배움과 공유의 시간

04 Termination of Labor Contracts

Termination of labor contracts is much easier than termination. This is because the contract ends naturally when it expires. However, it is only available for the first fixed contract and at the end of the second fixed contract the user is no longer entitled to terminate the employment. Another problem is that, even when the contract expires, the contract expiration is automatically deferred until the situation expires if the employee is in a special situation, such as a medical device or three female planes.

1. Requirements for termination of labor contracts


Concept of termination of labor contract
The termination of a labor contract means that the labor relations formed between users and workers are automatically extinguished by the emergence of legal reasons. In other words, unlike the lifting of a labor contract, neither labor nor management is required to express their opinions, and if legal reasons are met, labor relations are extinguished.
ᄋ Termination of maturity: By fulfilling the contract by the expiration of the contractual term promised in a fixed-term labor contract and not renewing the contract at maturity, this means that the contract is terminated naturally (unapplicable for indefinite-term labor contracts).
ᄋ Court termination: if a worker retires, dies, or the company goes bankrupt or is liquidated;

In case the contract cannot be terminated at the time of the contract expiration;
In some cases, the management cannot unilaterally terminate the labor contract unless the negotiation is lifted even if the labor contract expires.
1 If a worker meets the requirements of a non-fixed contract
In case a contract for two consecutive fixed-term labor is signed, and the contract for ten consecutive years of continuous service is reached;
2 In case of special reasons for being restricted from dismissal
a If a special reason for legal protection exists, the termination of the contract shall be automatically postponed until the expiration date of the special reason. There is no need to sign a separate labor contract during the net period.
3 female employees (pregnancy, childbirth, breastfeeding period) and legal medical period due to illness
b Employees with less than five years of service until retirement (no termination of contract until retirement)

[Article 44 of the Labor Contracts Act]
1 In case of a disease or injury, it is allowed to remain in the hospital until the expiration of the legal medical period.
2 For pregnant female employees, the contract expiration is automatic until the infant is 1 year old.
3 If the company has 15 years of service and less than five years of legal retirement, the contract is not terminated until retirement.

Mandatory 30 days prior notice at the end of the contract term - only applicable to some localities
It is a provision that does not exist in the central labor law or contract law. However, some provinces (Daeryeon, Kang So-seong, etc.) were required to give prior notice 30 days by local law before the labor contract law took effect.
In addition, since the Labor Contract Act was not repealed even after its entry into force, companies based there are obliged to choose between giving prior notice 30 days before the expiration of the labor contract, or paying one month of advance notice, and ending the labor relationship early.
Nearly all companies are paying one month's advance notice and ending labor relations early, as normal work is not expected for a month until the expiration of the contract.

[working-level measures]

1 Areas where prior notice is mandatory (Bukgyeong, Gangsoseong, Daeryeon, etc.)
Special reasons such as a disease or pregnancy that limits termination of a contract may arise if the labor relationship continues to be maintained after prior notice 30 days. Therefore, it is recommended to pay an additional one-month notice in advance, sign a transfer agreement, and then take over and retire. Even if the company did not give prior notice for various reasons, the contract will end naturally and the company will have to pay as many days more for violating the prior notice.

[Requirement clause for early termination of contract]
If the labor contract matures on 30 September 2015, it is necessary to insert a clause in the turnover agreement, "For the convenience of sufficient time needed to find new jobs for the room (workers), Eulbang will raise its end of business as of 1 September 2015 and the company agrees to this."
(CAUTIONS)
If the above turnover agreement ends a month early, there is a possibility that the worker will seek illegal dismissal and economic compensation in the future, saying, "It is not the termination of the labor contract but the termination of the labor contract."

2 Areas without prior notification obligation
It is safe to notify you on the date of the expiration of the contract, but it is advisable to notify you by one or two weeks before the termination of the contract, receive a confirmation form, pay the remaining monthly salary and economic compensation, and complete the retirement procedure promptly. It is important to note that too early notice may create special reasons for limiting termination of the contract, such as the submission of a sick person, to delay the termination of the contract.

2. Risk related to termination of labor contract

(1) Termination of the net deferral of the contract

This means that the contract cannot be terminated due to the occurrence of a special reason just before the expiration of the labor contract, and after automatic postponement until the special reason is lost, the labor contract is terminated. However, it is possible to negotiate as much as possible if labor and management agree. The question is how much compensation will be offered as a condition of negotiation.
Especially, for female 3rd grade employees, employment is guaranteed for up to 1 year and 10 months from the time of conception.
Since we have the right to receive a living allowance for four months of maternity leave, we ask for substantial compensation
There is a possibility of doing it. In this case, the company enters into a long-term unpaid leave agreement (social insurance payment terms),
Select appropriate measures, such as lifting negotiations (pay preservation conditions during maternity leave) and job adjustment, to respond
I need it.

