacancies with welders who are currently on leave for only the minimum wage. Due to the quantity of order, we will be hiring in the near future. So, I want to ask you what problems you have with hiring employees who have written down in other companies, and how do you deal with them?

In September 2010, the Supreme People's Court Judiciary Analysis (3) was promulgated, and the employees who were on leave for a long time were required to sign a written labor contract with another company, and 1 upon completion of a written labor contract, 3 economic compensation payments were paid for the termination of employment as a result of a fantasy accident, which was recognized as a fantasy, 4 economic compensation for illegal dismissal, and other workers.
Social insurance payments are not required when hiring such workers, but they must sign a written labor contract and hire them. However, the employment time shall strictly check labor relations with the former company and the social insurance payment status, and the company shall notify the change of its status when the special labor relationship with the former company is terminated during the period of employment, and take the relevant procedures such as social insurance subscription.

The biggest problem here is social insurance against industrial accidents. This is because with the original company continuing to pay social insurance, social insurance cannot be paid double. As there is always a risk of industrial accidents for field workers, it is necessary to contact the social insurance bureau of the location to make sure that only industrial insurance can be paid (in Shanghai, only non-Japanese employees can pay for fantasy insurance).

[working-level measures]

1 As the company under the contract pays social insurance, but the company is solely responsible for industrial accident compensation in the event of an industrial accident, it should seek ways to pay only industrial insurance under the name of the company.
If only industrial insurance is not available, personal injury or illness insurance may be purchased through a commercial insurance company, but in the event of an industrial accident, the compensation amount corresponding to the Industrial Accident Insurance Ordinance shall not be fully covered. In particular, in the event of death or severe aftereffect, management is under great pressure, so it is necessary to avoid the arrangements for dangerous work.

2 It is necessary to verify that a binding agreement has been entered into with a company in office (e.g., ineligible to work at another company, etc.). Where such a consultation is signed, a lawsuit, including a claim for damages, may be filed from the company in office.

3 A written labor contract must be signed (risk of payment of double wages in the event of non-conformity).

 Employment of trainees

Corporate apprenticeship generally refers to students in vocational technical schools. Since the original purpose of the exercise is to conduct functional training, the student status of the trainee remains unchanged and should continue to be managed by the school. If an enterprise employs a student who is in school as an trainee, it shall proceed in such a way as to conclude an exercise consultation among the three parties of the business-school-student relationship because there is no working relationship with the student.

[Regulations on Practical Management for Secondary School Students]
Article 10
Before a student comes to an exercise company and is assigned to an exercise post, the student body or the head of the student body shall conclude written consultations with the school, the trainee company to clarify the responsibilities, rights and duties of each party.

Since the relationship between trainees and the use company is not legally "labor relations," if personal injury occurs to the trainee during the exercise period, the Civil Service and the Civil Service Act, not the labor-related law, applies.

[Regulations on the Employment Ratio of Practitioners]

Some companies hire large numbers of trainees to reduce labor costs, or infringe upon the legal rights and interests of trainees. For this reason, some local governments have issued a series of regulations that strictly limit the employment rate of trainees in their use companies.
For example, Kwang Dong-sung’s "Guidelines for Practical Practice and Employment of Graduates of Guangdong High School" stipulates that the number of trainees should not exceed 30 percent of the total number of employees employed by the company.
Soju City is more stringent than this, and Article 2 of "A Opinion that Normalizes Practical Practice for Secondary School Regents in Employment Units" stipulates that the number of trainee students does not exceed 5 percent of the total number of employees in the Practical Company. Therefore, if an entity employs trainees, it must check the local government’s restriction on employment rates for trainees.

[Experimental Remediation]

Since there is no legal labor relationship between trainees and the use company, the trainee's compensation is basically not subject to the minimum wage standard of labor-related laws.
However, it is important to note that the Strict Labor Agreement Ordinance, which went into effect in May 2013, stipulates that the trainee’s compensation promised by an enterprise with students should not be lower than the minimum wage here, and obligates some provinces to pay more than the minimum wage standard for students in the province.

