배움과 공유의 시간

3. Working-level measures for sick leave management

Brokers selling fake sick books on the Internet are rampant, and many workers are using them to fake illnesses. There are many measures to prevent abuse of sick leave, but the most effective way of doing so is to reduce the amount of sick leave to the maximum.
The calculation formula for sick wages is not unified across the country and varies from region to region. The two factors that determine sick pay are the wage term 2 payment rate. Of these, how to do the "payment rate" is defined by local legislation in each region, which creates legal risks if a company violates it. However, how to set the "wage term" exists in a flexible way for the enterprise.

Most companies pay based on "basic pay," not ordinary wages. At this time, what turns into a labor dispute is not a short-term sick leave of days or weeks, but a long-term sick leave of more than a month. In this case, a labor dispute may arise with respect to the basis for payment of sick leave wages. Since the generous calculation of sick leave from the perspective of personalization management can lead to the abuse of sick leave due to the lack of Daewoo's regular business trip, the company needs to study ways to reduce the payment of sick leave as much as possible, and it is enough to make up for the difference even if a lawsuit arises from the difference in sick pay, so there is no need to be excessive legal correspondence.

[discussing the number of sick leave calculators in Shanghai court]
In late 2014, let's take a look at the debate on sick leave and overtime calculations in Shanghai City Court.
Discriminatory application standard for sick leave wages and overtime calculation machines
Number of hours paid for sick leave calculation and number of hours spent calculating overtime expenses
In case there is an agreement between labor and management (when the agreement between labor and management is concluded, etc.), the amount agreed upon by both parties shall be included in the same.
* The number of sick pay periods should be 70 percent or more of the normal work wage (the expected income of workers if they report to work normally) as agreed upon by both parties.
* If the agreed normal work wages of both parties are clearly unreasonable, calculate them as 70% of the net income.
In the absence of an agreement between labor and management, in the absence of an arrangement, in the absence of an arrangement, 70 percent of the normal working wage, or in the absence of an agreement, the actual wage standard for the workers is not clear.
(Note) Normal working wage: fixed monthly, excluding overtime or irregular bonuses
wages paid

As shown in the table above, the Shanghai District Court judges that there should be a clear distinction between the number of overtime pay calculations and the number of sick pay calculators that do not provide normal labor (the position that overtime pay should be applied more strictly than the number of sick pay periods).
If a labor-management agreement is made in advance and the amount is not lower than 70 percent of the total wage, the court shall not consider the labor dispute as a violation of the law. Even if there is no agreement, 70 percent of the actual normal wage is the number of sick leave wage calculators, which is not a violation in Shanghai. This is the judicial judgment standard in Shanghai, but other local-based companies may also be able to set up and operate sick wages at an appropriate level.
[Example] If the basic wage (or job pay, including key wage items such as job allowance) is about 70% of the normal monthly wage (excluding overtime expenses), the labor contract clearly states that "the term of the sick pay shall be paid."

Reasons for submitting employee false sick leave
If a worker avoids going to work due to various causes, or if there is a labor dispute with a company, the usual method is to submit a sick person. Reasons for submitting false or over-paved sick leave exist as follows:
ᄋ Suffering from the long-term disadvantages of personal request, personnel performance and year-end bonus, the medical institution submits the number of sick people instead
ᄋ Even though it is a small disease, it is over-paved as a major disease, so long-term rest from illness (especially in third-term women)
ᄋ In the event of a dispute with the company, a long-term sick person is paid to avoid going to work (sometimes aimed at obtaining economic compensation by inducing the company to lay off).
ᄋ Submit sick employees to receive notification of termination of labor contract and to receive medical equipment that cannot be fired for a certain period of time
ᄋ Payment of long-term sick leave and double-occupation with other jobs outside

[working-level measures]

If false sick leave is widespread in-house, it will lead to lax corporate regulations as well as lower productivity and higher labor costs. To prevent this, companies need to create and operate a standardized sick leave management system.

1 Limit of hospital issuing sick leave (most important)
The majority of Chinese companies are required to attach sick leave certificates issued by "the city’s second or current hospitals" or higher when submitting sick leave to employment rules, even those issued by third-grade hospitals. Otherwise, there is a possibility of easily issuing and submitting sick leave certificates through first-class hospitals or clinics in small, poorly managed neighborhoods.
In the case of large-scale factories with thousands of employees, a number of hospitals in the city are designated to submit sick leave certificates for examination. Depending on the size of the city, a designated hospital is also available for large cities. For smaller companies, it is necessary to clearly limit hospitals that issue sick leave certificates to second-class hospitals or medical insurance designated hospitals in cities where they are located.

Hospital Classification Criteria in China
ᄋ Class 1 Hospital (with less than 100 beds): In Korean terms, a health center, a clinic, and a small hospital
ᄋ Second-class hospitals (with a bed count of 101-500): Hospitals that perform comprehensive medical services
ᄋ Class 3 hospitals (501 beds or more): so-called general hospitals, university hospitals, etc.
** Class 3, 2 and 1 hospitals are again rated 3 according to the level in the same water supply.
Class 1 pack/sick/sick/sick/sick/sick

2 It is mandatory to attach relevant evidence to the application for sick leave (most important)
The application for sick leave [Sample 6-2] shall use a prescribed form containing the doctor’s name and telephone number, and shall be available for confirmation if necessary. In addition, for example, sick leave of two days or more is required to attach the medical leave certificate of one hospital to the application for sick leave of one day or more to prevent abuse of sick leave.
Medical registration card, medical record card, medical expenses receipt, etc.