[Example] The contract cannot be terminated during the medical period due to illness
K worked for a parent company for three years and is due on Jan. 5, 2008. By the way, K had an accident while traveling to the suburbs on January 1, 2008, which resulted in a amputation of his right leg and three months of treatment. On January 5, 2008, the company notified K that it would not renew the labor contract at the time of the expiration of the contract, but K disagreed, saying that the company could terminate the contract only after the expiration of the medical term.
(Analysis)
In the case of a medical period within the prescribed period of the law, the company cannot terminate the labor contract even if the labor contract expires. Only after the medical device expires can the company terminate the labor contract on a non-executive basis.


(Question) Handling of 3rd term female employees with expired contracts
I would like to inquire about employees who are pregnant, delivered, and breastfeeding among the employees whose contracts have expired. There are departments whose jobs have been transferred to other countries, where several employees are pregnant, delivered and delivered. I know that because I don't have any more work, I don't want to sign any additional contracts at the expiration of the contract, but I can't because of the provisions of the Labor Contract Act. Do I have to make an additional contract at the expiration of the contract or can I not terminate the contract?
(answer)
At the expiration of the contract, but at the 3rd term (pregnancy, birth and breastfeeding) the labor contract is automatically re-enacted until the expiration of the legal protection period (until the infant is one year old). However, since there is nothing to do with your company in the real world, we should try to negotiate a settlement on the condition that you give compensation of economic compensation plus three months of maternity leave. 　

(2) Risk of termination of employment after the expiration of the contract

If the term of the contract has expired but is left unrenewed, a "factual labor relationship" is formed, and if this condition exceeds one month, a payment obligation of double wages is imposed on the user (there is no one month grace period in Beijing). In fact, in the event of labor relations forming, the company shall promptly conclude a written contract to prevent the accumulation of double-wage penalties.
After the expiration of the contract with the worker, ending the labor relations is regarded as a middle-of-the-road solution, and the economic compensation amount is calculated from January 2008 but not from January 2008. For those who entered the company before 2008, the amount of economic compensation will increase significantly.
In addition, if the company disposes of labor relations after the expiration of the contract, it may be deemed as an illegal release and may result in an economic indemnity payment risk. Therefore, it is necessary to choose between termination of employment or signing a renewal contract before the term of the contract expires

[Example] Risk of termination of employment after expiration of contract
J joined the parent company in 2000, the last labor contract was signed on May 1, 2007, and the maturity date was April 30, 2008. By the time the labor contract was due to expire soon, the company had announced that it would no longer renew the contract because it was in bad management and needed to cut jobs. Instead, since J had worked for a long time, he acknowledged his contribution to the company and gave him the opportunity to find a new job for two months without going to work, during which time he paid his wages normally. Two months later, the company gave J half-month economic compensation, and J applied for labor arbitration to calculate the economic compensation based on the total number of years of service after retirement.
(Explain)
Since J has in fact formed a labor relationship with the Company after the expiration of the labor contract, the termination of employment is considered to be a middle-of-the-road termination rather than a termination of the labor contract, so an economic compensation of 7.5 months shall be paid on the basis of the total service life. In this case, terminating employment at the expiration of the labor contract and giving a two-month wage on a per-unit basis would be a way to avoid unnecessary legal risks.


(3) Other precautions at the end of the contract expiration

1 Delivery of a notice to terminate a labor contract
If the company sends a notice of termination at the time of the expiration of the labor contract, but the company refuses to sign the contract, leaving it unattended will not be legally effective. Therefore, EMS should be sent to the place where the labor contract is contracted to be delivered to the place where it is sent, and the EMS delivery card with the name and the document title must be kept.
2 Check if unused date of annual leave exists
If an unused annual leave exists at the time of retirement, a compensation of 200 per cent shall be paid, so the employee who ends the employment shall be notified to use the unused annual leave by a fixed period prior to the notice of termination of employment.
3 Alternative vacation days for extra work (Tuesdays and Sundays.
200 per cent of overtime payment risks are avoided by arranging alternative leave prior to notice of termination of employment.

 Reduced staff

With the rapidly changing business environment, companies need a flexible employment system day by day, but the labor contract law imposed many legal restrictions on job cuts. Article 41 of the Labor Contract Act stipulated the process of job cuts for economic reasons, but the process, such as reporting it to the Labor Bureau, is almost difficult to make actual use of them. In the end, the government will have no choice but to phase out layoffs in a soft manner, such as the lifting of negotiations and voluntary resignation.

1. Legal process of layoff

Reasons for job cuts
The reason for restructuring is due to financial difficulties, and if there are more than 20 job cuts or less than 10 percent of all employees, they can be reduced (Article 41 of the Labor Contract Act). In this case, the number of employees can be reduced up to 30 days before an open meeting or an entire workman, after listening to the opinions of the people or workmen, and after reporting and registering the personnel reduction plan with the

Bureau of Labor.
1 When a company is regenerated in accordance with the provisions of the Corporate Bankruptcy Act;
2 In case of significant difficulties in production management
3 In case labor is still needed after changes in work contract due to the company's production conversion, significant innovation in management method, and adjustment;

