배움과 공유의 시간

4 Securing evidence of consent for job adjustment

[Example] Appeals of labor arbitration by oral job/wage adjustment
In 2009 회사는4, the company adjusted its employees from administrative accounting to rear support ( 후방) and reduced wages from 8,000 to 5000. 반10, half a year later, the company refused to comply and paid wages by unilaterally adjusting its duties, and applied for labor arbitration seeking economic compensation after notifying the cancellation of the contract.
(Explain)
The company submitted the employee's signed wage statement to the Labor Arbitration Commission. Among them, duties and wages under the supervision of the rear support department were specified in the 2009 年 4 wage statement, and the non-conformity listed as follows. "The signature may not be signed if the segments, duties and wages are adjusted and the employees do not agree to the adjustment, and the signature of the receipt is an expression of consent to the adjustment (部门,职务,,,,).
Based on this, the company was able to win the case.

In companies, job or wages are often downgraded verbally. In this case, it is the principle to receive a confirmation signature by sending a formal job/wage adjustment notice, but in case of difficulties, the company has secured evidence that the employee has agreed to the oral adjustment and can have the effect of replacing the written change of the labor contract when the employee signs it with the above statement.

(5) Year-end bonus payment

Year-end bonus (or also called 13-month wages) is not a legal obligation in China. Bonus
Payment of gold is a matter of internal management of the company and is not a category of forced labor laws, so it is up to the company to decide whether and when to pay the bonuses.
However, the payment terms of the year-end bonus are limited to employees who are in the position at the time of payment.
If not specified, the end of the year will be commensurate with the length of service in the year from the retirees.
They will be asked to pay bonuses. In fact, many years ago in Shanghai, related to year-end bonuses,
A series of lawsuits have led to dozens of companies losing their jobs one after another. from a retired person
In order to prevent litigation in advance, the employment rules related to the year-end bonus payment need to be readjusted
do

[Example] Retirement employees' year-end bonus claim

Kim Sun-saeng joined a foreign-invested company in January 2012 as a sales manager and on a 13-month salary basis with a monthly salary of 5,000 yuan. On Dec. 1, 2012, a month before the end of the year, Kim tendered his resignation and a dispute broke out between labor and management when he settled his salary.
ᄋ Mr. Kim claims: 13 months' pay as agreed upon upon entry into the company. In other words, they are entitled to a salary of CU5,000 x CU11/12 = CU4,583 in proportion to the month of service in 2012.
ᄋ Company claims: Thirteen-month pay is a year-end bonus, which is an implicit rule of the Company not to pay employees retiring from less than one year in office annually. Kim Sun-saeng's request cannot be accepted because his employees have accepted it for the past 10 years.
(Decided by the Labor and Arbitration Commission)
Kim Sun-saeng and the company's labor contract states that" 13-month pay is calculated on the basis of 5,000 won, and no restrictions exist. Since the company has agreed to pay the 13-month salary, it must settle the payment according to the labor contract to Kim Sun- The implied rules of the company are not legally valid.

[working-level measures]

1 Appointment to be avoided
In the case of an agreement to pay one month's basic salary as a bonus at the end of the year, for example, when a retired worker files a suit demanding a 0.5 month bonus at the end of June, the company will have to pay it based on fairness and the principle of "same labor-work-same pay."

2 A desirable arrangement
The arrangement shall be made by switching to the form of a "conditional" year-end bonus associated with the performance. In this case, the original meaning of the year-end bonus (differential payment based on employee contribution) can be saved while avoiding the demand for bonuses by middle-aged retired employees. For example, if an employee makes a high performance table that combines conditions such as attendance, work attitude, and performance indicators, and if the employee makes a bonus payment standard based on the results of a high performance, the middle-aged employee is excluded from the performance altogether. On the other hand, it is also necessary to make clear that the employment rules exclude retired or laid-off workers from the year-end bonus.

[Example] Employment rules - Year-end bonus clause
In the case of year-end bonus, the company shall pay the employee in charge on the basis of the company's management performance and the employee's performance in the middle of January of the following year. In the case of employees who resign or whose labor contract has been canceled at any time before the year-end bonus payment, the company shall not obtain the year-end bonus paid in the year.
年终奖,公司统一于第二年一月中旬,根据公司经济效益及员工工作表现支付给在职员工,在发放年终奖金前的本年度内任何时候,本人辞职或者因故被公司解除劳动合同的员工,均不可享受公司当年发放的年终奖。

(6) Wages during the leave of absence
　
Due to economic factors, such as restructuring or a sense of order, the company has been suspended for a certain period of time (停工
停产) If a worker is ordered to wait for home, the company is required to pay only the cost of living to the worker in accordance with the local wage payment regulations in the area in question, and the cost of living paid may be lower than the minimum wage standard (Article 12, Clause 58 concerning a slight problem with the implementation of the Labor Act). In most provinces, home-to-stay employees, the minimum wage has been increased.
It allows a reduction of 70 percent or 80 percent.

1 Legal wage standard during the period of suspension of operation

If the company orders employees to be placed on standby due to the suspension of operations, the company shall pay them based on the normal wages promised in the labor contract in the month of the declaration. From the month after the declaration, wages should be paid according to local laws.

2 Wage payment method by type of worker

(a) Waiting-for-Home Personnel:
The central wage payment regulations state that they are in accordance with the relevant laws of the state.
The specific standards are set, and the specific standards are determined in accordance with the wage payment regulations of each province.
In general, up to 70 to 80 percent of the minimum wage is allowed to be lowered.

(b) Personnel to Work:
For the maintenance of the company's facilities and production of minimum orders, even during the period of suspension, some
A limited number of employees who report to work on a day, in which case, by agreement between labor and management,
It can be paid at a lower cost than the wages under the original labor contract.
In the case of Soju, Kang So-sung, if there is an agreement between labor and management, it is subject to the agreement, but if there is no agreement,
Based on the working days × 1st-class, home stay days × 80 percent of the minimum wage standard.
It is stipulated that payment be made. In most areas, except for ferromagnetic soju, specific
If there is no calculation method, but there is no separate arrangement between labor and management, the above-mentioned
According to the soju method, it would be reasonable to pay by calculation as follows.
Number of working days ×Won daily wage × Number of days to stay at home ×[A]%
(Note 1) [A] ratio: 70 in Beijing, 80 in Cheongdo, etc. for each city.
(Note 2) Daily wage standard: basic monthly wage plus allowance, subsidy, etc.)/21.75.