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02 Working hours system

There is a standard working and special working hours system in China, and the special working hours system is again classified as irregular working hours and comprehensive calculating work hours. The most common hiring in our company is the standard workweek system of eight hours a day and 40 hours a week.
The company analyzes its functions well, and in order to control labor costs, it is required to ensure that the jobs that meet the requirements are identified.
In the case of a general calculation work time system, which allows overtime surcharges of 150% even on weekends, or for special duties with no fixed working hours, it is required to control overtime pay by implementing the irregular work system with the permission of the Labor Office.

1. Types of working hours

(1) Standard working hours system

The standard working hours system refers to a work system that assigns a minimum of one day of work per week, eight hours per day, 40 hours per week. It is the most commonly used work system in China. "Standard shift" is understood to mean "Monday-Friday commuting," "eight hours a day" and "two-day weekend breaks" but all three of the following are considered standard working hours and are not recognized as overtime.
1 8 hours of daily work. Eight hours can be located at any time of the day or distributed over several hours.
At least one holiday every week. However, any time in a week is possible (i.e., not weekends)
3 40 hours of non-examination every week.

Precautions for weekend work

One weekday work hours are shortened and in the event of the implementation of the system every Saturday morning (e.g., seven hours a day for five weekdays, five hours a weekday, five hours a week), there is evidence that weekly work hours do not exceed 40 hours in case of weekend overtime claims.
[Action] Record working hours on absenteeism and receive employee's signature at the end of the month
Preservation of evidence is required even if you send them to work on a weekend and arrange a two-day break on a weekday.
Failure to do so could result in a weekend overtime claim dispute.
[Action] Work hours are promised on a labor contract or a holiday that is arranged on a weekly weekday for absenteeism and tardiness records is recorded and an employee's confirmation signature is received at the end of the month.

(2) Special working hours system

In the event that an enterprise cannot implement a standard working hour system (eight hours a day, forty hours a week) according to the characteristics of production or the specific nature of the work, there is a non-regular work system and a comprehensive calculation work hour system (Rules on the Standard for the Assessment of the Employment of the Comprehensive Calculated Working Hours by the Ministry of Labor) in 1994.

1 Non-regular work hours system

The irregular work system refers to a flexible work system in which no hours are set, as a condition of the permission of the Labor Office, if it is not possible to hire a standard time work system according to the special nature of the work type (job). Because there is no need to pay overtime for employees who apply the irregular work schedule, it is an advantageous working-hour system for businesses. However, it is only approved by the Department of Labor when the target is judged to be a job whose commuting time cannot be determined due to the high-level management positions, salesmen, transport jobs and business characteristics.
[Central code - subject to irregular work hours]
1 Depending on the advanced management position, outdoor staff, sales personnel, some on-call staff, and the details of the work, during standard working hours
Other employees who cannot manage according to their needs
2 Long-distance transport workers, taxis, railways, ports, warehouses, and special handling characteristics.
Jobs requiring mobility
3 Due to other production characteristics, special demands for work or the scope of the position, the implementation of the irregular work system is required.
suitable other workers
On the basis of the above central regulations, each local labour bureau establishes and implements separate administrative rules, creating and implementing more detailed standards, so companies applying for irregular work must first check with the local labour bureau.

[Example] Job suitable for the irregular work system as stipulated by the Department of Labor in the Congregational Shaman
1. Advanced management position (the number of employees who sign on the annual salary system of the company's managers and fit on the irregular work system)
2. A full-time driver of a high-level management position; a secretary
3. Out-of-the-box employees
4. Long-distance transportation personnel and escort personnel whose wages and labor are interlinked
5. The load carrying personnel of airports, railroads, ports, warehouses, etc. where wages and labour are interlinked
6. Safety expenses, non-production personnel
7. Other personnel suitable for the implementation of the irregular work system due to production characteristics, special demands for work or positions
(Related regulations) Notice on strengthening work hours management and completing special work hours audit rules