There are three types of legal layoffs, but in practice the commonly used cuts are "important for production management." However, this should not be judged by the companies themselves, but by the standards of the local labor bureau. For example, the city of Beijing interprets "significant difficulties" as follows:
1 Faced with bankruptcy, the court declared that it had entered a corporate regeneration period.
2 An annual increase in the deficit for the third consecutive year will result in a debt overrun, 80 per cent of employees waiting and six consecutive months of inability to pay the minimum cost of living (Article 3 of the Corporate Economic Savings Regulations).

the process of legal curtailment
The following procedure is carried out for personnel reduction (regulation on the cause of corporate economic reduction in Beijing).
1 Up to 30 days ago, all public or employees are informed of the situation and are provided with data on the production management situation.
2 Submit a reduction plan, such as staff reduction and time to implement the reduction
3 Adjustments are made after listening to the opinions of the people or all employees regarding the reduction plan.
4 Report the opinions of employees, public institutions or all employees to the Ministry of Labor and listen to the opinions of the relevant Labor Office.
5 The medical institution formally promulgate the job reduction plan, carries out procedures for terminating work contracts with the staff who have been reduced, pays economic compensation, and issues a certificate of termination of work contracts.

the number of people who are not allowed to cut jobs.
The following numbers belong to the number of people banned from job cuts (Beijing's corporate and economic job cuts regulations).
1 In case labor capacity is lost or partially lost due to disease or non-operation injury;
2 Patient is within the medical period prescribed by disease or non-surgical injury
3 Women's 3rd term (pregnancy, childbirth, breastfeeding)
For male workers aged 50 and over and for female workers aged 45 and over,
If both are in the same company, only one can be cut.

a treasury report
Corporate job cuts should be reported to the Bureau of Labor. The Personnel and Social Security Administration, issued by the Shanghai Bureau of Labor in January 2009, sets out how to report and submit documents on corporate job cuts. According to the report, the ministry is required to submit a report on the job cuts to the labor ministry "in accordance with the opinion of its staff members or public hearings on job cuts."
Unless documents are submitted, the Labor Department's corporate job-cut report will not be repaired. In other words, Article 41 of the Labor Contract Act states that it is difficult for an entity to implement a reduction without the cooperation of employees, so only if it requires a large number of workers at a large factory at once.

2. Soft Workforce Reduction Scheme

The choice as a foreign-invested company facing management difficulties is a difficult way to make, as it takes a month to follow the court-martial notice 2 public notice and consultation 3 labor bureau approval and takes considerable time to complete the whole process. Under these circumstances, most companies are not "judicial job cuts" that cut large numbers of people in a single day in accordance with court procedures, but rather some sort of "hope."
It is taking a soft cut in the form of "retirement," i.e. "negotiation cancellation," not the "court cut" process.

Even with a soft job cut plan, if the plan is officially announced and job cuts are carried out on a daily basis, it is highly likely to worsen the atmosphere at work and trigger collective action by employees. Therefore, it is necessary to reduce manpower as much as possible in various ways over a long period of time and to divide and implement them in stages.
The problem is that employees with two or less years of service often resign voluntarily when their working conditions, such as wages, are reduced. Senior employees with more than three years of service tend to stay away from their jobs even if they are suspended because of high expectations for economic compensation.

Step-by-step soft job cuts (example)

1 Reducing wage income leads to retirement
ᄋ Reduce or suspend overtime hours to induce cuts in overtime income
ᄋ Freezing wage increases and suspending bonus payments
ᄋ Suspend the payment of unpaid allowances, subsidies, etc. in labor contracts and cut various welfare expenses
ᄋ Lower overall wage level through agreement with employees
- Wages promised in labor contracts should not be forcibly reduced, explain the management situation of the company, and suggest a plan to reduce wages from senior management positions to a certain proportion of wages by rank, and, if an agreement is reached, a new wage amount should be signed (excluding the low wage official).
ᄋ Deduction of wages by the number of days required to submit a petition
- Departmental rotation required a certain number of vacation days per month.
ᄋ Adjusting the number of working days in agreement with employees
- Convert to an agreement with employees, e.g. working three days a week, taking four days off, or two weeks a month in rotation (requires written consent).

2 De-negotiation in the form of voluntary retirement
Recruitment of voluntary retirees after setting a standard for payment of compensation, such as N+1.

3 Promoting the removal of workers' non-fault cause (a method with high legal risks)
a Promoting dismissal for "significant change in the target situation"
Under Article 40(3) of the Labor Contract Act, if a department or production line is closed entirely due to a management disturbance, the employees of the company shall negotiate job adjustment and wage reduction, and if not concluded, the labor contract shall be lifted on N+1 compensation basis.
b Under Article 40(2) of the Labor Contracts Act, the government shall negotiate with employees with poor performance or achievements, and lift the labor contract under the terms of N+1 compensation due to non-compliance of duty.

