배움과 공유의 시간

strike countermeasures

Most strikes are caused by very little, or one or two people.However, most of these trivial matters relate to the interests of many other employees. Thus, if an entity misrespects or misses the timing at an early stage, such trivialities or one or two related tasks will arouse empathy for other employees, resulting in a collective group of requests.
If the number of sympathetic employees increases and another unreasonable demand is poured out all at once, the company will not be able to accept the demands of its employees and the confrontation between labor and management will eventually proceed as a strike.

1. Conduct an immediate investigation to identify what factors caused the strike to take place, and accurately identify the progress of the strike. This judgment accurately determines the direction and control of the strike and its ripple effects in case of non-control.

2. We should take a position of emphasis on the needs of the staff. And this is basically a demand.
To relate to the employee's own interests and try to pressure the company with strike action to meet the benefits
Due to.

3. Analyze whether the demands submitted by the staff are representative and which employees and departments are relevant. If the demands of the staff are unrepresentative and concern the interests of the few, it is unlikely that the strike will escalate. However, if the needs of the staff are representative, they are likely to result in a collective strike and therefore require caution.

4. Analyze the differences between the needs of some employees who first raise questions and the interests of most other employees. The next step is to identify differences between some employees’ interests and the majority of employees’ interests, and to clearly explain the benefits to the majority of employees and to calm down their emotions.

5. Analyze the rationality and legality of some staff needs. The company said that the employees who started the strike had no intention of doing anything wrong.
You must conclude that you have. In accordance with laws and employment rules, the entity conducts good communication with the employees and clearly notifies the employees of irrationality and persuades them by law when it comes to excessive or unwarranted demands. In other words, unreasonable demands should be removed from the requirements and reasonable demands should be met in a serious manner.

6. After the strike, communicate with the employees who participated in the strike at the first time. The company emphasizes that it will actively respond based on laws and employment rules. At the same time, explain to employees that if they think their needs are unprotected, they should be required through normal channels, or through the Court of Arbitration for Labor.

7. If more than 10 striking workers are gathered to affect the company's normal production management or there is a possibility of conflict between striking workers and non-strike employees, the police shall immediately report it to the public security agency to maintain the on-site order. This point is very important. This is because it is difficult to carry out violent acts when public security agencies are on site, and labor-management consultations can be held in a more stable atmosphere. 　

8. In the event of a strike, on the one hand, the company will be required to pay the strikers for losses caused by the suspension of operations, on the other hand, and the employee's strike action is a severe violation of the company's employment rules, which informs the company that it has the right to dismiss or break the labor relationship, thereby encouraging employees to take action through normal channels.

9. The company must establish a crisis management team. It's usually led by human resources, negotiating with striking workers, and negotiating with them.
Proceed. The city maintains an attitude of disagreement with the unreasonable demands of its employees.
Some reasonable content shall be noted that the employee's needs will be valued, and until the company concludes its review, the employee shall be required to regain his composure and return to work normally.

10. For the minor requirements of some employees, by meeting them first, some of the striking employees are working as a company.
To reduce the number of strike participants by encouraging them to return.

11. Control the aggravation of the strike, and be patient in the negotiation, time will solve the problem.
After a certain period of time, the emotion of the employee calms down and the emotion stabilizes. instability of the majority of employees
One sentiment also becomes calm, and the situation develops in a direction favorable to the company.

12. Many employees who participate in the strike are interested in meeting their interests. So, the company has a long-term relationship with the company.
step by step to improve the employee's treatment. The improvement of Daewoo is never without immediate effect on the strikers' demands.
It should not be done in reply. If the company meets the needs of the staff immediately, the employees will be able to do so
The second and third strike will take place. Therefore, in response to employee needs, the company will be able to schedule the future
They are willing to meet the deadline gradually. For example, there is no immediate pay increase.
Increase the performance incentive rate at the end of the year, increase the amount of bonuses, etc.
It is desirable to meet the requirements with .

