배움과 공유의 시간

(3) Announcement of employee annual leave

Article 18 of the Regulations for Annual Leave clarifies that the Gregorian calendar, or 365 days, is managed as a calculator from January 1 to December 31 every year. Accordingly, the entity uniformly distributes all of its employees on an annual basis (January 1 to December 31), and the employee enters the entity during the year and leaves the entity on an annual basis commensurate with the remaining period (December 31) at the end of the year. While there are two ways to arrange annual leave, entities generally operate a mix of both:

1 The company uniformly complains. It is required to arrange unification of the two to five days in line with the time when the company's production activities such as Spring Festival are suspended, and to set a period of partial periods, such as the peak season, as the period for annual leave use period. The remaining period of use shall be approved by the department manager and used on annual leave according to personal circumstances.
2 Annual leave is granted according to personal application, without a unified In this case, we're going to have to have a staff member.
If the management of the annual use status is not strictly enforced, it is likely to face a demand for unpaid annual leave compensation at the end of the year.

Unification Announcement of Annual Holidays
A Korean factory in Qingdao used legal annual leave around the spring or summer season, or when the factory was free, by uniformly arranging several days off for all employees. However, an employee has demanded compensation for not using his annual leave when resigning. The company arranged the holiday for unification, but lost the labor case because there was no written evidence that it was arranged in the name of the annual leave.
In the event of a unified arrangement of the company, a written document can be created to indicate "No Day of Year Holiday," or "No Day of Year Holiday" on the wage statement, or an employee's signature verification can effectively prevent labor disputes.

3. Compensation without annual leave

Need to pay compensation if sorry for annual leave
Since it is the legal obligation of the company to arrange annual leave, the diarrhea employee did not apply for annual leave unless the employee submitted a written waiver.Even if it does, it should be arranged principally.
A 200 percent compensation obligation will be imposed on companies for unused annual leave. by regulation
It is 300 percent, but it includes a normal wage, which is actually 200 percent.
Meanwhile, the arrangement itself is legally invalid because the in-house rule, or the company’s claim, "because the employee has not applied, is considered automatic abandonment," is itself a violation of relevant laws.

[Basic amount of compensation for unearned annual leave]
In case of compensating for unearned annual leave, the standard of first-class calculation is not the wages of the month, but the unearned.
This is the monthly average monthly salary of 12 months, excluding overtime expenses before the annual leave compensation (performance, allowances, and other benefits).
All bonuses, etc.)

Managing the use of annual leave
The entity should manage its employees’ annual leave to be completed within the year. It is important to note that while unacquired annual leave may be carried forward to the following year with the consent of the principal, it is inevitable to compensate 200 per cent if the end of the year is not over, if the end of the year, reject the consent and demand compensation, or if you retire.
Therefore, employees with an unacquired number of days remaining must be sent a notice of employee annual leave by the end of the year or two using the Employee Annual leave Execution Plan [Sample6-3] to determine the status of their annual leave use before the end of the year, requiring completion, or withdrawal of use within the time designated by the company.

Precautions for additional compound annual leave payment
Some Korean companies follow the Korean-style system, giving them extra annual leave in addition to legal annual leave in terms of benefits. In this case, if the company manages a mix of legal and compound annual leave, a dispute over payment of compensation may arise later. The legal characteristics of both parties are completely different, and since legal annual leave is mandatory for the payment of compensation when unused, the company shall manage the legal and the benefits annual leave strictly separately.

