배움과 공유의 시간

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.

02 Personnel Management in the Age of Life Employment

Lifelong employees are not allowed to be fired at will, and unless they have special legal reasons, employment is mandatory until retirement, which inevitably results in a "iron rice bowl." It is easy to predict that job security reduces employees' sense of crisis, relieves work tension and falls into mannerism. To prevent this, the company needs to establish a system of performance and compensation, operate a job tenure system, and respond by reorganizing the personnel management system in a variety of ways.

1. Risk of lifetime employment

A non-fixed labor contract means a labor contract between a company and a worker whose end time has not been fixed. In the case of a non-fixed contractor, the labor contract must continue to be fulfilled except in the event of the emergence of a legal release and termination reason, and can be effectively referred to as "substantially employed." For example, if a male employee who graduated from school and joined at the age of 20 signs a non-fixed contract at the age of 30, he or she will sign a 30-year-old labor contract until the retirement age of 60.
The problem is that China's labor contract must promise labor conditions, such as work content, wages and working points, and the contract modification requires the consent of the staff, so the exercise of the company's personnel rights must be quite limited. To respond to the rapidly changing business environment and maintain competitiveness, companies constantly need to relocate and metabolize their workforce.
As more and more non-fixed contractors are signed in the company, the pressure on the company's management is bound to increase. The main burden of a company from lifetime employment is as follows:

Increased laid-off costs - reduced job elasticity
Unscheduled contracts have no deadline for termination of employment, leading to rigid employment. Although the court says it can be lifted if the reason is met, chances are not high that the cause of dismissal will occur. Of course, it is possible to negotiate a settlement, but in this case, the compensation burden that is higher than the legal standard is inevitable in order to reach a negotiated settlement, as it requires the consent of the staff.

Increased labor costs - increased labor costs due to long-term employment, decreased metabolism
For simple tasks, new employees with lower wages can be employed at the end of the contract to reduce labor costs. However, if employed for life, the level of work performance increases, but wage increases go faster, forcing companies to increase their labor costs day by day. In addition, ten years after entering the company, if you are promoted to a higher position and sign a non-fixed contract, your turnover rate will be drastically reduced. This could lead to a slowdown in the organization by reducing the promotion space for young employees.
Of course, if productivity increases and performance increases under long-term employment, it can be "win-win," but it is possible when the company's personnel system, such as the evaluation/compensation system, is well equipped.

A Direction of Lifelong Employment
As shown in the example below, non-fixed contractors usually serve more than 10 years of service. If the company makes a complaint without clear evidence and evidence, the worker can take a share of more than 20 months at a time, so the more likely it is for a company with a loose management system that intentionally commits the act of inducing dismissal.
First of all, the measures include strengthening the high performance system, expanding variable salaries, and establishing a job adjustment system.
It is necessary. In particular, the non-fixed contractor has a long service life, and the layoff course is very high, so it is necessary to control it by the job∙wage adjustment without firing. On the other hand, it is necessary to maintain motivation and work tension through discriminating personnel management based on performance.

[Example] Changes in Service Attitude after Unfixed Contracts
Since this year, our company has more than 10 years of employees and is signing a non-fixed contract. One of them doesn't go to work after 10 days off on the annual holiday, and asks for a raise even though production is only half the way. I don't think he's willing to work, and he's just waiting for the company to fire him, but he's telling me that if he keeps getting fired, he'll get twice as much financial compensation. I don't know what to do to stop it.

2. Control of non-fixed contracts

(1) Confirmation of duties suitable for fixed/unfixed contracts

In the case of advanced technical or managerial positions, it is safe to enter into a non-fixed contract because it is a core function of the company, but easily replaceable duties should be limited to fixed contracts only. Depending on the nature of its job, the entity classifies two types of fixed-contract/no-fixed-contract suitable jobs and, in the case of a job to be taken under a fixed-contract employment system, terminates the employment at the expiration of one fixed-contract contract for two to three years, irrespective of the employee’s ability or nature, replaces the employment with a new employees.

(2) Criteria for selecting employees eligible for non-fixed contracts

In reference to the example below, the types and criteria of non-fixed contractable employees suitable for the entity are set and applied, depending on the industry or characteristics of the entity.

(3) Establishing a fixed contract period rationally

When signing the first labor contract, the contract is set at a maximum of three years and the maximum six months of the legal trial period is secured. After identifying the ineligible persons for six months, and after the expiration of the first contract, the city shall conduct a strict evaluation of the employee's performance and performance, and carefully decide whether or not to renew the contract. If a renewal is concluded, for example, the second contract is set at 5-6 years, so the first contract is set to be less than 10 years (more than 10 years, another non-fixed contract requirement is met).

primary fixed contract
ᄋ Term of contract: 13 years
- A full three-year labor contract must be signed so that the trial period can be set up to six months.
ᄋ Inadequate persons during the six-month period of employment shall be removed
ᄋ When the first contract expires
- Comprehensive verification of whether an employee can sign a non-fixed contract one month before the contract is terminated.
- Ineligible employees are mercilessly required to terminate expired labor contracts (e.g. free termination of employment).
Last point)

2nd Fixed Agreement
ᄋ Term of contract: 5 years and 6 years
- Second contract is concluded for key employees who have passed the verification
ᄋ When the second contract expires
- If the employee is judged to be underperforming or unqualified during the second contract period, wage and promotion freeze should be achieved.
Based on data on inducement of voluntary retirement, or failure of performance, the payment of economic compensation is conditional.
inducement of negotiation release
- If the contract has already expired and the requirements for a non-fixed contract have been met, it is difficult to adjust labor conditions, such as wages, duties, and work places, or to renew them due to a significant change in objective circumstances, while pushing for the cancellation of negotiations between economic compensation and economic compensation.

(4) Induce the selection of fixed-term labor contracts

When a second garage contract is reached, the entity may enter into a third fixed contract if the employee agrees. The caveat here is that the staff themselves must have evidence that they have chosen a fixed contract. If a third fixed contract is entered into without written evidence, a labour action may be filed later that the non-fixed contract has not been entered into intentionally.

[ Armband (worker) offered me an offer]
As suggested by Eulbang, the two parties agree through negotiation to finalize the term of this Agreement in accordance with the Type I method below.
1. This contract is a fixed-term labor contract. The contract period is from _____月__to______________________________________________________________________________________________________________________________________