4 Operation suspension is carried out
In the event that the workers are unable to arrange normal work load, they can suspend their operations (front or part) and take standby measures. Because the work stoppage is related to the desperate interests of the workers, the explanation and opinion-taking process is necessary (no consent is required) for the employees in advance, and the permission of the Bureau of Labor is not necessary, but it is necessary to report it to the Bureau of Labor before implementation. Meanwhile, there are no separate legal regulations for the period of suspension.

the termination of negotiations on a labor contract

The lifting of the labor contract is the disposal of the rights that the worker holds.
Unless it violates the enforcement regulations, will it be entrusted to the free will of the workers? Therefore, the lifting of the negotiations is a workforce reduction method that minimizes legal risks. If compensation terms are agreed with employees, such as three women who are legally restricted from firing, labor contracts can be lifted by the lifting of negotiations at any time.

1. The concept of the lifting of negotiations

Advantages of Dismissing Negotiation
It is highly likely that the lifting of labor contracts in a one-way way will directly lead to labor lawsuits. For this reason, it is often more likely to take a negotiating approach than a high-risk court release.

The way the negotiations are negotiated is...
1 Reasons for court release are not necessary.
2 Minimize the risk of labor disputes,
3 It is advantageous in that it can avoid legal fees and compensation for the bankruptcy.

Meanwhile, it is possible to negotiate with employees for special reasons, who are restricted from dismissal, if agreed.

[Limited Disclaimer Staff]
Female employees in women's 3rd year, employees in medical equipment due to disease injury, employees with grade 1-6 disability rating due to industrial accidents, and employees working for 15 consecutive years
Employees who are under five years of legal retirement, etc.

Payment of Economic Compensation
In Korea, the company is required to pay severance pay in whatever form it retires, but in China, there is no obligation to pay compensation to management upon retirement due to employee reasons. In other words, the cancellation of the negotiations will determine whether the economic compensation is paid or not, depending on who first raised it. When a user raises an obligation to pay economic compensation, he or she does not have to give economic compensation if the worker first raises it.

[Example] Unnecessary economic compensation payment by the company's offer of early termination of negotiations

K signed a three-year labor contract with a parent company, but after a year and a half, he was preparing to resign due to poor health conditions due to work pressure. Then the company noticed the move by K to resign and raised the lifting of the labor contract, and K agreed to it and lifted the labor contract by a negotiation match. After the cancellation of the contract, K demanded an economic compensation ban, but insisted the company could not give economic compensation because it lifted the labor contract through a consensus of negotiations.
In support of K's claim, the Labor Arbitration Commission decided to pay two months' economic compensation.

(Explain)
Although the contract has been terminated by a negotiation match, since the company first raised it, economic compensation must be paid.

[Decommission of negotiations by management offer ]

If the management wants to terminate the contract halfway before the contract expires, the user must negotiate with the worker.
If there is no reason for the lifting of the law on the part of the workers, negotiations between labor and management need to be negotiated through a tug-of-war
In the course of negotiations, the proposal for the payment of economic compensation based on years of service is basically necessary, and how much more will be added to this will depend on individual lifting situations and labor-management negotiation skills.

As the labor contract law stipulates unilateral notice of dismissal and payment of economic compensation (two times the amount of economic compensation) instead of economic compensation, the amount of the negotiation is generally determined between the minimum compensation for resignation (the legal compensation) and the maximum compensation for resignation (the maximum amount that a worker can receive as much as the economic compensation x 2 times as much as the economic compensation).

In the course of negotiations, most workers take the one-month layoff allowance for granted, but there is no legal basis for this argument. (For cancellation of negotiations, no notice of dismissal was given a month ago.) However, in order to facilitate negotiations with workers, it is often necessary to add an additional one month or so in addition to legal economic compensation.

In the event of no violation of the company, it is often agreed upon on the terms of economic compensation, such as N (service training) +1 (for promoting negotiations).
However, in the case of a company that normally has many loopholes in its labor management, it is likely that workers will use them as bargaining chips in the negotiation process (payment of overtime fees, non-payment of labor contracts, lack of social insurance, etc.). If such unfair labor practices exist in practice, the layoff course may be increased as management will be placed at a disadvantage in negotiating the termination of the contract.

[working-level measures]

There is a formal method of signing [Sample10-8] and a simple process in the form of 2 [Confirmation] when negotiating a labor contract.

If a formal proposal is made, it is highly likely that the other party will take time off by questioning the outside world in doubt about the content.
If the company is small in size, does not raise the other party's alert, and wants to quickly terminate its employment, it may be a good idea to sign a brief confirmation that states, "Work is settled and we agree that there are no more disputes."

With such confirmation, it can basically prevent any act of reversing post-retirement agreements and requiring additional compensation.

[Confirmation]
I am relieved of my labor relations with the company because of the cause of the (negotiation) cancellation. I hereby voluntarily 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 one-off compensation_____元 (including wages in the month).
3. The labor conservancy etc. has already been settled, and no other dispute exists between the two parties.

[Transferred Agreement]
The biggest advantage of the lifting of negotiations on labor contracts is not only the termination of the contract, but also the package of all potential labor dispute issues during his tenure. In addition to the economic compensation, the negotiation can be concluded neatly by inserting a package of agreements into the turnover agreement, offering one-month wages for "promoting negotiations."