Attachment of evidence shall not be approved for sick leave, but shall be deemed to be a personal request price and treated as unpaid If the company refuses to submit a written request for a sick leave, it shall be treated as an unauthorized leave of absence, send a letter of notice to work in writing, and if it fails to comply with the company's employment rules, the company shall take measures to cancel the contract.
In particular, it is mandatory to issue an official receipt, such as a pharmacy issued by a hospital, when an employee is on sick leave for more than a certain period of time (e.g., more than five days) in order to prevent the employee from repeatedly submitting sick leave or suddenly requiring long-term leave. Since the official receipt is printed on the printer, the company can go to the hospital on the basis of which both the person's name and time exist.

3 Strict procedures for screening of sick leave
Depending on the number of sick days, senior citizens, personnel managers, and even general accounting, the payments are made in stages.
The institution thoroughly checks if the requirement is met when submitting by long-term hospital staff, as it stipulates that the approval procedure is carried out. For example, approval of a department manager who has been on sick leave for three days, approval of personnel affairs for five days or more, and approval of general account for seven days or more.
It is desirable to divide sick leave into two types for the convenience of the entity’s labor management.
(a) within 30 days: short sick leave;
(b) Over 30 days: long sick leave
In case of long-term sick leave, the medical device is also required to be re-examined at the company-designated hospital, if necessary.
Upon written notice, the medical institution shall take measures to terminate the labor contract if the medical institution fails to return even after the expiration of the medical institution.

4 Specify the authority to review sick leave of the company
In China, the issuance of sick leave certificates issued by brokers is common. Therefore, if the company raises reasonable doubts on the sick leave certificate submitted by the employee, the employment rules shall state the right to require the employee to go to the company-designated hospital for a re-examination.
The main targets of the re-examination include the submission of sick leave several times on a weekly or two-week basis, the submission of excessively long-term sick leave (certificate of sick leave for more than one month) or the submission of suspicious sick leave at the time of labor dispute with the company.

5 The employment rules stipulate punishment for false patients
The employment rules stipulate the punishment rules for false diseases, and the corresponding regulations are based on them.
take punitive measures For example, the act of submitting false sick leave is a serious violation of the company's rule system and specifies that labor contracts can be lifted.

6 Rational reduction of sick pay
If medical care is good, income that is not much different from normal business trips is maintained, so it is more likely to happen, such as deliberately submitting a false hospital, making a small bottle into a large bottle, or taking long-term sick leave and holding a concurrent job elsewhere. Therefore, it is desirable to create a wage structure so that the longer the sick leave, the less wage income.

ᄋ By changing the single wage structure of "basic pay + allowance", the proportion of other items is reduced and the resulting variable bonus items are expanded (if there are no existing items, new items are newly created and part of the wage increase is allocated).
Decrease or cancel performance bonus if monthly sick leave exceeds a certain number of days
ᄋ In connection with the annual absenteeism and tardiness situation (the number of days for which the medical leave is extended), the year-end bonus shall be paid by reducing the proportion of the employee with a long period of sick leave to a certain percentage corresponding to the period of sick leave, rather than paying a fixed amount to all employees
ᄋ The employment rules state that if the sick leave period reaches a long period of time, the employee will not be subject to wage hikes. For example, for those who have accumulated more than one month per year, they are not eligible for regular wage increases.

2. Wage for sick leave

(1) Rules for calculation of sick wages

The sick leave consists of two parts: the sick leave wage term and the sick leave wage ratio. During the period of sick leave, the employee does not provide normal labor, so sick wages should be naturally lower than normal wage levels. Therefore, calculate the sick rate by discounting it twice as shown below.

Calculation formula: sick leave wage term (base) × sick leave wage ratio

1 Number of sick leave wage terms: the number of sick leave wage terms, for example, "basic salary," etc.
In the case of a calculation, the number of units (bases) becomes the agreed wage item, not the entire wage. therefore
Focusing on major fixed wage items, excluding allowances, subsidies, and performance benefits, on labor contracts
It is desirable to make an agreement on the number of sick pay periods.
2 The rate of sick pay varies somewhat from region to region, but most regions have a percentage depending on the number of years of service.
be set at a different level The sick leave period will be six months on the alert, and the payment ratio will be lowered.
[Wage for sick leave] = (Number of sick leave wage calculators (基数)2121.75) × rate of sick leave × days of sick leave

(2) Applying the combination of national unification and local rules;

The rules for the payment of sick wages exist throughout the country, and if there are no local rules, the national unification rules will be enforced nationwide.
Only unified rules apply, but if local rules are present, central and local rules are applied at the same time.

1 National Unification Rule - stipulate the minimum minimum wage limit for sick leave only
The minimum wage for sick leave is 80 percent of the minimum wage for the country. That is, sick leave is not an option.
It should be more than 80 percent of the minimum wage.

[A little bit of a question on the enforcement of Labor Law]
Article59 In cases where a worker is in the treatment period due to illness or non-work injury, in the case of a prescribed medical period, the entity shall pay sick leave wages or disease relief expenses in accordance with the relevant regulations, and the sick leave wage or disease relief cost may be lower than the local minimum wage standard, but cannot be lower than 80 per cent of the minimum wage standard.

2 Local rules - specifically stipulate how sick wages are calculated
Various local gender laws stipulating how to set up sick leave wage terms and the rate of sick leave wage rates in each province
As the entity operates (eg wage payment ordinance, etc.) and so on, the entity identifies the relevant rules of location.
need of
Among the local sick leave rules, Beijing is the most favorable to business. In the city of Beijing, one can make an agreement on the number of sick pay periods in labor contracts and execute them by lowering the minimum wage by up to 80 percent, regardless of the high wages of one's own.
The majority of provinces except Beijing have stipulated that sick wages should be paid by multiplying the rate of payment by the length of time and years of service. Therefore, in order to reduce the number of sick pay periods (bases) as much as possible, the government should study ways to curb the level of sick pay by dividing wages into basic pay, performance pay, and allowances, and making arrangements for the period of sick leave pay as basic pay.