[working-level measures]

1 Regulations permit the use of a compound annual leave after its use has been completed from the legal leave.
The vacation application form identifies whether it is a "court annual leave" or a "benefit annual leave."
Set up a separate column
2 Request confirmation and signature of cumulative continuous service life after confirming that evidence is submitted at the time of employment.
If you have any other work experience at the time of your employment, submit a social insurance payment certificate, etc
Obtain a confirmation signature on the document on your cumulative length of service.
3 Specifications for the effective clause of unused annual leave
Welfare annual leave is not legally required to pay compensation for non-use.
Set a clause in the employment rules that automatically becomes effective when not in use by the end of the year

In case annual leave is wasted early on retirement
When an employee retires, the employee shall not be entitled to a wage deduction for early use if the number of annual leave days available for the year is exhausted. For example, if an employee with a cumulative two-year service life retires after using up to five days of the annual leave of the year at the end of January, the entity cannot deduct that daily allowance for overuse of the employee’s annual leave. Therefore, it is necessary to set up and manage the usage by a certain period, such as half-yearly leave.

Response to unused annual leave upon retirement
In the event of termination or termination of a labor contract with an employee, the employee shall be required to ensure that unused annual leave remains. The calculation formula is as follows, cutting less than one day.

(Number of days remaining in Calendars × 365)휴 Number of days available for annual leave-number of days spent in the current year

[Example] If an employee with a two-year cumulative service life is terminated on March 31, the employee’s unused leave will be zero if the employee has already used one day of annual leave. (90 days ÷ 365 days) 5 5 days 1 days = 0.23 days * Cut according to decimal point law

[working-level measures]

1 Voluntary resignation person
In the event of voluntary resignation, the company notice is in principle 30 days before the resignation, and if the resignation is submitted, it will not be obtained.
at an appropriate time after the end of the annual leave.
take care of retirement
2 Termination of employment at the time of contract expiration
The employee who is due to terminate the contract shall either be required to use the annual leave by checking the number of unearned days in advance or by giving notice of the annual leave plan.
3 Dismissing the Negotiation
When negotiating, the end of labor relations is adjusted to the completion of unused annual leave use.
4 Discipline.
The company does not have an obligation to pay compensation for the annual leave because the disciplinary notice has made it impossible for the management to arrange annual leave due to the employee's negligence.

01 Social insurance

The 5 percent refers to the five major insurances of old-age insurance, medical insurance, unemployment insurance, birth (birth) insurance and fantasy (industrial) insurance. The 5險1 gold was added to the five major insurances plus the public kitchen allowance. China's five major social insurance programs are legal information tests, which are enforced by national laws, as is Korea's. The corporate burden ratio of China's top five insurance plus one kitchen public funds is over 40 percent of wages, which is a significant business pressure factor for companies.

1. Standards for social insurance

Social insurance premium burden ratio
Social insurance premiums are paid separately by users and workers, and the entity has a payment obligation for all five major insurance policies, but the worker has a payment obligation for the remaining three, excluding birth and fantasy insurance. There are common guidelines set in China, but local governments are exercising their discretion in line with the economic conditions of the region, setting specific payment standards.

Standard for payment of social insurance premium

Payment period (基数=base) × payment ratio

1 Rate of payment: Social insurance coverage ratio varies from region to region, so the level of economic income varies.
They allow for adjustment, which varies somewhat depending on region and year of payment.
2 Number of days paid: The standard is to divide the total annual wage of an employee by 12 for the previous year (January-December), but the upper limit becomes the lower limit when the "top limit" is lower than the "lower limit."
The upper and lower limits vary somewhat depending on regional policy, but most regions, including Beijing and Shanghai, set upper and lower limits according to the following rules.
ᄋ Upper limit: Average wage for the previous year in the region x 3 times
ᄋ Lower bound: Average monthly wage for the previous year in the region x 60%

Adjustment of Social Insurance Periods
Social insurance term (基数=Base) is established once a year in most regions. Each city has a period of readjustment and declaration of the social insurance term during the first half of the year. At that time, each employee decides the social insurance term and obtains his/her signature and reports it to the social insurance agency as the social insurance payment period of the year. Once the payment period is confirmed, the social insurance premium shall be calculated and paid on a fixed monthly basis based on the base amount for one year. Even if the salary changes during the year due to diarrhea, higher wages, and promotion, the number of people who have filed a fixed report cannot be changed.
On the other hand, some cities, such as Shenzhen and the Soju Industrial Park, are exceptionally subject to changes in the number of social insurance payments each month. In other words, social insurance premiums are calculated and paid every month based on the total salary of the previous month.