(Major clauses of the relocation agreement)
ᄋ In addition to the payment of ____ in a lump sum to Eulbang a year before the end of the month, the payment of economic compensation to Eulbang due to the termination of the labor contract, and all other expenses for the compensation of the surplus to be obtained by Eulbang, the item of which is the only and all compensation for the ultimate Eobang.
Eulbang shall voluntarily give up the compensation and compensation for the portion of economic compensation lower than the legal standard and other expenses.

ᄋ Confirmation of Eulbang: During his tenure, Eulbang received full pay (e.g., overtime expenses, etc.) and there are no labor disputes, such as pay remuneration, between the two parties.
ᄋ Acceptance of Eulbang: Eulbang shall not again file any demands, arbitration or litigation with the Affiliates. For whatever reason, no arbitration or litigation shall be filed against the party to question its economic and civil responsibilities, nor shall any other economic dispute exist between the two parties.

2. Dispute Case When Negotiation is Dismissed

Risk of payment under legal economic compensation
If an entity proposes to negotiate a settlement, it shall pay economic compensation (Article 46 of the Labor Agreement Act). However, if the negotiation is lifted at a lower rate than the legal economic compensation standard, a labor action can be filed against the shortfall later.
However, because law enforcement agencies respect "self-government" on both sides, there is no legal risk if an employee knows the legal economic compensation standard but agrees to a lower amount than the court, i.e. if his rights are disposed of.

In the statement of the transfer, one can add to the clause, "The worker is aware of the legal economic compensation he is required to obtain, and the other party (company) has fulfilled its obligation to declare."

[Case] Decree of invalidity on the payment of economic compensation under the court

J joined a clothing manufacturer of Quang Zhou in April 2004, and the last labor contract was from January 1, 2008 to December 31, 2008. In August 2008, the company offered to negotiate with J because it needed to cut its workforce due to poor management, and J agreed, and retired after signing a "Discussion of Labor Contract Negotiation Agreement" stipulating the receipt of three-month wages for economic compensation. After retirement, J filed a net claim knowing that under the Labor Contract Act, he could receive five months of economic compensation, but the company rejected the request on the grounds that the two sides had already signed an agreement in the Labor Contract Release Agreement.

(Explain)
The economic compensation money under the Labor Contract Abolition Consultation between labor and management is invalid because it violates the labor contract law's mandatory provisions. The company must give J five months' compensation. However, if the user satisfies the "notified obligation" at the conclusion of the agreement, the company does not need to pay additional economic compensation. This is because the worker is deemed to have given up his rights if the user has agreed to a lower economic compensation amount at the same time as notifying the legal economic compensation standard that the worker can receive in the agreement.

Precautions for Resolving Negotiation of Employees with Reason for dismissal
If there is a possibility of losing a case in the event of dismissal, because the company does not have sufficient evidence, the contract may be terminated by disciplinary action and pressuring the employee to resign for reasons. In this case, simply asking to resign can be strongly opposed, so it is also possible to conclude labor relations by signing the Transfer Agreement in a way that gives part of the legal economic compensation.
In this case, the Transfer Agreement effectively prevents legal risks if the workers themselves (excluding the management’s obligation to pay economic compensation) indicate that the company pays a certain amount of compensation for consideration.

[Example] Discipline and remove wrongful negotiation with the subject

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 after much consideration suggested to S that the negotiations be resolved. Originally, it was supposed to give 16,000 won in compensation, but it was wrong and thus could not give all of the compensation money, so it finally signed a consultation paper on the cancellation of the negotiations. "The two parties terminate the contract on a negotiation basis, and the entity also pays S half of the economic compensation."

(Explain)
The contents of the agreement were written against the enterprise. If S later requires additional shortfalls, the entity loses. 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 a negotiation agreement with the entity, and the entity pays S some compensation" because the management does not have to pay economic compensation, and some compensation is paid to the entity as a consideration.

5. Precautions for hiring experienced workers

(1) Whether to terminate or terminate labor relations with a former workplace

If an enterprise hires an employee, it shall enter into a labour contract after confirming that it has terminated its labor relations with another company (article 17 of the notice of a slight problem in implementing the labor contract system). The Labor Agreement Act stipulates that the former workplace is liable for compensation in the event of loss to the former workplace by employing workers whose labor relations have not been terminated (Article 91 of the Labor Contract Act).

[Case] Responsibility for compensation for the recruitment of non-existing employees in labor relations
K invested 100,000 yuan to train H, a high-end engineer, overseas, and signed a five-year labor contract with H, who returned home. However, after three years, H retired without permission and moved to M company. M did not properly confirm whether or not to lift labor contracts with his previous job, but gave him a high salary and hired H.
Although K put in another engineer due to H's sudden unauthorized retirement, a lack of technology led to the production of defective products, which resulted in a direct economic loss of 500,000 yuan due to massive returns and inventory accumulation. K filed a lawsuit against H and M to compensate for the economic losses. As a result, it was deemed to be a breach of contract by H and in the case of M, 70 percent (35 million yuan) of the loss was imposed for hiring workers whose labor contract with the former workplace was not canceled.