(3) Three types of sick leave pay by region

1 Based on the employee's years of service and wages, a certain percentage is paid (injury, reduced intensity, etc.)

This method is based on the draft Tax Regulations for Labor Insurance Regulations (1953), which stipulates that a certain proportion of one’s wages should be paid according to the number of years of service, and the higher the number of years of service, the higher the rate of sick pay. It is important to note that although the large frameworks are similar, they create independent regulations that vary from region to region and apply the criteria differently.

[Case - Injury City]

Number of sick leave wage terms (one discount) 병 rate of sick leave wage (second discount)

(1) First discount rule: Number of days of sick leave wage
The number of sick leave wage calculators can be agreed on the labor contract. The basis for the arrangement of calculation instruments means the predictable income acquired from normal commuting (including one-time or temporary income) and should not be lower than the 70 per cent criterion. If the two parties do not agree on the number of sick leave wage calculators, the calculation period of sick leave wages shall be determined on the basis of the above-mentioned normal commuting wage 70% 70 per cent.
(2) Second discount rule: rate of sick leave wages
The proportion of sick pay depends on the length of the employee's sick leave and the length of his or her years of service. Generally, the longer the period of sick leave and the shorter the service life, the lower the rate of sick leave wage.
Rate of payment of sick leave in case of injury
Percentage of payment in comparison to the number of years of service calculation for the company per sick leave
Within six months...
Disease leave payment
(疾病休假工资) 60% less than 2 years
70 percent in less than two or four years.
Over four years, less than six years, 80 percent.
Over 6 years, less than 8 years, 90%.
100% over 8 years
Over 6 Months--
Disease relief payment
(疾病救济费) 40% less than 1 year
50% less than 3 years over 1 year
60% over 3 years

(3) Upper/lower limit of sick leave wage
ᄋ Upper limit on sick leave wages: Monthly average wage for the previous year in case of injury (15: 5939元)
ᄋ Minimum minimum wage for sick leave: 80% of the minimum wage in case of injury (after the principal burden social insurance, kitchen utilities deduction)

2 Based on employee wages, a certain percentage is paid (Sandongseong, Shenzhen, Seomseoseong, etc.)

A typical model of this approach requires that 70 percent of one’s wages be paid as "bottlenecks" if the period of sick leave is less than six months, and 60 percent of one’s wages as "disease relief" if it is more than six months. In addition to Shandong Province, Shenzhen City and Seomseo Castle are also applying this method. In order to lower the number of "main wages," it is necessary to make a monthly commitment to major fixed items such as "basic pay" in labor contracts and employment rules.
He pays 60% of his wages for sick leave.
Simcheon City Employee Payment Ordinance, December 2004
Seventy percent of the promised wages for labor contracts are paid as sick wages.
Island Business Payment Ordinance, Inc.

3 Payment in accordance with the agreement of labor contract (North Gyeongsang, Kang So-sung, etc.)

The representative model of this method is Beijing and Kang So-sung, which is stipulated to pay sick wages according to the agreement of the labor contract. In other words, it is allowed to make an agreement between labor and management on the labor contract and implement it based on the assumption that the lower limit of sick wages (80 per cent of the minimum wage) stipulated by the national law is complied with.

[Wage payment regulations in the relevant provinces]
Article21 In the period during which a worker is on sick leave due to illness or non-work injury, the user shall pay the sick leave allowance in a lump sum on the basis of the agreement of the labor contract or collective contract. The sick leave paid by the user should not be lower than 80 per cent of the minimum wage standard in this city.
Article27 During the medical period prescribed by the State, sick wages shall be paid according to the provisions of the company's salary distribution system, labor contracts, collective contracts or relevant regulations of the State, and shall not be lower than 80 per cent of the minimum wage of the company's location.

01 Performance stock wage management

With the implementation of the Labor Contract Act strengthening the protection of layoffs and prolonged labor relations, wage management has become more important for securing personnel rights, meritocratic personnel and workforce metabolism. However, the Korean corporate wage system still has a rich Korean color, making it increasingly difficult to manage the workforce and the reality of employment in China. Korean companies are required to switch to a wage system that fits the local employment climate three to five years after the establishment of the corporation.

1. Single rescue wage system vs. Combined Structural Wage System

Wages once agreed in labor contracts cannot be changed unless agreed by workers. If the wage item is not split and the entire wage is agreed upon as a fixed salary, the company will not be able to exercise the right to adjust wages according to changes in employee's work attitude and performance. If wages are not linked to responsibilities and performance, and are operated under a seniority-type fixed wage system, the longer a company's history of advancement, the less willing it is to work.
The stagnant phenomenon of human metabolism will be unavoidable.
Many Korean companies use the simple Korean-style single-structure wage system even when they come to China. Although there is no burden of complex overwork and there is no friction between employees due to equal payment, the company can face difficult situations in which it cannot cut salaries and it needs to be fired even if employees show an unexpected position of work or need to be expelled.
Of course, low-wage businesses that have nothing to do with wages themselves being very low will have no choice, but continuing the fixed-wage system is not a desirable option in terms of employee management or labor costs.
The single-structure wage system has a fixed amount of wages, and once it is agreed to in the labor contract, the entity cannot unilaterally reduce wages, which in turn results in significant restrictions and restraints on the entity’s exercise of self-employment rights. In the case of the composite structural wage system, the variable portion can be flexibly adjusted according to the outcome of the high performance.