the principle of reporting by social insurance jockey
The social insurance term will be the sum of each employee's total income divided by 12 over the previous 12 months. Horsemen include pre-tax wages, various allowances and various subsidies (work allowance, meal subsidy, telecommunications allowance, etc.) and extra work expenses. However, items that are required to be paid by separate ordinances, such as high-temperature allowances in summer, heating allowances in winter, child-bearing expenses, and sanitary expenses, do not need to be included in the calculation of flag numbers.
In most areas, the term of payment for social insurance is set at the upper and lower limits of 300% of the previous year’s social average wage in the city (40% lower, lower minimum wage, etc.).

[Number of employees who entered the year]
The first month's wages will be the jockey for the year. The new employees' term for the year is...
In case the total amount of salary is specified in the labor contract, the full salary for the month of employment (actual work)
It's not based on the number of days, it's based on the amount paid for one month's work.
Report.

2. Risk of illegal payment of social insurance

In China's local corporation's social insurance premium filing, there are many cases in which the company reports less of the social insurance coverage standard, in addition to the company's cost-reduction and the relief of the employee's personal burden, i.e., in a friendly and well-to-do manner. However, it is important to note that the Social Insurance Act, which significantly strengthened supervision and penalties for unpaid or insufficient payments, went into effect in 2011, thereby increasing the risk.
It should be noted that if an employee is subject to an investigation by the social insurance agency at some point in the future, he or she may be subject to fines and fines for past deficiencies because it benefits from the immediate relief of his or her own personal burden.
In addition, as the young population is shrinking and the population ages, the spending growth rate of the pension fund has been far outpacing the income growth rate, with each province recently greatly strengthening the supervision of corporate social insurance payments. There is a need for more attention from businesses to the normal payment of social insurance.

(1) Risk of unpaid social insurance premiums and insufficient payments

1 Risk of supplemental payments due to crackdown by social insurance organizations
The Social Insurance Organization selects a certain percentage of businesses each year in the material city, investigates the social insurance payment situation, takes supplementary payment measures under the Social Insurance Act, and other risks that are detected upon complaint from employees exist.
In the event that an entity is caught short-payment of social insurance premiums, the social insurance agency shall order supplemental payments and also collect 0.05% (annual interest of 18.25%=0.05 days) per day from the date of non-payment. If the payment is not made after the due date, a fine of 1-3 times the amount outstanding (Social Insurance Act 86).
2 Risk of conflict with employees at retirement
It is highly likely that the company will ask the management to pay back the past portion, since more employees who are registered here and close to the legal retirement age need to be added to receive more pension after retirement. In this case, the supplemental payments are based on the current level of wages and the entity is required to pay up to the amount of overdue payments. In the case of foreign employees, especially foreign companies, the company has saved as much of the company's social insurance premium in the past, so there is a possibility that it will ask for cash compensation from the company and press charges against it if it does not comply.
3 Reasons for unpaid social insurance, risk of employee resignation and economic compensation claim
If the entity does not pay social insurance, the employee may at any time terminate the labour contract and demand payment of the economic compensation (Article 38 of the Labor Contract Act). It is difficult for the company to dismiss any breach of discipline. This is because the employee can select first, and then file a labor arbitration request for resignation and economic compensation.
4 In the event of a fantasy accident, there is a risk of additional compensation for the Mikabun.
If a fantasy accident occurs and is recognized as a fantasy, the compensation items of the fantasy insurance fund will be paid based on the number of people who pay social insurance. For example, if you have paid social insurance based on a wage of 5,000 won and a minimum payment period of 2,000 won, the Fantasy Insurance Fund will reimburse you based on a fantasy insurance ordinance standard based on 2,000 won, in which case the employee affected by the accident will ask the company to compensate you for the difference. Furthermore, in the event of a fantasy accident in the absence of social insurance, the company should take over all the expenses of the Science and Technology Insurance Fund and pay full compensation on the basis of the policy.
5 Risk of compensation by the company in the event of serious illness of employees
If medical expenses are incurred due to a severe disease outbreak, the medical insurance should cover the cost of the hospital.
The company is liable for compensation for the treatment costs. In fact, a few years ago, when an employee contracted leukemia without social insurance at a Korean company, the company paid nearly 200,000 dollars in settlement money to end the labor relationship.