13. Write a report to be sent to the relevant sectors such as labor inspection without delay. In the event of a strike, the workers
There is a high possibility of filing a complaint against the labor watchdog. Therefore, the company shall provide detailed information on the involvement of the labor inspection division.
A plan must be prepared. The best thing is to persuade the labor inspection sector to allow employees to stay on track.
induce to solve a problem through negotiation or mediation.

14. Do not dispose of the staff who caused the disturbance immediately. If you file a disciplinary complaint, it's bound to cause a bigger disturbance.
It will happen. When a strike is just about to begin, the people who lead the strike are often considered heroes and in their interests.
This is because he is recognized as a representative. Before the situation is resolved or settled, the strike leaders are asked to respond to it.
The disciplinary action could serve as an opportunity to aggravate the strike.
15. Encourage employees to write about their requirements in writing, and keep communicating with the staff.
It calms employees' minds by conducting a case.

16. The employees' bosses, friends, relatives, and colleagues are mobilized to persuade employees to go on strike.
It is recommended that you solve the problem, go to work normally, and make reasonable demands. The company recommends employees to come to work normally.
I promise to give certain mental and material incentives to my superiors and colleagues.

17. The company shall, after the end of the strike, punish the employees who led the strike by looking at the appropriate time.
The company is bound to suffer major losses from the strike. a group of employees who do not go through normal channels.
Because it is a clear mistake to take action, the company will be punished for this undesirable act.
It must be done. Otherwise, the company will again have a second strike.

18. The company identifies problems in personnel management immediately after the end of the strike and improves the treatment and welfare of employees.
Prevent recurrence by doing so.

the statute of limitations in labor proceedings

(1) General prescription of labor arbitration

The time limit of labor arbitration is generally one year, and the worker is calculated from a date when he or she knows his or her rights have been violated or rightly considered to be. In the case of a general labor dispute, rights relief shall not be granted if labor arbitration is not applied within one year after the occurrence of a rights violation. In addition, a worker shall not receive a right relief from the statute of limitations unless he or she raises a labor arbitration within one year of retirement.

Labor claims twice as much, but lost due to the statute of limitations
Sohn joined the company as a truck driver from 2010 年1 and 1 day, and paid 5,000 won per month, but he continued to fail to sign a written labor contract. However, the relationship with the boss deteriorated to 2015 해제1111, and the company was relieved of its labor relations with the company for economic compensation Two months after his retirement, Sohn applied for labor arbitration from 2015 年3月1 and asked the company to pay 300,000元 (5,000x 12 months x 5 years) in double the wage difference from the failure to pass a written contract for five years.
(Explain)
The Labor Arbitration Commission rejected the workers' request, saying the labor arbitration limit was more than one year. In the case of double pay, the right to claim is extinguished if the worker does not claim quickly because the name is similar to labor compensation, but is actually a penalty (a penalty), because the statute of limitations is strictly subject to "one year" as in the case of general labor arbitration.

(2) Special prescription of labor arbitration;

Related to labor conservatism, or wages, is difficult to file a lawsuit until workers retire because of worries about losing their jobs. Thus, the Labor Dispute Arbitration Act stipulated that "labor conservatism" should not be subject to one year’s "timely" restriction, with an exception.
In other words, labor disputes arising from the overdue payment of labor remuneration (wages, overtime expenses, etc.) during the duration of the labor relationship (retirement) shall not be restricted to one year of labor arbitration, and may be filed retrospectively for issues of more than one year in the past. However, from the end of the labor relationship (retirement, dismissal, etc.) the application for arbitration shall be made within one year for labor arbitration, and the application for arbitration may be made for infringement of labor remuneration-related rights for all periods in office.
Theoretically, the company’s burden of proof is limited to two years, and workers themselves should present relevant evidence for retrospective claims exceeding two years, since unrestricted historical claims can be made for labor, but the obligation to store the records of wages is actually set at two years.
The most commonly raised overtime costs belong to "labor conservatism," so the period prior to the tenure of the office is subject to a labor arbitration claims. For a meticulous worker, unlimited retroactive claims can be made if all the evidence is carefully taken up to two years ago. However, in reality, such cases are very rare, so in general, if the company’s overtime payment is found to be true, the judgment on retroactive payment is made only for the two years under which the burden of proof is imposed.