The single-structure wage system o-payment is fixed in the form of fixed amount, and the items are not split.
o Basic salary + allowance + overtime pay form
Combined structural wage system o wages are divided into two parts: fixed and variable.
o Basic salary + job pay (or job allowance) + higher pay + allowance + overtime pay form

The majority of Chinese companies adopt a combined structural wage system. In other words, the company only bears the risk equivalent of "fixed wages," while the remaining "varying wages" are passed on to employees. It goes without saying that it is a complex structural wage system that is advantageous to businesses.
The labor contract is carried out in such a way that only fixed wages (e.g., basic wages) with the nature of "living security pay" among employees' wages are clearly agreed upon, and the job pay and the variable portion are paid in accordance with the separate wage management system.

2. Basic Concepts of Multi-Structure Wage System

The percentage of employees employed for life is increasing day by day at companies with long history of advancement.
Some Korean companies are lax in management of non-fixed contracts, resulting in 90 percent of the dozens of office workers being employed for life. If the age of lifetime employment is not linked to the responsibilities and performance of the employees concerned, and the wages are operated under a fixed wage system of seniority based on the class system, the higher the percentage of employees employed for life, the greater the company's right to appoint personnel.
The event will be further constrained, and the personnel gridlock will be even worse.

(1) Dividing wages into three parts: guaranteed salary, job pay, and performance pay

When a non-fixed contract is concluded, the company must reform the wage structure to increase the proportion of job-level (job-pay) and performance-based pay, and in the case of employees with poor performance, the company needs to redesign to receive only guaranteed wages.
By changing the wage system into a complex structure, the wages of employees are divided into three modules: basic wages (guaranteed wages) and job wages (payments commensurate with positions in charge) and performance wages (payments subject to variable outcomes), minimizing the risk of unnecessary overpayment for employees with poor performance.
To do this, it is necessary to split the comprehensive "basic-level" items currently adopted by most Korean businesses into two. One is "basic level (guarantee level), the variable amount committed to the labour contract, and the equivalent amount of each job (occupation level) adjusted annually according to the in-house value and performance of the "occupation" that the employee is responsible for. In other words, the basic wage (guaranteed salary) must be paid as long as it is on a regular basis.
Igo, the level of duty is a "relatively fixed" salary paid, depending on the function (occupation) in charge.

Set a certain range for the job level

In this way, if you divide the job class into ranges of 5 to 15 grades for each position, each year the user will be able to measure the ability of the employee, the attitude of the job, and the level of compliance with this job requirement.
Depending on the outcome of the Korean review, it will be possible to raise wages and lower wages. In addition, depending on the performance (achieving) performed in the responsibilities, there is also a need to set up "performance" for variable payments.
Such a switch to the composite structural wage system not only allows the adjustment of variable salaries according to the outcome of the report, but also allows the portion of the job to be adjusted once a year depending on the employee's performance.

[Complex structuralization of wages (case) ]
One wage is divided into two parts: fixed wages and variable wages. Fixed wages are wages paid on a fixed basis, consisting of basic pay and job pay (or job allowance).
2 It is agreed that only fixed salaries are listed in the labor contract, and that other job and performance pay are carried out according to the company's wage system.
3 Job pay (or allowance) is automatically adjusted according to the change in the function in charge. The level of duty is determined based on the difficulty of the function in charge, relative value within the company, and importance.
4 Fluctuating wages are paid according to performance (performance) and are regularly paid separately by individuals in connection with performance evaluation, absenteeism and compliance with discipline.
(Explain)
If the wage system is structured as above, the basic wage portion will remain unchanged during the labor contract period.
However, other job-level and performance-based employees are resilient according to their individual skills and performance.
Adjustable. For example, if an employee's job supply is reduced, the job pay is reduced, and the performance is achieved.
In case of poor work performance, performance benefits are reduced by that amount, so the wage provisions of labor contracts are not included.
No change is required, performance-based personnel management is possible.

(2) Transforming the Korean-style position system into a job-grade system

In order to realize wage changes at the same time during job adjustment, it is necessary to switch from the Korean-style position system (employee-agent-chief-director, etc.) to the Chinese-style job pay system (depending on the level of job difficulty and the level of personal job proficiency). That way, the government can break away from the seniority-based system where wages are rigidly fixed according to rank regardless of the position in charge.
It will rebuild the organizational rating system around the concept of job-level, and create a system that will allow automatic changes in job-grade levels based on job- By setting the wage range (minimum-maximum) for each job and dividing it into several water supplies, the superior will be able to raise his or her job pay once a year and make substantial pay cuts for those who are in poor work.

(3) Installing variable wage items

The wage structure of most Chinese companies consists of two pillars: fixed wages (basic salary, job salary, position allowance, etc.) and variable wages (performance, bonus, sales incentive, etc.). In this case, the labor contract stipulates that only fixed wage items are promised, and variable wages are calculated and paid on a monthly or a certain cycle basis, based on the outcome of performance or performance, in accordance with the criteria specified in the separate company's wage management system.
In the case of variable wage, the adjustment payment is made according to the outcome of the employee's performance or performance.
As possible, they can be reduced legally within the range of variable wages. However, the price of an old fruit is high.
Unless carried out objectively and fairly, it is easy to cause employee complaints.
For this reason, Korean companies are paying 100 percent of the variable pay even after installing the variable pay item, resulting in a case where the variable pay is privateized and has no effect. therefore
In order to properly operate variable salaries, an overhaul of the over-the-counter system focusing on the quantitative and qualitative indicators of each job is required.