[Applying the irregular work system to senior management positions]
Article 217 of the Chinese Company Law stipulates that the scope of the senior management position is "the general manager, deputy manager, financial officer, secretary of the company's listed company, and the person designated in the articles of association." However, it is necessary to confirm that each region has different criteria for recognition of the high-level management position of the Bureau of Labor.
In the case of Beijing, based on company law, the high-ranking management position is limited to "general accountancy, deputy assistant manager, finance officer and president secretary of a listed company." Diarrhea, designating a department manager as a high-level management position in the company's articles of associationHowever, the application of irregular working hours is not allowed for department managers. In Shanghai, however, the application of the irregular working hours system is recognized if the ministry is designated as a high-level administrative position in the articles of association.

Advanced management can implement irregular work without the approval of the Labor Office
In Beijing, it is the only place in the country where high-level management positions require approval from the Bureau of Labor.
No, the company can directly implement the irregular work hours system for high-level management positions (in the case of Bukkyung).
Article 16 of the Enforcement Rules of the Company's Comprehensive Calculation Working Time System and Working Time System.
In this case, in order to avoid future overtime disputes, the entity shall apply the irregular work system to the advanced management position.
It is necessary to make a clear commitment to the labour contracts

2 Comprehensive calculation work time system

The comprehensive calculation working hours system only applies to workers engaged in special tasks such as transportation, aviation, travel and architecture, and industries subject to seasonal intersections between peak and off-season, and under natural conditions. For example, after two consecutive months of overtime and holiday work during peak seasons, overtime payment is not required unless the total amount of working hours in a given period, such as the month, quarter or year, exceeds the total amount of working hours in a standard working day. If overtime is exceeded, only 1.5 times overtime is paid for the excess time (if working hours are legal holidays, three times overtime is required). To operate the system, it must be approved by the competent Labour Office in advance.

[Central code - subject to comprehensive calculation work time system]
1 Workers who need continuous work due to the special nature of their work among industries such as transportation, rail, postal transfer, river transport, aviation and fisheries
2 Some workers in industries subject to seasonal and natural conditions, such as geological and resource exploration, construction, decontamination, embankment, travel, etc
3 Other workers suitable for the implementation of the comprehensive work hours system

Total amount of working hours per cycle
Basis for Calculating the Total Amount of Labor Hours
20.83 x 8 hours per month = 166.64 hours a month, 250 days of annual workdays 20 12 months = 20.83 days
Quarterly 62.5 x 8 hours = 500 hours of annual workdays 250 days ÷ Fourth quarter = 62.53 days
250 days a year x 8 hours = 2000 hours a year 365 days a year - 104 days total of weekends a year
- 11 days of legal holidays = 250 days

2. Legal requirements for the special working hours

The category of special work hours does not permit voluntary implementation of labor contracts between businesses and workers, and must obtain pre-examination approval procedures for the frequency, target tasks and number of employees before the irregular work system is implemented.
If carried out without permission from the labor sector, it is legally invalid. If a worker raises a labor dispute, there is a lease size that is considered a standard working day and pays back overtime. It should be noted that a certain validity period is set, such as one year, on the state-run labor permit. It is necessary to apply for a renewal from the Bureau of Labor before the expiration of the term of validity

When applying for a special work hour system, it is necessary to sign the consent of the staff.
When applying for a special work system, such as the irregular work system, the application table requires the "public opinion" to be stated, and some local governments require the workers to sign their consent, which makes it difficult to obtain the consent of workers who do not want the special work system, which is penalized for overtime expenses, if they do not sign an agreement in advance.
(Note) In Xiamen, Daryeon, etc., workers' consent is signed on the application form for the irregular work system.
stipulate to be
Therefore, it is necessary to conclude that the Labor Agreement shall apply the irregular work system (or the comprehensive calculation work time system) under the approval conditions of the Labor Bureau when the labor contract is first signed (or signed consent on separate land) to prevent cases in which employees subject to the special work system refuse to sign the agreement at a later.