[working-level measures]

1 When hiring an employee, the employee is required to cancel a labor contract with the former workplace or submit a certificate of termination, and the original copy is kept after verifying the authenticity of the document.
2 If an employee is unable to submit a work contract cancellation certificate, the employee shall be informed of the contact or possible attestation of the former workplace and conduct an investigation. In particular, important technical personnel should contact the former office to make sure that any outstanding matters such as mandatory service period and penalty fees remain.
3 If you find that your labor contract with a former workplace has not been lifted yet, but you need to contact the former job to check the status of the employee and ask the recruiter to submit a written confirmation.
[Confirmation (Sample)] Employees have already cancelled labor contracts with other companies when they sign the labor contract.
Or guarantee that it is terminated. If that problem leads to a legal dispute,
In the event of such a case, the employee himself"

(2) existence of an agreement to limit the occupation

At the time of retirement, especially for technicians, there are some business-restricted agreements with the former company. In the event of a "restricted business" agreement between the original company and its employees that is conditional on the payment of a certain amount of compensation each month, it is prohibited from working for a competitive company within a certain period of time or in a similar industry, and the company is responsible for indemnifying the penalty in the event of violation. Employees who are engaged in a previous job and a business-restricted agreement are hired by a new employee and found to have made profits and been involved using technical data or commercial secrets carried by the employee will be held liable for the rights violation.

[Example] Responsible for compensation for the employment of employees who sign a contract to limit their occupation
Company A hired Wang, a high-end engineer. One day, an official letter came from rival B. Wang and Wang signed a business-restricted agreement on retirement, and since the company that employs Wang was agreed in the agreement to take responsibility for the joint compensation, "You are advised to immediately terminate the labor contract with Wang, the company will apply for labor arbitration with Wang, and you will also be responsible for the joint compensation."
(Explain)
The agreement was signed between Company B and Mr. Wang, and the third party, Company A, is legal.
As it is not binding, Company A does not have to be held liable for the joint compensation. However, Company A has limited business hours.
If an entity employs and employs the arrangement in clear knowledge of the existence of the arrangement, it will be required to provide for the loss incurred by Company B.
be liable for indemnity

[working-level measures]

1 When hiring advanced technical and managerial positions, it is required to check whether or not a previous job and a limited business agreement have been signed. The best way to do this is to ask employees to inform them about their contact information or possible attestation, and to confirm whether they have signed a business restriction agreement.
2 In addition, the company shall receive a pledge that it does not sign an agreement with the original company and that it will be responsible if it is false. However, receiving a written consent does not exempt a new company from liability in the event of a lawsuit.

What is required to exercise the right of place

Points of the sortation term neck designation exercise
Pre-acquisition of nationality foreigners o "foreign employment permit"
Under 16 years of age, o classified as "childhood" and thus legally prohibited from employment
No hard work or dangerous labor as they are classified as "male workers" between 16 and 18 years of age.
(Note) Registration of underage employees in the Ministry of Labor and mandatory annual physical examination
Technical and functional post o "medium-duty driving license" and "welding license" are pre-checked for possession and validity of professional certificates.
Occupational risk ( 포스트) post o pre-check whether there is a disease in which employment is taboo
Pre-acquisition of post o health certificates related to public safety and hygiene
Guitar
사항 5th place & 5th place

Confirmation of academic background (college graduates) o China Higher Education Students Information Site (www.chsi.com.cn) free
(Note) Only after 2001. Previous graduates need to be checked by the school
Check your work experience o If you are retired, contact your former workplace contact.
A survey of the company's work status before retirement, etc
o For advanced management positions, such as manager and manager, refer to credit survey company
Risk avoidance due to health problems o through physical examination of prospective employees, and check the presence of chronic diseases in advance
o Require a pledge from third parties that they have no history of fantasy or occupational disease;
Avoidance of double employment risk o require submission of a certificate or pledge of termination of labor relations with a third party;
Confirmation of the obligation to prohibit employment in the competition field o contact the former employer to confirm the existence of the obligation to prohibit employment in the competition industry
Verifying the possibility of pregnancy o Prior to physical examination for positions that are not suitable for employment of pregnant employees
o Check the possibility of pregnancy after joining the company, considering the age group
Student o Confirmation of student status (requires identification signature on a copy of identification)

6. Background investigation

In the labor scene in China, where labor lawsuits have become routine, the importance of the recruitment investigation is increasing day by day. This is because neglect of job search and identification can cause a lot of damage to the company. In particular, for high-ranking positions (management and technical positions), an investigation into the previous work experience is required, and the relevant certificates, etc., need to be verified. If there are no problems with the investigation results, all certificates collected shall be kept in the personnel file of the employee concerned.
In the case of small- and medium-sized enterprises, the fact that they are in a difficult position these days is one of the reasons why they are neglecting their job search. However, the company's losses are huge because it hires one of its employees wrong. Even if the problem employees are found and exported during the trial period of several months after joining the company, the resulting losses (such as recruitment costs, re-employment expenses, and past payment benefits) will be enormous. Furthermore, if the employee is fired after switching to a full-time position due to failure to pass the test period, the termination cost will be higher.