(2) The legal effect of the social insurance waiver document

Labor-management agreements or waiver agreements for avoiding social insurance shall be fundamentally invalid and shall be legally liable for retroactive payments to the three major insurances of nursing, unemployment insurance and medical insurance (excluding public and child insurance, which are retroactively excluded) upon detection by the social insurance organization or based on employee complaint and employment start date.

[working-level measures]

If a person is forced to hire a public figure from a foreign country who is highly flexible in manpower and is reluctant to buy social insurance, he or she must receive a "give-up letter" at the time of joining the company.

1 Requesting the company to give up social insurance under the circumstances of the company, confirmation of signature is required by the company
I'll take it
[Approval] For *** the employee shall demand that the company not pay social insurance, and will not terminate the labor contract at a later date, citing the reasons for the company's unpaid social insurance, and all results shall be borne by him.
因为**** 社,,,自 不
2 When a certain amount of social insurance subsidy is included in the salary (mainly outside the country)
Workers of origin), pay a separate item in the wage statement, and insert the following clause in the approval form. In this case, the government cannot easily bring up the demand for supplemental social insurance payments due to the pressure to return the social insurance subsidy.
[Approval] If a worker asks for a supplementary payment, all social insurance subsidies paid shall be returned accordingly. 如劳动,社
3 The company needs to prepare for unexpected accidents such as workers' illnesses and injuries, and commercial insurance for social insurance defaulters.

(1) Should an economic reward be paid for resigning based on my opinion?

There is no legal obligation to pay economic compensation when voluntary retirement is due to the workers themselves. However, a written resignation signed by the company must be accepted in preparation for the possibility that the company may ask for economic compensation, saying that it later retired at the request of the company. If an employee submits a letter of resignation to disentangle the working relationship, it shall be stated in the resignation letter that he or she will transfer to the "individual cause".

Economic compensation for careless receipt of resignation
In his transfer, Chang only submitted to employees who did not list the cause of the transfer and resigned.
After that, Chang said, the company did not pay social insurance, so he had to resign from his position as a passive employee due to the company's misconduct.
Claiming to have done so, it raised labor arbitration to demand the payment of economic compensation.
(Analysis)
It is true that the company did not pay social insurance, but the cause of Chang's retirement was society.
He had nothing to do with insurance, but later raised labor arbitration on the pretext of doing so.
If employees do not specify employees when submitting their resignations, use them after retirement
It needs to be noted that compensation can be demanded.

(2) Is there any legal risk when you retire and ask for a retirement certificate as "corporate retirement"?

In China, unemployment insurance is available after retirement, but voluntary resignation is not the case. Tooth
As a result, it is often requested to check the ‘Company’ item on the management’s retirement certificate. If you issue such documents, the employees will be able to receive several months' worth of unemployment insurance, but if they change their minds later on, they did not receive any financial compensation even though they retired on the grounds of the company. Or, they will take the risk of facing labor lawsuits for economic compensation or economic compensation for being forcibly dismissed. In this case, the company's loss rate is 100%, so you should never comply with this.

(3) After resigning from his own position, saying that the company did not provide social insurance, he applied for labor arbitration, which he claimed was due to the company's reasons. Is the company obligated to pay?