(4) Agreements on labor contracts to secure the right to adjust duties/wages

1 Changeable labor remuneration clause
In the labor contract, not only the amount of labor remuneration, but also the adjustment process of labor remuneration is agreed.
Adjustment of the amount of labor remuneration within the period of the labor contract (downward)
Allow adjustment (including adjustment).

3. Major rules for wage payment

Payment in money (principle of currency payment)
Wages shall be paid in the legal currency of the people's currency (Article 5 of the Immunity Settlement Regulations). Wages should be paid in money, and it is illegal to pay wages instead of their own products, for example, for bad management.

Payment on a fixed date (principle of payment on a fixed date)
1 Payment principle once a month
The entity shall pay wages at least once a month (Article 7 of the Immunity Regulations). Because the maximum payment cycle of wages is "months," for example, paying once every two months is in violation of the wage payment rules.
2 Payment on a fixed date
Whether at the end of the month or at the beginning of the month, the pay date needs to be clearly agreed. In addition, once the payment date has been agreed, the entity needs to pay the wages on the agreed date and, if the date is a holiday, the payment will be made on the previous date. Generally, Chinese companies are paying their former wages around the beginning and the middle of the next month.
3 In case a delay in the due date is recognized
Wages must be paid in full. However, if a private company occurs, such as a bad management, or if it obtains consent from the public association or workers, the payment can be delayed for up to one month. Without consent, the city of delayed wages may, in accordance with Article 38 of the Labor Contract Act, terminate the contract for unfair labor practices and request the company to pay economic compensation.

Full payment (principle of full payment)
Companies should pay full wages to employees, but they can deduct the following items.
ᄋ Personal income tax paid by employees
ᄋ Social insurance premium paid by employees, kitchen public money
ᄋ damages to a company
ᄋ Subsidies that must be deducted under the direction of the court

In the case of damages, the monthly deduction amount shall not exceed 20 percent of the employee's monthly salary and the wages after the deduction shall not be lower than the minimum wage standard in the area (Article 16 of the provisional wage provision).
For example, if a worker breaks an entity’s facilities, the entity may deduct damages from employee wages, but the monthly deduction should not exceed 20 per cent of the employee’s wages.
[Example] If the monthly salary of an employee who is required to pay a total of 6,000元 to an enterprise is 10,000元, the monthly salary deduction is allowed up to 2,000元 per month, and the deduction shall be made in three installments.

the delivery of a wage statement
Wage payment methods are possible, whether cash or bank transfer, but the payment of wages is mandatory for employees and a written record of the wage amount, time of payment, and the recipient's confirmation is kept for two years (Article 6 of the Contingency Regulations). the preparation of a wage table

Preservation is very important because it provides important evidence in the event of wage-related disputes. In the event of a wage-related lawsuit, the company shall submit its wage payment records, and under the Arbitration for Labor Dispute Act, it may face adverse litigation consequences.

4. Major points of wage management

(1) the payment of 임금 of the previous king

China's labor law stipulates that the payment cycle must not exceed "one month" and imposes only a monthly payment obligation, and there is no stipulation that wages for the month be paid in the month. Currently, many Chinese companies are paying the wages of their delivery by the beginning and the middle of the month, and some businesses are paying by the end of the month.
The reason is that 1 because many adopt a variable wage system, or performance-based pay system every month, which takes considerable time to keep records of delivery, tallying high performance figures, and settling wages, and a two-month suspension of wages is necessary to control workers’ absent-worker positions and prevent non-payment of company supplies and non-payment of handover.

[Example of Payment Regulations]
The wage payment date is designated in a regular cycle, not fixed dates. For example, from the 5th of every month,
Delivery wages are paid in a period of up to 10 days. Optionally, pay for delivery up to 10 days prior to each month

(2) Response to delayed wage payment

Wages should be paid in full on the appointed day. However, if a private company occurs, such as a bad management, or if it receives consent from the public association or workers, it can be delayed for up to one month. Without consent, a worker may, in accordance with Article 38 of the Labor Contract Act, notify one-sidedly of the cancellation of the contract due to unfair labor practices and request the company to pay economic compensation. Therefore, in the event that wages are delayed due to unavoidable circumstances, the evidence must be preserved in any form after consultation with the employees.

[Case] Labor litigation over payment of deferred wages

Five people, including Yang, are employees of an advertising company in Shanghai. 年8 2008 2008, they submitted a contract to the company in July to cancel the labor contract unilaterally, and applied for labor arbitration to claim economic compensation. At the Labor Arbitration Board, the company has already submitted evidence that it issued a notice to the company's entire staff of 8月10 days, saying, "The company had a civil lawsuit, causing a temporary freeze in company accounts, which would pay employees July wages between 8月20 and 8月28. However, five people, including Yang, admitted that there was such a notice, but insisted that it had nothing to do with the plan.
(Decision on Labor Arbitration)
The company issued a notice to the effect that it would be delayed for about one month due to the reason for the freeze in funds following the lawsuit. The worker pointed out that the company should show reasonable tolerance for the timely payment of temporary wages caused by management difficulties, and that "no delay payment" did not mean the same as "time payment".
Although the company failed to pay wages for July in a timely manner, the company rejected the workers' claims, saying it made utmost efforts to pay wages to the workers.