(1) Conducting background checks and preparing work
1 As a recruitment officer or personnel manager, the person who participated in the interview test of the candidate for employment
2 hours: After the interview, the decision on hiring was made.
3 Type: Telephone Survey is desirable
4 Preparation work before background investigation
　 o Prepare survey item table to inquire when background of written phone
　 o Select the main point when inquiring
o When interviewing candidates, the evaluation results of background survey directly affect employment decision
That's crazy. That't it?

(2) Identifying information collection routes
1 Request to fill in the certificate and supervisor in [Sample 2-3] (two previous workplaces)
2 Identifying candidates through multiple channels, e.g. personnel departments, supervisors and
one's colleague, etc
3 Collecting information about job candidates by using their personal connections or personal network of colleagues
4 If you are currently working in a job, you should avoid contacting your current job as much as possible.
Inevitably, it is necessary to seek the consent of the candidate for employment before inquiring
　　

(3) Inquiries made during background investigation
　1 Working hours, positions, circumstances of promotion or demotion, retirees, etc. of previous work (2 places, etc.)
　2 Actual job details, responsibilities and personnel performance status
　3 Position and wage welfare level in charge of previous work
　4 Work ability, attitude and personality characteristics, etc.
5 Whether absenteeism or sick leave (body health condition) were present in the former site;
6 Whether to sign a consultation document limiting the number of employees in the previous job (or current job) and the competition sector
7 Whether there were any labor disputes or disputes with the former office (very important)
[Reference] For questions, be careful not to give a meaningless answer such as "good, bad" or "bad" if possible.

(4) Procedure for progress
　1 Explain the intention of self-introduction and inquiry and stress that the phone call will be kept secret
2 First, let the person know what you're going to ask, and then check if the person is uncomfortable with the conversation.
enquire whether or not
　3 Research and inquiry is conducted
　4 Ask the person if he or she has good working attitude or behavior.
5 Ask the caller if it is possible to introduce another person.
6 Thank you for your cooperation and express your willingness to cooperate if the other party makes the same background inquiry to your company
7 Record the background survey and inquiry results in [Sample 2-5] and report them to the management team.

(5) Precautions
1 Focus on work-related issues.
2 List the subject’s speech, short silence, suggestion, explanation, or problem of avoiding answers in detail, particularly noting the benefits and "other items" of the Applicant Background Survey Record.
3 Ask for specific examples rather than abstract ones
4 Thoroughly maintain confidentiality of data obtained during inquiry process.
5 After the interview, conduct an investigation and inquire immediately.

(6) Checking work experience
1 In case of a work experience, a person can directly check the phone to the previous work place. There is also a way to secretly check the number of the contact number and the person in the previous job who can prove himself by making a notification from the employee himself, or by searching the Internet to make sure that he is fully satisfied. Since there is no law in China that regulates leakage of personal information as well as the protection of personal information only exists, the direct telephone survey method needs to be actively utilized. In order to hide unsavory reasons for retirement, we may cite reasons such as the bankruptcy of the company, which in particular requires confirmation of the actual bankruptcy of the company.
2 There is a professional research company in China that conducts a credit survey of its employees. In particular, global foreign-invested companies often use credit survey companies to identify candidates' status and career experience when hiring high-level management positions.

[Reference] The credit survey company below, based in Shanghai, conducts a credit survey on Japanese companies for Chinese applicants. In particular, it is worth considering the use of high-paid/high-ranking Chinese officials.
http://inform.net.cn/inform/ http://inform.net.cn/inform/ http://inform.net.cn/inform/
** PersonalCredit Report (PersonalCredit Report), 4,500th and

01 Recruitment

With the continuous implementation of the labor law, which puts priority on protecting workers' rights, such as the Labor Contract Act, the risk of employment by companies has risen sharply, and in effect, the initiative in labor relations has fallen into the hands of workers. Many of the labor disputes are often caused by lax management of the recruitment phase, among other things, becoming a "fire line." The best way to prevent employment risks is to thoroughly manage recruitment and block the entry of unqualified people from "entry."

1. Basic work on recruitment and recruitment

(1) Position setting and organization (determining)

The expansion of corporate manpower is not easy to control. As sales increase, the heads of the relevant departments are bound to complain of a shortage of manpower, while those not directly involved are scrambling to increase staff. If the company fails to control the increase in manpower, it will soon result in an excess of work-ready personnel, which will lead to unnecessary increases in labor costs, as well as a widespread distracted and complacent attitude, resulting in a decline in the overall labor efficiency of the company.
To prevent this phenomenon, it is necessary to establish positions in the company and "control devices" called "decision-making" of position installation and garden system. After confirming the organization structure of the enterprise and the positions of each department, the job analysis proceeds with the establishment of the position and the arrangement of the quota, which is the basis for all HR tasks, and at the same time is the evidence for recruitment.
o Position installation (determined): Position required within the enterprise is installed based on scope and nature of work
o Determining the proper number required for each position

After determining the position installation and quota, the number of persons assigned to each position shall be determined based on the number of positions The personnel assignment by position, determination by position, and determination are collectively referred to as "3 determination". The "three determinations" are the basis of the company's recruitment management.