The Labor Contract Act imposes an obligation for the payment of economic compensation money on a company for the cause provided by the management if the worker resigns due to the management's misconduct. Workers who want to move to another company anyway can raise labor arbitration to demand economic compensation.
However, in this case, the worker must notify the management by specifying the reason for his resignation in the written resignation and prove the management's corresponding misconduct in the labor arbitration. If a worker issues a letter of resignation stating the cause of personal affairs and subsequently files a labor lawsuit for misconduct, it is unlikely that the employee will be recognized in court because he has already established another cause-based resignation at the time of his resignation, as the worker has refused to notify the management at the time of his resignation.
In general, the most frequent occurrence of a company is the case of a labor lawsuit filed with the company on the grounds that it was submitted to the company by stating the reason for non-subscription of social insurance upon retirement. In this case, even if the employee resigns voluntarily, the worker is entitled to economic compensation (but only from January 2008 because of the newly created provision). Since workers can take advantage of this method at any time when they do not have social insurance, the company should not comply with the request even if the worker does not apply for social insurance upon entering the company. In the event of a decision not to pay social insurance less than this, it is necessary to have a written confirmation that it is voluntary by the workers.

(4) There is a person with a high salary of more than 20,000 yuan in the staff. Should we calculate the full amount of compensation? Is there a cap in the law?
As a socialist country of China, therefore, to prevent excessive disparity in the amount of economic compensation between high and low wage earners, the upper limit of the monthly wage is limited to three times the average wage of the previous year of the city, and the ceiling of the total number of years of benefits, to 12 months. For example, if the average monthly wage for a worker in the previous year is 4,000元, the maximum economic compensation that a wage earner can receive is 12,000元 x 12 months.
In the case of Korean employees hired there, special attention is needed. For example, if you are a Korean earning 20,000 won a month, and if your average social wage here is 4,000 won, then 12,000 won will be the basis for calculating the economic compensation, and you are mistaken for the Korean method of severance pay, a dispute could arise.
Therefore, in the event of a local employment contract, it is advisable to make this clear to the party from the beginning. In addition, if some are received in Korea, for example, it would be a way to avoid unnecessary friction at the time of retirement if some are received from Korea, for which Chinese recipients are counted according to China’s economic compensation scheme, and for which Korean recipients are counted according to the Korean-style severance pay system.

(5) Should the economic compensation be given 20,000元 legally, but can a lawsuit be filed later to reverse it and ask for a difference in consultation with employees?

The employee's wage remuneration and economic compensation are completed in the agreement, and how about between the two parties?
Where the phrase "no dispute exists" is specified, it is legally considered to have disposed of its own rights.
The Supreme People's Court's judicial interpretation (3) issued in September 2010 clearly stated that the agreement between labor and management has legal effect. After the conclusion of the agreement, if the worker subsequently asks for cancellation, the worker shall "verify" that there is a grave misunderstanding or a situation that is remarkably lacking in fairness in the agreement.
In the case of" day-to-day" compensation generally, if the user’s compensation falls far short of the fantasy insurance standard, the agreement itself is often nullified when the worker files a lawsuit. However, agreements on general matters, not fantasy, are legally valid unless workers present "proven" evidence that users inadvertently entered into an unfair agreement through threats or coercion.

(6) What do you need to pay attention to when the worker commits a breach of discipline, but wants to pay only a small amount of economic compensation for lack of evidence and end the employment in the form of "negotiation"?

In the case of the cancellation of negotiations, the company shall pay the legal economic compensation (based on the total service training), as shown in the above example, but in the case of negligence of the workers, the legal risk can be minimized if the company makes a payment in the manner of compensation for consideration after stipulating in the agreement that the company raised the cancellation of negotiations.