[Management Arbitration Act for Labor Disputes]
Article27 The time limit of applying for a labor dispute is one year. The time limit for arbitration shall be calculated from the date on which the party is aware or rightly aware that the right has been infringed.  Regulations for General Time Effect
In the event of a dispute arising from a delay in payment of labor remuneration during the duration of the labor relationship, the application of arbitration by the worker shall not be limited to the effective period ("one year") of the arbitration prescribed in paragraph 1 of this Article.
However, if the labor relationship is terminated, the application shall be made within one year of the end of the labor relationship.
 Regulations for Special Time Effect

5. Response to a labor dispute

(1) Appropriate countermeasures in the event of a labor dispute

1 Pursue the settlement of labor disputes (x)
In this case, the solution was smooth.The coast may be very high, depending on the number of positions.
Also, you cannot accumulate direct experience of labor litigation, resulting in a vicious cycle of continuing to rely on the city.
Become.
2 Promote a private negotiation solution with workers (x)
This gives workers the impression that the company is on edge, so it is likely to increase the level of demand and complicate the agenda. Prior to the revision of the Labor Arbitration Act, private negotiations by the management should never be pursued.
3 Finding a professional labor lawyer and preparing for litigation (o)
In case of a competent lawyer, even if the company is disadvantageous in the case of a labor lawsuit, it can be adjusted to the proper extent by communicating with the arbitration committee or the judge.

(2) Handling of labor arbitration

1 Analyze whether a worker's request for arbitration is reasonable
The management first analyzes whether the workers' arbitration claims are reasonable and legal, and analyzes and summarizes reasonable and unreasonable demands among the contents raised.
2 Progress of investigation on facts and grounds stated by workers
The facts and grounds of the workers' statements in the application for labor arbitration shall be investigated and the facts shall be confirmed.
Identify what is and is not true.
3 Aggressive collection of evidence
Collect and organize evidence to be submitted for refutation on matters where the worker's statement does not conform with the facts.
4 Pre-analysis and prediction on the direction of the dispute plan
An analysis of labor arbitration claims by workers and related evidence collected
On the basis of that, the primary judgment is on the outcome of the agenda.
5 Preparing a solution
A solution is prepared after pre-analysis and prediction is made. Present a "coordination" plan with the worker and review whether adjustment should be made or terminated by a ruling. If you're working with a worker
If "reconciliation" is required, the company shall prepare the minimum negotiating conditions to be presented during "adjustment".
Some of the malicious issues are lack of evidence, and the company may not agree to the adjustment even if it is at a disadvantage, and may choose a time-consuming and cost-effective way of putting pressure on the opponent while continuing with the first and second trials in consideration of their impact on other employees.

(3) Precautions during the handling of labor disputes

1 Avoid escalation
In the event of a labor dispute, a fundamental problem exists in the company, and it is used as an employee.
If there is a possibility of expansion, it can be negotiated in an unexpected direction.
It is good to prevent the situation from escalating.
A worker demanded 2,000 billion won in compensation for failing to pay social insurance when he moved, but the company refused. The employee then filed a complaint with the labor watchdog and had to pay hundreds of thousands of yuan in fines as inspection results revealed many illegal labor practices.
2 Importance of Labor Arbitration
In the absence of attendance at the Labor Arbitration, the company shall be deemed to have given up the right to answer and refute, and arbitration is highly likely to make adverse decisions to the company based on the evidence submitted by the worker. Therefore, rather than let it go and give up, the company should actively respond to lawsuits, minimize losses, and try to shift to its advantage.
3 Do not give up prematurely even on a high possibility of losing.
Admitting the opponent's evidence under any circumstances. It is important to note that the defeat should not be rashly acknowledged, and that even if there is virtually an illegal part of the company’s action, his claim, unless there is sufficient evidence, is equally unlikely to win the support of the arbitration committee or the court.