(3) Handing out wage statement

In general, an entity entrusts wages to a bank in the form of a wage card to pay wages by proxy. The bank's proof of payment is proof that the company paid wages. However, because the bank’s wage transfer evidence only shows the total amount of wages and does not show the composition of wages (basic pay + overtime expenses, etc.), in the event of a labor dispute over pay remuneration, such as overtime costs, an enterprise may face an unproven situation. Therefore, it is necessary for an entity to produce a detailed wage statement and, if cumbersome, obtain an employee’s confirmation and signature.
If it is difficult to get a written wage statement because of the large number of employees, there is also an e-mail delivery method. However, in the event of a labor lawsuit, if the employee denies receiving an e-mail or two, if the contents are denied, electronic data is easy to organize, unless notarized, and without other supporting evidence, it is difficult to adopt it as a basis in court. Thus, although primitive, receiving a written and printed wage statement confirmation is also a sure way to ensure that it is legal.

Wage Table and Wage Statement
The wage table is a table of the wage composition, amount and payment status of the entire employee.
Most companies keep wages a secret, so the payrolls are only used by the HR department for aggregation purposes. Based on the wage table, the wage statement for each employee is printed, and the wage statement records the wage composition, amount, and payment status of the individual, and the signature confirmation by employee is obtained, so the confidentiality of the wage information can be maintained.

(4) Designing wage specifications

Wage statements are the most likely documents to be submitted in the event of a labor action, and can be a useful means to protect the interests of enterprises in the event of a labor dispute if they are well designed to account for various risks in advance.

1 Risk management for overtime expenses
If the employee claims that he or she has failed to receive the overtime fee in the wage statement, instead of making the overtime pay item separately, the company will find it difficult to prove the fact that the overtime payment was made. Therefore, the wage statement must include items for overtime expenses separately, and the items for overtime work must be reconciled to one weekday overtime charge, two weekend overtime fees, three legal holidays, and the employee must be able to verify their signatures to prevent malicious overtime charges from being retroactive.
Currently, the rate of overtime surcharge is unified in China, but the number of overtime expenses varies according to local wage regulations for each province. Some localities (Gwangdongseong) require that only basic wages can be paid as non-regular overtime, and some localities are based on fixed monthly wages under normal working conditions, including basic wages. The question is what items of wages should be used as the basis for calculating overtime.
In general, many companies agree that the basic wage on labor contracts should be paid for overtime. No matter how the local overtime calculation unit is agreed upon, if the basic wage is promised as a calculator (other than the province that defines the total wage, such as Shandong Province, as the number of overtime pay), and if an item of overtime cost is made on the wage statement, the difference in the worst-case scenario of losing the case will be paid only. In this case, it is also effective to specify the number of overtime pay calculators in the category of overtime expenses and obtain an employee's confirmation and signature on the wage statement every month.

Absenteeism and tardiness record and wage statement
The most authoritative evidence to confirm the existence of overtime work is the absenteeism and tardiness record. If the entity fails to submit the absenteeism and tardiness records in the event of a dispute over overtime, the entity is likely to lose. Because it is the entity’s responsibility to manage and preserve the absenteeism and tardiness records, the entity will be held responsible for the unproven nature of the absenteeism and tardiness records.
The absenteeism and tardiness record sheet is required to receive a confirmation signature from the employee before monthly wage payment. However, in the case that it is difficult to obtain an employee's signature in the absenteeism and tardiness record book for various reasons, such as division of business and dispatch of work to other areas, the employee identification should be clearly indicated in the wage statement by referring to the specific absenteeism and tardiness record figures ( absenteeism, request, sick leave, overtime, etc.).

2 Securing evidence of infraction of discipline
In case of violation of discipline, the employee often refuses to sign even if he sends a warning. In this case, it is hard to be recognized if a company notice board is posted or if a human resources officer or boss signs and specifies the situation in a warning letter as a witness, he or she actually goes to court. To prepare for this situation, a good method is to make a "failure violation" item on the wage statement separately, specify the fine or the amount of the wage deduction for the month, and briefly state the facts of the violation in the complaint.
For disciplinary measures not to be penalized, non-exercise and breach of discipline.

01 Wage management

Wage management is one of the most difficult areas for Korean companies to come to China. This is because with a Korean mindset and wage management, they fail to provide performance-based discrimination or face a barrier to maintaining work tension through incentives or pay cuts. It needs to be deeply agonized over how to take the wage structure under a management situation where labor contracts are prolonged, life-saving and the business environment is rapidly changing, and how to establish a wage system.

1. Wage formats and calculation standards

(1) Time calculation wage system (計時工资)

The time-calculated wage system is a form of labor remuneration that is calculated and paid according to the length of working hours of workers. The time-calculated wage system measures the amount of labor to the direct duration of labor. The criteria for the time-calculated wage system are determined based on the level of proficiency and job importance of workers.
It is pointed out that although it is the most commonly used method, it is difficult to accurately reflect the quality and quantity of labor in labor remuneration. Part-time wages generally apply to management personnel who are difficult to directly quantify labor performance, or to jobs where quality is more important than quantity of products.

Status of implementation of time calculation wage system
In China, the time-calculated wage system is generally implemented on the basis of the monthly wage system, combining monthly wages, daily wages and time wages. For example, if a worker works overtime, he or she pays wages according to the monthly wage standard, and if he is absent or works overtime, he or she deducts wages based on day wages and time wages, and pays monthly wages.
January wage system: a system usually called the monthly wage system, and which pays wages on a monthly basis. Pay the full monthly wage standard when working without work, but pay the full amount according to the number of days and hours of absence from work.
2 日 日 Wage and Time Wage System: Wage system that calculates and pays based on workers' Japan, 時wage standard, actual working days and time, the daily wage system is applied to the full-day system, and the hourly wage system is mainly applied to non-day employment.