[Hour]
The National Regulations for Practical Practice for Secondary School Students stipulates that a student’s working hours cannot exceed eight hours per day.
Guangdong Province’s Higher Student and Graduation Labs Ordinance provides more detail that a student’s one-week training session cannot exceed 40 hours. In the case of Kang So-sung, the Stiff Labor Relationship Ordinance limits the number of trainees to less than 12 months, four hours a day, and very 40 hours a day. Therefore, it is required to note that if an entity employs trainees, it is necessary to verify the country and local local government regulations and, in particular, may cause undue overtime or nighttime work arrangements for trainees.

[In case of personal injury or injury during practice time]
Because there is no legal labor relationship between trainees and the use company, if an trainee is injured during the exercise period, it is not recognized as an industrial accident and cannot enjoy industrial insurance treatment. Alternatively, an trainee may request the provision of a liability for infringement of the rights on the basis of the Rights Violation Liability Act and the Rules for the Handling of Accidental Accidents, if he or she is injured during an exercise.
In the event that a student is injured due to negligence by the school, student or other parties concerned, the party concerned shall be held responsible on the basis of the percentage of negligence in its own conduct and the causal relationship between itself and the consequences (Article 8 of the Rules for the Handling of Accidental Accidents).
In order to minimize responsibility for personal injury or illness, the company needs to have commercial insurance, such as personal injury insurance, for the trainee before employment. In case of an insurance contract, the beneficiary of the insurance premium shall be the company in the event of an accident, and the company shall negotiate with the victim to settle the compensation issue once it receives the insurance payment.

 Business supply contract (object)

This means that the company enters into a business supply contract with an external individual to carry out certain tasks (S/W development, computer maintenance, transport services in its own vehicle).
The contractor is not a company with a business license, but a freelance individual who is on an equal footing with the company. The relationship between the two parties establishes the content, time and repair of the work, and entrusts the work to the individual through the specific work.

It is not a command supervision and subordinate relationship between labor and management, such as labor relations, but a method in which the results ordered by the rich (company) in an equal relationship are submitted by an Eulbang (individual) and remuneration is paid in exchange for the same way.

In this case, the entity is not subject to the corporate supervision and the company’s employment rules, is not required to commute on time, only if the entity issues the results specified in the labor contract at the specified time. This means that the entity is not involved in any of the processes in which the outcome is completed.

Labor-related laws such as the Labor Contract Act shall not apply to work contract relationships, and the Contract Act and the Civil Code shall be the basis of the Act. Since it is not a labor relationship, there is no need to pay social insurance. In addition, the commission fees paid by the company to an outside individual are not salary income, but are taxed and included in labor remuneration income.

(1) Precautions for hiring subcontracts

1) There should be no administrative subjugation.

Workers in labor relations are not subject to the management of user employment In other words, they are not subject to user absenteeism and punishment schemes, and there is no subservience relationship between them. If a worker receives daily care, such as management of a user's muscular system, there is a risk that is legally considered to form a labor relationship between the two sides.

2) Business contract should differ from labor contract.

The contract shall not have the contents of the labor contract agreed as is, otherwise there is a risk that it will be considered a labor contract even if the title states "subcontracting contract." The work contract may include the details of work specifically engaged in both parties, the duty of rights between the two parties, the time and method of remuneration payment, and the responsibility for placebo.

3) Receive a receipt for labor expenses when paying a repair.

When a worker receives a remuneration, the user shall require the worker to submit a receipt (劳务费) for labour expenses from the tax office. In this case, it is a strong proof that he received the labour remuneration, not the salary.

4) Job security and legal risks are very high in a similar way to regular employees

 If a contract is concluded but a contract is concluded to be similar to a full-time employee, and the other party obtains relevant evidence, and the labor relationship is judged to have been established by filing a lawsuit, it can be held liable for a huge amount of compensation, such as contract failure, double-payment, payment of social insurance, and supplementation, and economic compensation.

[Requirement contract agreement requirement clause (case)]

ᄋ Eulbang shall handle social and personal injury insurance issues on its own and shall not be held liable for any damages caused to the person or property of others during Eulbang's labor activities.

