배움과 공유의 시간

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.

01 Types of Employment

Since the Labor Contract Act took effect in 2008, legal risks for regular employment have increased sharply. The Labor Contract Act was because it significantly strengthened the legal protection of workers by directly linking corporate illegal labor activities to economic compensation to workers in order to ensure stability and long-term labor relations. Given the increased risk of regular employment, it is necessary for an entity to break away from the single shift in regular employment and increase the elasticity of employment by using various types of non-regular employment suitable for the job characteristics.


1. Types of employment patterns

If the company requires cleaning staff, there are various types of non-regular employment as shown below.

1) Contracts with cleaning company are contracted and the cleaning work is entrusted. - Business supply (contract)

2) Employ non-one-time (part-time) staff. - Non-daily employment (direct employment)

3) Hire a retired person. - Retirement inventory (civil accident)

4) Through a labor dispatch company, dispatched workers are employed. - Employment of labor workers (indirect employment)

5) A full-time employee shall be employed as a full-time employee and shall be exclusively responsible for cleaning. - Form of formal employment (direct employment)

From the standpoint of the company, it would be reasonable to choose the employment method of 1),2),3) that has no obligation to pay social insurance or to pay economic compensation, and that can terminate the use relationship at any time. However, most of the company's jobs require professionalism and responsibility, and therefore do not have a variety of options, such as hiring cleaning staff.

With the labor cost burden of regular employment and strict restrictions imposed on legal dismissal, it is necessary for the company to manage the workforce by combining employment in the form of non-regular workers, moving away from the single employment of regular workers, taking into account their job characteristics, importance and possibility of substitution.

2. Risk of temporary public employment

In China, temporary work is called various terms such as 小 and 钟点工. However, with the promulgation of the Labor Contract Act, it was clearly legally prescribed in the form of "non-one-time" employment. For only a few months, they should either hire full-time full-time workers or in the form of part-time employees. The legal risk is very high if full-time employment is hired on a temporary basis without signing a contract that clarifies the type of employment. Social insurance, including double wages and economic compensation for failure to pass a written contract
It may be required to pay supplemental payments.

[Example] Risk of liability for compensation for temporary public employment

Because the industry is clearly divided between the peak and the off-season, many auxiliary workers are needed during the peak season, and these auxiliary workers are employed at peak times. The president of the company thought that because these workers were not full-time employees, they did not have to sign labor contracts and paid according to working hours.
At the end of the three-month grace period, as the company tried to retire after notifying "temporary workers" of the termination of their work duties, they had demanded that they pay double the wages for the period of non-payment of labor contracts as well as economic compensation.
In court, the company was ordered to pay 0.5 months of economic compensation for each person, two months of unpaid compensation for a written contract and a total of 2.5 months. After all, due to the lack of understanding of the law rather than the workers, they paid the harsh price of hiring for three months and paying 5.5 months of wages.


[working-level measures]

When an entity needs to perform a particular task on a temporary or seasonal basis, approximately four types of choices exist.

1) Non-one-time (Arbyte) Employment: In this way, non-one-time labor contracts are signed.
You can hire. However, working hours are limited to an average of 4 hours per day and 24 hours per week.
Not suitable for full-time work.

2) Labor party recruitment methods: indirect employment through labor dispatch companies. Short-term indirect employment for weeks or months is also possible in cases such as sales promotion sources, but normally for general positions, the contract period of two years is required by the labor dispatch company.

3) Civil accident: Retirement workers after 50 years of age and 60 years of age are not regarded as laborers under labor laws, so they can sign labor contracts and hire them full-time.

4) Delivery of work: Subcontract the entire related work to an outside professional. For example, packing, material injection, etc.