Number of legal wage calculation days = 21.75
"21.75" is the statutory monthly wage calculation date. The 11th day of the annual statutory holiday is a "pay holiday" in which wages are paid even without going to work, so it is divided evenly into 12 months, in addition to the actual average number of working days (20.83), excluding legal holidays.
* 11th of the legal holiday ÷ 12 months ≈ 0.92,20.83+0.92=21.75
Wage calculation days are used extensively in calculating overtime costs and calculating the wage deduction for the number of days absent.

Wage calculation standard and actual working hours standard
What's special about
legal wages
Calculation
Base monthly wage calculation days:
(365 days - 104 days a week)주일12 months =21.75 days
1 Daily wage: Monthly wage ÷ Monthly wage calculation days (21.75)
2 Hourly: ÷ Monthly wage calculation days x 8 hours per year 11 days of legal holiday are "paid holidays", so the company pays normal wages on legal holidays.
do.
actual labor
time
1 年 Labour days: 365 days to 104 days (rest days)
- 11 days (Judges holidays) = 250 days
2 分期 Labor days: 250 days ÷ 4 quarters = 62.5 days/quarter
3 月 Labour days: 250 days ÷12 months = 200.83 days/months
* Labor hours = Labor days x 8 hours legal holidays are paid holidays, 年 Labour days are deducted from 11 days of legal holidays.
Calculation
[Relevant Laws] "Notifications on the issue of monthly average working hours and wage calculations for workers annually" (From [2008]3)

How to calculate attendance wages
When calculating monthly wages, the actual number of working days will vary from month to month if the work day is less than one month due to the employee's employment in the month, retirement, private leave, sick leave, and absence without leave, and the actual number of working days will vary from month to month.
[Form 1] Date of attendance > 11th
Wage = Monthly base wage - monthly base wage .75 21.75 x (workdays-work days)
[Form 2] Number of days to work
Wage = Monthly wage - base wage ÷ 21.75 x number of days to work
(Note) 11 days is half the legal wage calculation date of 21.75, and depending on whether the number of employee attendance days in the month is greater than or less than 11 days, different calculation formulas are applied, allowing a fair wage calculation. If only one formula is used, there is a possibility of negative wages occurring.

Case of calculation of attendance wage

(1) Calculation of attendance wages
If the base monthly wage is 2,175元, 23 days of service, December 2014 and 1 day of private leave
(error) [formal 2] is applied, not even on the first day of vacation, but more than the standard wage.
December 2014 Wage = 21.75 21 21.75 x 22 days = 2,200 > Monthly Base Wage 2,175元
(Accurate) [Form 1] Application
December 2014 Wage = 2,175元 - 2,175 ÷ 21.75 x (23-22) = 2,075元
February basic wage of 2,175 days, December 2014 23 days of work, after only one day of work, retired
(error) [formal 1] Application
December 2014 Wage = 2,175元 - 2,175 ÷ 21.75 x (23-1) = - 25元
(Accurate) [Form 2] applies
December 2014 Wage = 21.75 ÷ 21.75 x 1 day = 100元
(2) Calculating the monthly wage for a legal holiday
In China, a weekend break day (Tuesday, Sunday) is "free," but a legal holiday is "paid." Therefore, if there is a legal holiday in the month, the number of normal working days shall be calculated.
[Example] Monthly wage of 2,175; October 2014 Labor Day holiday (October 1-7) After the end, October
9th. Retirement. 3rd day of work (Oct. 1, 2, 3rd) +2 days (Oct. 8, 9th) = 5 days
[Form 2] Applicable: October 2014 Wage = 21.75 21 21.75 x 5 days = 500元

(2) Production number wage system (计件工资)

The production number wage system is a wage type that is calculated and paid by applying the production number unit price prescribed in advance for the passed products produced by the workers. Many factories in China employ these wage models, a system that improves labor productivity by linking labor performance with labor compensation and ensures higher-functional public figures earn more by spreading imported cars among public figures.
In addition, the benefits include reducing management risks and accurately calculating labor cost coasters for unit products because it can reduce the pressure on the company’s labor costs during times when there are not many orders to produce. It is pointed out that the disadvantage is that the pursuit of only the quantity of the product can cause quality and safety problems, and the facility's management.

Terms and conditions of implementation of the production wage system
ᄋ Correctly calculate the quantity of products and accurately reflect the labor input made by workers
ᄋ It is easy to inspect the quality of products, there are clear quality standards, and strict quality inspection
the practicability of a system
ᄋ Establish advanced and reasonable production standards and efficient statistical systems
ᄋ Production order quantity is always exceeded, and raw materials are supplied normally
ᄋ Management system has reached a certain level

Types of production number wage system

1 Unlimited direct production number wage system
Based on the actual finished product within the standard time (8 hours) as the most common form.
The method is to pay wages by applying unified work unit prices without restrictions on the ceiling.
* Wage per actual acquired production count = quantity of products passed x unit price

[Case]
a unit price of 1元, working standard of 8 hours per day Regulations stipulate the labor standard of 50 per day
(1) Within standard working hours (8 hours)
• 60 successful products completed in 8 hours: 60 earned daily wage= 60 x 1元 = 30元
• Completed 40 passes in 10 hours: 40 earned daily wage= 40 x 1元 = 30元
(2) Extra overtime (extended two hours’ working hours to fill an order)
• Complete 50 standard hours + 12 overtime hours
• Under the circumstances when the work schedule was completed, the company ordered overtime work outside the legal work hours.
Due to this, extra work must be paid
• 50 x 1元 + 12 x 1 1x 150% = 68 68
(Note) Labor reference quantity (or pass-through) means that the criteria for the quantity of finished (or accepted) products produced at a given time of work are predetermined or the time to produce a certain quantity of finished (or accepted) goods are prescribed in advance.