ᄋ In the labor activities of Eulbang, the Affiliate conducts no specific arrangements or management and does not require any duties. Eulbang assigns his work hours entirely to himself, decides how to carry out his labor activities, and is not under the supervision of the Gabby Rules System.

ᄋ Eulbang shall bear management risks on its own, and the Subang shall not guarantee any income of Eulbang.

(2) Risk of subcontracting with individuals

Responsibility for compensation for a worker's fantasy accident hired by an individual contractor

Our company is doing construction at B Korean factory in China. During this construction, a member of K class was injured at the construction site of plant B while working with a person named K team leader who was working as a team leader. It was an accident in which the bones of the thumb were crushed due to his own negligence. In this case, is my company responsible?

Instead of being paid directly to the injured employee, the class president recruited people to work and made profits when he gave them construction costs.

There is no problem if the company submits a contract to an individual who does not have a business group and the individual carries out the work. However, if the individual employs other workers and proceeds with the work, it is in violation of the provisions of the Labor Contract Act. This is because the legal right to hire workers is granted only to companies with business licenses. If individuals are allowed to hire workers, there will be a large number of cases of daydreaming and avoiding legal responsibility due to lack of compensation during the work process.

It is less risky for a company to contract a contract with an individual for work performed by a single person, but in the event that the individual is involved in an accident while recruiting and working with an unregistered business, the damaged worker may be held liable for joint compensation to the individual contractor and the ordering company.

Therefore, it is desirable not to place an order with an individual contractor for work requiring a large number of workers, but to enter into a contract with a duly registered company, even if it is more costly.

[Article 94 of the Labor Contract Act]
In the event that an individual has been recruited in violation of the provisions of this Act to cause damages to the worker, the organization that placed the order and the individual contractor shall be responsible for the joint compensation.

(3) Taxing personal income tax on labor-conservative income

Based on the Personal Income Tax Act and the Enforcement Ordinance, the personal income tax shall be levied on the labour-conservative income as follows, and the company shall be required to pay withholding tax. It is important to note that the taxation criteria for personal income tax on salary income are different.

Taxable income amount tax deduction amount
20% 0 below 20,000元
20,000초s and less than 50,000 30%30% 2,000
50,000 元s and 40% 7000

If a single income does not exceed 4,000 元, a deduction of 800 비용 is made for expenses and a deduction of 20 per cent of expenses is made for taxable income.
* Tax amount = Taxable income amount X tax rate - Speed tax deduction amount

5. Non-full-time employment

Non-full-time employment is a form of "part-time" employment. Since it is not a full-time employment, there is no obligation to pay economic compensation when applying for social insurance or terminating employment, and it has the advantage that labor relations can be terminated at any time.

On the other hand, non-full-time employment is required to enter into a non-full-time labor contract in writing for risk management, as there is a possibility that a full-time employment may result in legal problems, even though the Labor Contract Act stipulates that a verbal contract is possible.

Non-full-time wages are calculated by the hourly wage and must be paid within 15 days. The hourly wage should be above the minimum hourly wage promulgated by the local local government. Labor hours should not exceed the average of four hours a day or 24 hours a week.

The most problematic thing is industrial accidents. For example, in the event of a traffic accident during commuting, non-full-time employment is also part of a formal labor relationship, so the employer has the legal responsibility specified in the Industrial Accident Insurance Ordinance.

The problem is that for non-full-time systems, industrial insurance subscriptions are not allowed in most regions. Therefore, personal injury insurance is required in preparation for industrial accidents.

[working-level measures]

1. Employment contract
Make sure to sign a written non-full-time contract. The contract specifies that it is a non-full-time employment and clearly covenants the hours worked.

2. Absenteeism and tardiness management
In the event that the work hours are clearly agreed to in the contract, it is not necessary to manage absenteeism and tardiness inspection. Since the number of hours per week may exceed 24 hours per week depending on the situation, the records of absenteeism and tardiness may remain evidence detrimental to management.

3. working hours
Even if the working hours exceed the legal maximum hours, it does not matter if the contract stipulates that the working hours are within the legal When wages are paid, it will be more effective to prevent risks if receipt of the signature is recorded 24 hours a week.