[Example] Let's draw up a consultation paper for the cancellation of negotiations
S is an employee of a foreign-invested company, and one day he committed a breach of discipline and his boss was furious and could no longer work with him, and asked the Ministry of Personnel Management to dismiss him. The Ministry of Personnel Management confirmed that S's violation of discipline was not enough to punish and dispose of it, and offered to cancel the negotiations after much consideration. Originally, it was supposed to give 16,000 won in compensation, but it persuaded S that it could not give all of the compensation because it was wrong, and eventually signed a consultation on the dissolution of the merger. The terms of the agreement "are to terminate the contract on a consultation basis, and the entity also pays half the compensation to S."
(Explain)
The contents of the agreement were written against the enterprise. Because of the use of the ambiguous wording of a two-way agreement, if S subsequently requests an additional shortfall, the entity is highly likely to lose. A written agreement must be drawn up with the following raise of the lifting of the negotiations by the workers, so that they can escape from these legal risks. "As S raises the termination of labor contracts, it has reached post-negotiation consultations with the entity, and the entity pays S a small amount of compensation." Because this would result in a situation in which management does not have to give economic compensation, a small amount of compensation would be paid out of consideration by the entity.

(7) At the time of the economic compensation payment, how can we prevent the company from raising labor arbitration in the future?

After receiving full economic compensation from users, it is often the case that the company is harassed by applying for labor arbitration with other issues (such as overtime costs, unused annual leave, etc.).

For small and medium-sized enterprises, it is difficult for the company to fully legalize labor management, so when paying the remaining wages and economic compensation upon retirement, the use of the written form provided below may be used to prevent future labor lawsuits from being filed, provided that "labor compensation has already been settled and no labor disputes exist between the two parties" may be included (non-compunishment).

[Confirmation] Simple transfer certificate
I am relieved of my labor relations with the company because of the cause of the (negotiation) cancellation. of one's own accord
Check the details below. .
1. The two sides will terminate the labor relations by a negotiation match, and the employee labor contract will be terminated after signing this confirmation.
2. After verifying the employees, the company shall pay the employees the economic compensation_____Wien.
3. The labor conservancy etc. has already been settled, and no other dispute exists between the two parties.
因,公,公。
1,商,。。
2, 经员工确认, 元。
3,等,。。


(8) I would like to reconsider a person who has resigned as a volunteer from the company in the past. In this case, is the past service year included in the calculation of economic compensation?

Employees who have worked for the company in the past and who have been sent out without payment of economic compensation should not be re-employed. The Labor Contracts Act stipulated that economic compensation is calculated as the number of years of service for the companies concerned. In other words, it is important to note that it is not a "continuous" service life but a "accumulated" service life. Even if the labor relationship is suspended, the service life is calculated in sum (excluding the period for which economic compensation was paid upon retirement in the past). Therefore, it is necessary to make sure that the recruiter has served in his or her company in the past.

(9) When calculating economic compensation, whether or not the period during which the work stoppage was to be completed;

The average monthly wage standard, which is the basis of economic compensation, is determined based on the 12-month period excluding the period of suspension of operations, i.e. non-normal production conditions. In other words, the period of suspension of operations is not included in the first 12 months of the economic compensation calculation period.

[Regulations on Economic Compensation in the event of labor contract violation and termination (劳部发[1994]481)]
Article11 The wage calculation standard for economic compensation in this Regulation refers to the monthly average wage of 12 months before the termination of a worker's contract under the normal circumstances of production of the enterprise.

(10) How should we interpret the "misunderstanding" and "abnormal" of the legal literature on the calculation of economic compensation?

An accurate understanding of the entry and exit of economic compensation money at the time of calculation is needed. "abnormal" "below" "within" includes the principal and "less than" and "other" does not include the principal. Therefore, if the service life is exactly six months, it is not less than six months, so it is calculated that the service life is equivalent to six months and one month.

