배움과 공유의 시간

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