4. Maintenance payment cycle
The Labor Contract Act stipulates payment every two weeks at the latest, but even if paid monthly, no special legal liability issue arises.

[business contract]

In case of labor dispatch, the company carries out direct management of dispatched workers, as it is tantamount to purchasing labor from the labor dispatch company.
However, in the case of a work supply, the contractor is not allowed to carry out direct management of workers at the contractor. This is because in the case of job delivery, it is not about labor, but about the products or services generated by the workers of the contractor. Therefore, the key difference between the two is whether or not they can directly manage the workforce.

1. Business supply contract (to company)

Business supply refers to a way of managing the work to improve the efficiency of the work, by placing an order with a professional contractor for specific tasks that are non-core and independent of the company.

For example, tasks that are not related to the essential business of the company, such as cleaning, security, and packaging, are often carried out in the form of contract with an outside professional company.
Contracts with outside professional contractors are the most legal means to minimize risks. Since professional companies become employers, problems such as labor contracts, social insurance payments, and industrial accidents are all unrelated to the ordering company.

(1) Differences between work supply and labor dispatch

The important differences between the work supply and labor dispatch are as follows:

have a different object
ᄋ The object of the assignment is "specific work items".
ᄋ The object of the labor force is the "process of providing labor" by the dispatched workers.

have different control over employees
ᄋ In a work supply, the ordering company is not allowed to directly manage the contractor's staff, but is directly managed by the contractor.
ᄋ In a labor dispatch, companies that use dispatched workers shall manage dispatched workers directly.

(2) Precautions for the delivery of work within the company

Special attention should be paid to the following matters so that they are not confused with labor dispatch.

1 The ordering company cannot directly manage the contractor's staff (such as attendance, command, high performance, reward, payment of wage welfare, and other routine management) and can only supervise the contractor's completion of the contractor's.

2 The rules of employment of an ordering company shall not apply to the employees of the contractor. In the case of employment rules that require compliance with the work progress within the ordering company, the Regulations for Employment of Contractors shall be implemented in a manner that requires them to be included in the employment rules of the contractor in advance.

3 The contractor must have a corresponding management price. For example, in the case of a contract for handling chemical products, the relevant license and qualifications must be in place.

4 If a contractor uses the ordering entity’s own internal, tools and facilities, it is desirable to employ a lease method to prevent the contractor’s employees from "working for the ordering entity."

@ 2 types of work in labor dispatch, in case of job placement

Delivery of work outside the ordering company
It is a general form of business service. In other words, the ordering company outsource some of its work to the contractor and the contractor uses its facilities and tools to manage its employees.

Delivery of business inside the ordering company
It is a special type of work supply, and it is a type of work that has been trained to cause confusion with labor dispatch. In other words, after the ordering company outsource some of its work to the contractor, the contractor sends its employees to the company of the ordering company and manages its employees using the equipment and tools of the ordering company.

(3) Risk of disguised subcontracting

In order to avoid the policy of regulating labor strikes, the format alone takes the form of "subcontracting, outsourcing" and in fact there are many cases in which companies directly conduct "coverage pay" to manage workers at contractors.

[Example] Enforcement of joint indemnity responsibilities based on disguised subcontracting
The port management company orders the unloading work in outsourced form to the outside loading company and signs a "loading contract." The unloading company sends its personnel to the port management company and obtains 10% of the total labor cost as administrative expenses. The port management company conducted direct command orders and work arrangements for the unloading company personnel.
(Explain)
Under the contract, "outsourcing" or "outside" companies are not involved in personnel management and unloading, and the port management company, which is the owner of the order, is actually considered to be employment in the form of labor dispatch (in the event of an accident, labor contract law applies, and joint compensation liability is imposed).

The important distinction between labor dispatch and delivery of work is whether to manage it directly or not. The problem is that it is difficult in practice to define the concept of "direct control of the labor process (command). For example, if a salesperson is assigned to a distribution store by a marketing contractor, the distributor (owner) may exercise the right to control the salesperson of the contractor in part, for example, the order of the place of work, safety management, quality of service, etc. Therefore, it is necessary for the company to establish a reasonable and specific management scope in the work supply consultation document if it is to give out its work.

