배움과 공유의 시간

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.

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.