2 progressive production number wage system
This method is applied by increasing the unit price of the work for the parts that are over-produced after achieving the standard labor standard within the standard time. The difficulty of exceeding labor standards or of increasing production is high.
When this approach is applied to an item, the effect is high. However, in this case, reasonable labor standards should be established and accurate pre-calculations of economic efficiency are required. This is because if the labor standard is set low and the excess production calculation is high, the manufacturing course can increase rapidly and have a negative impact on economic efficiency.
[Reform] Actual acquisition production count wage = (part X general work unit price within labor standard) + (overrun)
Production part X progressive work unit price)

[Example] 50 work-days standard in a factory, 1 작업 work unit price, 1-10% overcompletion
1.1元, over-completion 10-20% 1.2元, over-completion 20%, 1.3 元, total 62 production
* Actual acquisition production wage = (50 x 1元) + (5x1.1) + (5x1.2) + (2x1.3) = 64.1元

3 Production number wage system for excess production
Also referred to as the split production number wage system. When a public official completes the work standard, he/she shall pay the monthly standard wage, and if he/she produces excess, he/she shall pay the overtime pay according to the prescribed work unit price. However, if the labor standard is not completed, the corresponding salary shall be paid.
[Formation] Actual acquisition production count wage = monthly wage acquired within the labor standard plus overtime production cost

[Example] Monthly wage. 250 labor standards. Working unit price 3元. 280 actual finished volumes
* Actual acquisition production count wage = 800 + 30 x 3 = 890元

4 Collective production number wage system
Production count wages calculated according to the production completed jointly by the work force. The production allowance received jointly within the work group is reasonably distributed to the members of the staff. This method is especially applicable to items or processes that are collectively completed through inter-employee collaboration in mechanical facilities or production processes.

5 Sales-Rated Wage System
Incentive wage schemes refer to wage schemes that receive a certain percentage of a firm's sales income or net profit. This format works where it is difficult to determine the unit price by quantifying labor performance in advance using the labor standard method. This approach can ensure employee activism by linking the employee's wage income to the sales or profit situation of the company directly. Currently, it is mainly used in the service, distribution and catering industries.
ᄋIncentives for excess of fixed amount: a fixed wage in the form of basic wages, and a fixed amount of sales or profits
Set the target amount and pay incentive wages at a certain rate for over-referenced
* Employee income = base wage + base excess income x incentive ratio
ᄋ Full incentive: No basic wage, employee income paid in conjunction with profit or sales income
* Employee income = Profit or Sales revenue x Incentive ratio

Precautions for implementing the production number wage system

1 A reasonable labor standard determination is required. Labor standards should be the standard that the majority of workers can reach normally.
2 Extra work expenses shall be paid when working outside the normal working hours. If the labor standard is completed during normal working hours and additional work is carried out, the overtime cost shall be increased to 150 per cent on weekdays, 200 per cent on weekends, and 300 per cent on legal holidays. In practice, overtime is likely to escalate into a lawsuit when overtime prices are not applied in such a way that they do not leave a record of absenteeism and because of the record of attendance at weekend overtime.
The minimum monthly wage should be guaranteed, even if it is a production wage system.

2. Minimum wage system

Minimum wage refers to the minimum labor remuneration paid by the company if workers provide normal labor. In the event of a violation of the minimum wage, the worker may file a complaint with the Bureau of Labor to demand a net payment of the minimum wage, deem it an act of unfair labor, and may immediately terminate the labor contract and demand the payment of economic compensation to the enterprise (article 38 of the Labor Agreement Act).

items not included in minimum wage

The following remuneration paid to workers is not included in the minimum wage (Article 12 of the Minimum Wage Regulations).

1 National Common (valid for all regions)
(a) overtime expenses;
(b) allowance paid under special labor conditions, such as night work, high temperature, low temperature, mine, toxic hazards, etc.
(c) the welfare of workers, as defined by law and the State; and
- Comply with benefits such as social insurance premiums and kitchen public funds that companies should pay
- Hygiene costs, tidal charges, homelike leave, solvents' allowance, winter heating allowance, summer high temperature allowance, etc.
(d) non-monetary meals and housing costs provided in kind;

2 Applies to specific regions only (valid for the region only)
Beijing and Shanghai exclude social insurance and kitchen public funds paid by individuals from the minimum wage. Therefore, the real minimum wage in Beijing and Shanghai is more than 300 won higher than in other provinces. In case of Kang So-sung, social insurance premiums for personal payments are included, but the individual onerous kitchen bills are excluded from the minimum wage.
Therefore, in the case of Beijing and Shanghai, the "hereinafter minimum wage + employee paid social insurance premium and kitchen public allowance" should be set at the in-house minimum wage so that the employee's misorder amount is higher than the current minimum wage. In the case of Kang So-sung, the setting needs to be set at "here’s minimum wage + kitchen public funds paid by employees." Other areas include social insurance and kitchen utilities.

Without local minimum wage
Social insurance, kitchen, public money, etc.
Injury personal burden personal burden meal allowance, commuting allowance, housing allowance
Beijing personal burden -
Rigid - Personal Burden -

Excluding the application of the minimum wage
The minimum wage system applies only to workers who provide normal labor. therefore normal
home-stay workers, sick workers, or private vacations that do not provide labor.
If (请假) is acquired and normal labor is not provided, the minimum wage system shall not apply.