When choosing a work-delivery scheme, the following considerations apply:

1 Delivery of work is relatively independent and suitable for simple tasks. For tasks that are core, complex and require advanced technology, they are not suitable for subcontracting in terms of confidentiality and quality maintenance.

2 It is essential to verify that the contractor has contract qualifications in the relevant field and has an efficient personnel management system and management capability.

Core of the Labor Contract Law - Reparations to the Workers in the Case of management misconduct

To enhance the effectiveness of law enforcement, the Labor Contracts Act simply and clearly stipulated the losses (punishment) that a company would incur in the event of an offence and the benefits (reward) that a worker would gain from it.
It is designed to pay compensation directly to workers if they commit illegal labor activities. This gave workers the opportunity to take "unpaid income" in addition to their wages.
Indeed, since the enforcement of the Labor Contract Act, there have been a number of malicious cases in which workers who have been bitten by some collectivism have been unaware of corporate misconduct in the pursuit of punitive compensation, or have provoked management to file for dismissal.

[The Effects of the Labor Contract Act on Corporate Labor Management]
o Restrictions on the elasticity of employment
- It is difficult to adjust work/wage by obligating labor contract items (work, wages, work place)
- Elastic workforce adjustment due to changes in market and business conditions at any time
o the difficulty of laying off workers
- Difficulty in dismissal if legal cause/evidence/procedure of court proceedings, and burden of double compensation for illegal dismissal
- Increase in staff and costs as evidence is secured and legal procedures are implemented.
o prolonged and rigidity in labor relations;
- the increase in lifetime employment due to prolonged labor contracts and time lapse.
- Difficulty in selection and personnel metabolism of low performers
o Flooding of labour litigation
- Increased malicious lawsuits targeting poor corporate management and loopholes
- Retroactive claims against past unfair treatment are filed at the time of retirement.

the rise of workers' rights

The sense of workers' rights in the labor market was greatly enhanced in 2008 due to the effectuation of the Labor Contract Law, the advancement of higher education, and the rapid improvement of economic standards. Companies are having a hard time managing their labor because workers are quick to grasp labor laws and insist on even the smallest details.
Collective labor disputes such as strikes and sabotage are also taking place in a routine manner, and unless workers flock to the streets and destroy facilities, the Bureau of Labor and Public Security are also avoiding active intervention against the backdrop of the government's policy to protect workers.

[Man]

o Frequent individual and group disputes due to increased awareness of rights
the frequency of labor lawsuits based on labor laws.
Difficulty in flexibly adjusting personnel according to changes in management and market conditions
o 80 and 90後 Decrease in the working spirit of new generation employees
Rising expectations such as working environment, training, and power generation space
Avoid simple work, short-term employment and career advancement
o Changing generations of farmers' workers
Unlike first-generation farmers, we expect the city to be settled (lack of the foundation of life in farming villages).
High education and high level of consumption, sensitive to wage treatment, and equipped with a high sense of rights

3. Current Status and Challenges of Human Resources Management in Korea

Korean companies in China are now facing an uneasy reality. Not only are employees clearly aware of their rights, but they are increasingly weighing and holding on to their rights and rights protection issues, and their needs exceed those of the lowest levels stipulated by the law.
In addition, unlike Koreans, who have low workforce liquidity, narrow job spans and lifetime job expectations, the Chinese value the development of self-carrier over short-term compensation and position at work, and a strong sense of individualism and rights protection, so lax labor management and seniority pay systems like Korea are bound to face major challenges after a few years of initial start-ups.

the limitations of intetation
Even if a loose Korean-style personnel management system is applied in the early days of the start-up of the Chinese corporation, it does not have any major problems. However, when the number of workers increases and the organization grows, Korean-style in-vitro management faces limitations, the phenomenon of over-staffing and post-inflation occurs, and the aging of the organization (aging, real complacency, metabolic congestion, etc.) is likely to occur after more than 10 years of entry. In accordance with the development of the Chinese corporation, if the personnel system is not localized and organized, we have no choice but to encounter a phenomenon where the control of manpower becomes difficult and the administrative efficiency is reduced by the day.