3. Interview test

(1) Preparing a work-seeker registration table

Most companies are asking questions based on a brief resume they send when applying for an interview. Since resumes are written arbitrarily by individual applicants, they often tend to exaggerate their educational background and careers and hide what is disadvantageous to them. In addition, since the resume submitted by the applicant is a standard form written on a PC, it is difficult to identify whether it was written by the applicant himself or not, and it is difficult for the management to use it as evidence even if a labor lawsuit is filed later due to academic or career fraud.
The company distributes the required [Sample2-3] to interviewers who come to the interview site, puts their resumes back in their own handwriting on the spot. 1 Obtain evidence as evidence in the event of a lawsuit, 2 Identifies the applicant’s personality by collecting information about the applicants who want to apply for the interview.
4 It can have effects such as identifying the evidence of a previous job.
The form can be self-designed around entries that the company wants to identify, so it has the advantage to examine the applicant’s objective situation in more detail. In addition, if the contents are found to be false after joining the company, it is possible to ask for legal responsibility.

Since it can be used as evidence, the registration table must specify a clause of the pledge that the person is responsible for legal responsibility when the information written by him is different from the facts and receive a confirmation signature.
The most important thing in the Employment Information Register is identifying the former workplace attestation in paragraph (4). It is required to fill out the contact details of the former job certificate on the Employment Information Register form. State the names and phone numbers of the two former bosses and colleagues who worked just before. If an employee has a problem with his previous job, he or she will be reluctant to report it, and if so, the company will be able to identify the applicant's reputation in his or her former job.

[Point] The Legal Personality of the Job Seeker Registration Table
The Employment Information Register form is a legal document for information about applications produced by an entity and recorded by the work-seeker himself. The law gave companies the right to know when hiring workers. The entity may use the work-seeker registration table as an important means for the exercise of the right to designate.

(2) Points of interview

[Point] Interview Progress Flow
Introducing 자기 Self-introduction à à Reasons for being in the current workplace à Treating hopeful jobs (current and hope) à Impression to the company à (family composition, hobby, personality, family register, etc.)
Commuting time/path, etc.

Verification of resume entries or self-introduction is required
Don't take the information as it is. For example, even if it is written as a good Korean and English speaker, it is often only a simple conversation. In Korean, many people speak well but have little ability to write documents. Therefore, for positions requiring a foreign language, a simple written test is essential after the interview.
Generally, Chinese job seekers have excellent presentation skills that appeal to them during interviews. Since there are not many cases of actual packing and bloating, it is desirable for experienced workers to check out their expertise or take practical tests.

[Point] Interview alone is not enough to identify actual capabilities
o When asked to process a screw because he has 10 years of shelf experience, he said, "It is natural that he cannot process a screw since he has only worked on a shaft for 10 years.
o When I asked why I cheated because I thought the official was a professional, but he didn't cheat because he didn't have any experience at all, he said he didn't cheat because he had learned something at school. The concept of experience we think of is different because it means the period of professional skill acquisition, and what the Chinese people say is just that they have learned or know at school. Production jobs, in particular, may have only done one simple task in their lifetime, so a practical test is essential.

Recruitment based on ability rather than personality
Korean companies tend to hire people who are sincere and cooperative. Humanity is important, but if you don't have the job skills, you can't give them the education they want.
be unable to produce For managers, personality and values are as important as ability, so life
Ask questions about the most spectacular things in , unpleasant things, happy things, admirers, trustees, and model for one's life, and ask why.

Frequently transferred employees are on the lookout.
They ask in detail why they have worked in the past and transferred. In the case of frequent transfers, caution is required. In particular, since former employees are often mixed with former employees from Korean-American companies, it is necessary to check their contact information, which is proof of their previous job.

For Korean speakers, check their practical skills.
For Korean language majors, they need to check their knowledge and skills in the field of practice. This is because there are many employees who can speak only Korean and do not have other skills.

Confidently notify the details and treatment of the work
What purpose will you hire, what will you do, and what will you do with your wages?
He is advised to prevent immediate retirement after employment.

Chinese interviewer's class
It is imperative that the relevant Chinese staff be present for the interview and listen to his opinion. This is because only Chinese people have a catchable sense and attitude.