List of position settings (case)
Position status (position) in the numbering category (postion) and current status in the details of the work.
1

(2) Preparing a job description

Job description for the position installed and installed during the determination process
It is necessary to write a book. The job description shall be prepared by the personnel department in consultation with the current department. The existence of Job Descriptions [Sample 2-1] is the only way to set employment standards and find the right people.
Korean companies are vague about one or two lines of information such as "holdings of business experience that can be used for Korean language."
Many are hiring by themselves. If this is done, it is easy to have a hiring miss because the exact requirements of the person to be hired are not defined and the image of the person to be hired is not drawn.
What is most necessary before recruiting is to clarify the department’s policy of seeking employment. Under the policy, it is necessary to analyze what the employees will do basically, based on their daily, weekly and monthly duties.

(3) Control of recruitment of employees

Staffing departments that are scheduled to use the workforce are required to submit a request to the human resources department by listing the manpower demand table [Sample 2-2].
Personnel departments review the need for recruitment, based on the quota system by company position. If an application is made outside of the quota system, the personnel department shall submit the application to the company management for approval and then conduct the recruitment.

2. Recruitment and recruitment process

[Stage 1] Preparing for Recruitment
o Request to submit the Personnel Demand Table [Sample 2-2] to the Employment Needs Division
o In case of an office management position, request the preparation and submission of a job description for the relevant position [Sample 2-1];

[Stage 2] Publication of Recruitment Information
o Choosing an appropriate recruitment method (Internet recruitment site, workforce introduction company, headhunting, etc.)
o Selection of Internet recruitment sites according to employment targets
- Low level positions such as functional, public, etc.: 58城Subject, 赶集, 百姓, etc.
- Office jobs, mid- to high-level positions: 웹사이트 (www.zhaopin.com), 看准网 (www.kanzhun.com), 程无扰 (www.51job.com), 智联网 (www.51job.com), 智联网 (www.zhaopin.com), 智联网 (www.zhaopin.com), 智联网 (www.56job.com) and 中 华 (www.56job.com)
- High rank, technical position: headhunting, etc.

[Stage 3] Screening of resumes
o Initial resume screening in human resources: age, gender, major, academic background, experience and achievements, education and training, etc.
à After the first screening process, prepare the resume screening result table based on the basis of factors
o The use department conducts a second screening process for the first selected resume and makes sure that the employees are qualified for the employment conditions.
Confirmation, notice to the Personnel Department of Personnel.

[Stage 4] First Test Candidates Phone Call
o Conduct a brief interview on the phone
- Those who fail to meet the company's employment criteria should be eliminated by checking the applicant's basic situation, job-seeking motivation, and wage conditions.
o Notification of company visit time, place, and instruction data, etc.

[Stage 5] Conducting the first test (Human Resources)
o Requesting and verifying identification of the job applicants on site
o Personnel Recruitment Manager Conducts 1st Interview
- Evaluate factors such as appearance, personality and personality, communication and expressive ability, values, and convergence with corporate culture.
- Record the results of the interview on the interview assessment table [Sample 2-4]
o Requests the human resources department to conduct a second interview for those who pass the first interview
- Send the Employment Information Register and the Access Evaluation Sheet to the Manpower Use Department

[Specific] For positions required by the job, take a written/practical test

[Stage 6] Conducting the second test (Human Resources Department)
o The head of the human resources department conducts a second round of interviews on factors such as professional functions, experience, work skills, and teamwork
- Record the results of the interview with the employment opinions on the interview assessment table.
o After the interview, send the Personnel Department an Interview Evaluation Sheet
- In-depth interviews are conducted by the management team, technical staff, and high-ranking officials with a certain grade or higher.

[Stage 7] Background survey and recruitment report
o Background investigation
- Background surveys should be conducted on management/technical personnel with a certain grade or higher among those who passed the second test.
- Write the results of the survey in [Sample 2-5] and sign it.
o After phone calls, e-mails, etc. on demands such as wage and welfare, job candidates are appointed to the management of the company.

[Stage 8] Physical examination information
o Request for physical examination by the company-designated hospital for recruitment.
- Hospital requests notification of physical examination results to the company
o Review of physical examination results
- for those who have problems with their physical examination results, such as infectious diseases, high blood pressure, liver failure, etc., notice that they are not able to be employed euphemistically, citing reasons other than physical health problems.

[Stage 9] Notification of the date of employment registration
o Notification of job registration date and list of sub-contractor data to recruiters
- Send mail in the form of a simple notice, not a formal notice
o Personnel department requests the relevant department to proceed with preparatory work regarding the placement of new employees

[Stage 10] Job Registration Procedure
o Preparation of an employment registration table [Sample 2-6] and confirmation and receipt of various submission documents
o Signing labor contracts and various agreements