With the implementation of the labor contract law in 2008, China's labor law has shifted to a way that puts emphasis on protecting workers' rights and job security.
As workers' claims for various compensation for company misconduct became legally possible, labor lawsuits became frequent and the threshold for lifetime employment was lowered, which severely restricted the exercise of personnel rights. The time has come when it is difficult to operate a business properly in China unless the labor law is clearly understood and systematic personnel management is done.

1. The changing times of the labor law system

The Labor Act (1995) and the Labor Contracts Act (2008) are at the center of Chinese labor laws in line with the Korean Labor Standards Act. However, special attention needs to be paid to the fact that the labor law and the period in which the labor contract law were enacted are different. First, let’s look at the background of "labor law."
As the Tiananmen Square Civil War broke out in 1989, the reform-opening policy that had been pursued until then faces a major hurdle. The temporary suspension of reform and opening gained momentum again in the wake of the Namsun Ganghwa in Dengsopyeong in 1992, and the Kang Taek-min and Joo Yong-ki administrations, which were inaugurated just in time, began to pursue reform and openness policies in earnest.

Under the banner of the doctrine of Zen Buddhism advocated by Deng So-pyong, it was at that time that an extreme wave of economic commerce swept across China. The 1995 Labor Act is China's first basic labor law, which was enacted under this period. At the time of legislation, workers were not subject to protection from capitalists because the majority of workers were under the ironclad employment system of state-run companies. In addition, the need to support economic growth and absorb large amounts of rural workers rushing to cities existed, so such an era situation was reflected in the labor law as it was.

Age of Labor Law - Pro-business legislation focused on economic growth
The labor law applied the "principle of contract freedom" of labor-management equality to the fullest extent, as in civil relations, without considering the special nature of labor-management relations in unequal relations due to the inherent imbalance of power.

Based on this, companies were able to improve their employment elasticity and curb labor costs low by repeating their one-year labor contracts, and at that time, Chinese labor officials were mainly engaged in administrative work such as hiring and leaving. In other words, in the era of labor law, because the reaction to the "iron rice bowl" employment practices of the Mao Tse-dong era in the past allowed unlimited employment of short-term contracts based on the "principle of contract freedom," businesses had to concentrate only on production and operations, which in turn contributed greatly to China's growth into a "world factory."

Labor Contract Law - Pro-labor legislation focused on social stability
However, in the shadow of high economic growth, workers who have become socially weak have begun to complain as the gap between the rich and the poor has deepened day by day. The Hu Jintao-Wonjeobao government, which emerged in 2002, shifted the idea of state affairs from "economic growth" to "a harmonious society" and put forward a "pro-people policy" aimed at stabilizing social stability and governing power. In the labor sector, legislation was initiated to protect the weak from the strong capitalists, and the results were in the form of a series of pro-labor legislation, including the labor contract law.

By the way, the Labor Contracts Act, which took effect in January 2008, turned China's labor law environment into a labor-friendly one. Since the Labor Contract Act is a pro-labor law enacted by slanting to workers to correct the imbalance in power between labor and management, companies have been reduced from strong to weak, placed under restrictions in exercising personnel rights and greatly raised labor management risks.

Since then, eight years later, in 2016, workers have contributed to protecting their rights, but there have been moves to revise some rigid provisions in the future, as voices of concern have erupted from the government’s high-ranking and industrial circles that the flexibility of manpower employment and rising employment are causing corporate competitiveness and foreign companies to withdraw.


2. Labor contract law and personnel management

Labor Contract Act - Special Act on the "labor contract part" of the Labor Law
The Labor Contract Act was enacted as a special law, separating only the parts of labor contracts from the labor laws. Thus, the Labor Law, a comprehensive law that defines labor relations comprehensively, remains in effect after the Labor Contract Act took effect. However, due to the advent of the Labor Contract Act, the previous provisions of the Labor Contracts Act, which relate to labor contracts or contradicts the prestigious provisions of the Labor Contracts Act, are suspended.