Questions about your former employer's salary
Rather than asking vaguely about salary status, it is important to ask about the salary structure (requires separation of basic pay and job allowances, performance and bonuses). It is important to note that, in particular, the ratio of variable benefits paid in conjunction with the performance of the business is much higher than in Korea, and applicants tend to respond with the benefits they receive under their maximum performance conditions.

4. Appointment of Designated Rights

(1) The need to exercise the right of designation;

False cases of academic and career information are common in order to get a job. In order to avoid recruitment risks resulting from such employee deceptive practices, an entity must use the "peripotentiary" guaranteed by law. The following are the types of deceit that occur frequently:
1 Provide false information (non-compliance employee): Individual records, achievements, work experience, defect records, etc.
2 Employee ignorance, concealment of personal information: occupational disease history, serious illness, pregnancy, etc.
3 Avoidance of contract obligations with other companies: Consultation of service after training, consultation of prohibition of competing businesses, etc.

a price for neglect of exercising one's right of appointment
Two months after she retired from a clothing store, Mrs. Wang applied for the store again. The store manager hired Mrs. Wang immediately, without physical examination, because she was already experienced and familiar with the store. By the way, Mrs. Wang applied for a sick leave from the second month and began to recuperate for an extended period. She hid her diabetes when she reentered the hospital. She tried to take advantage of corporate health insurance. The dismissal of Ms. Wang during the three-month medical period is legally prohibited, and she cannot be retired. Mrs. Wang has dug into the loophole of holes.

The labor contract law guarantees workers' right to designate companies, while at the same time stipulating users' right to designate workers. The company retains the right to know about the circumstances of workers' age, physical condition, work experience, knowledge function and employment status directly related to the conclusion and implementation of labor contracts. If a worker's notice to a company is found to be false, the company can legally fire it.
In the recruitment review phase, the entity shall make the best use of the right of designation, conduct a thorough investigation and verification of the applicants. What should be noted when exercising the right of designation is that information about the applicants should be obtained in such a way that "evidence preservation" is possible.
In addition, it is necessary for the applicant to specify his or her own statement that "the legal responsibility for providing false information, and if the worker provides false information, the user shall immediately terminate the labor contract and not pay economic compensation, and the applicant shall confirm the veracity and accuracy of the information."

[Article 8 of the Labor Contracts Act] The user shall have the right to identify the basic conditions of the workers directly involved in the conclusion of the labor contract, and the worker shall explain the truth.

Legal action in violation of worker's obligation of notice
The purpose of the right of designations exercised by the user is to determine whether to enter into a labor contract through a breakdown of the circumstances for the worker. If a worker intentionally discloses false information, it constitutes a "deceptive" so that the user can claim nullification of the labour contract and legally terminate the contract.

[Example] Termination of False Certificate Submitters
When she got a job with an IT company, Kim presented her with a diploma from a top university, which earned her 10,000 won a month in high wages. Three years later, the company lifted the labor contract with Kim on the condition of three months of economic compensation plus one-month notice due to worsening business conditions. A few months after retirement, the company learned of Kim's submission of a false diploma at a chance, and filed for labor arbitration demanding the nullification of the labor contract and the return of the economic compensation money, and won the case after a lawsuit.

(2) Checking the personal information of the applicant

1 Determination of age
The age of adulthood in China is set at 18. Employment of child workers under the age of 16 is strictly prohibited For those under the age of 16 and 18 years old, it is advisable for foreign-invested companies to avoid hiring minors under the age of 18 unless under special circumstances, as they are required to report to the Bureau of Labor and comply with the provisions relating to the protection of minors.
The method of age identification is simple. As an adult (18 years old), a certificate of identity is issued from the Public Security Bureau, so if you check your ID card, you can investigate your age. In this case, a copy of the identity certificate submitted by the employee is checked against the original, and the signature is received on the copy and preserved as evidence.

2 Confirmation of identity certificate
Counterfeit identification is common in China. If you are suspected of forging your ID, you can check it by going to the website (www.ip138.com), sending your ID card name and ID number, and paying 5 yuan. You can also check the photos of the registered ID.