[working-level measures]

In the event that the company switches to a special work-hour system (in case of irregular work or a comprehensive calculation work-hour system) after obtaining approval from the relevant labor bureau during the period of the labor contract, the special work-hour adjustment relationship shall be stipulated in the labor contract department in advance when the employees of the relevant duties are hired.
"In the event that the work demand requires adjustment to the irregular work system or the comprehensive labor time calculation system in relation to the demand of the Eulbang position through approval of the labor sector, the party shall base its announced adjustment disclosure and agree to execute the Eulbang as it is."

01 Absenteeism and tardiness management

The most basic way for a company to proceed with its management of workers is to require employees to commute on time. If there were no constraints on myopia assessment, employees would be less time-conscious, and if the time-concepts of the organization’s members were loosened, it would inevitably lead to a lack of discipline in the workplace, as well as reduced work efficiency throughout the organization, and waste of time resources.

1. Overview of Absenteeism and Absenteeism

Absenteeism and tardiness management refers to the task of checking, processing and analyzing the attendance status of employees, such as commuting, late attendance, absenteeism, vacation acquisition and overtime work. Absenteeism and tardiness records are the basis for calculating labor compensation and are used as important evidence that must be submitted in court in the event of a labor lawsuit.

(1) Absenteeism and tardiness management method

There are various methods of absenteeism and tardiness inspection as shown below. An entity may choose the appropriate method depending on its business characteristics, size of personnel and job characteristics.
　　 Comparison of typical absenteeism and tardiness methods
Advantages of Absenteeism and Absence of Absenteeism and Absence
Difficulty in falsifying the records of absenteeism and labor disputes, signature requires supervision of the personnel who specialize in evidence capability and is applied to the workplaces of the few employees who are busy with statistics.
Time Recorder High maintenance cost due to the use of time cards applicable to any type of business. Small business establishment with easy proxy check, non-credit card or frequent loss
ID Access Card S/W facilitates statistical aggregation. Large-scale access to or access to a credit card can be conveniently checked.
Frequent card failure and loss situations suitable for work places isolated from outside
Fingerprint recognition check: Difficult to operate false information, convenient check speed for statistical aggregation due to S/W, and possible recognition failure due to weather factors
Mobile phone S/W Checkout outside of work combined with the location measurement function of the smartphone, such as a dependent salesman.

Prevention of Absenteeism of Absenteeism and Absenteeism
The manipulation of absenteeism and tardiness checks is widespread in the labor scene. Time recorders and ID cards are easy to check by proxy, and in the case of fingerprint recognition absenteeism and tardiness, they make silicon fingerprints and make proxy checks to other employees to earn extra money.
To prevent and ensure evidence of such absenteeism and tardiness, the entity needs the following preventive measures.
1 Strict punitive measures against absenteeism are specified in the employment rules.
[Example] Check absenteeism and tardiness cards on behalf of others, or check absenteeism and tardiness cards with others
If consigned (one: written warning, two: contract cancellation)
2 CCTVs are installed around the muscle tone inspection machine to record employee absenteeism and tardiness check activities.

Preparation of monthly absenteeism and tardiness inspection table
Before monthly wages are paid, it is necessary to compile a comprehensive monthly absenteeism and tardiness inspection record of each department's staff, overtime and vacation conditions. The completed summary sheet shall be sent to each department to obtain the employee's signature and pay the wages based on it.
Recently, most companies have been conducting fingerprint or IC card-based absenteeism and tardiness checks. Nevertheless, the records of absenteeism and tardiness that the company submits out of the electronic muscle record system in the event of a labor action are not adopted in the case of a labor action unless the worker acknowledges them because of their operability.
Therefore, it is desirable for electronic absenteeism and tardiness management to produce monthly absenteeism and tardiness record data, prepare the monthly absenteeism and check employee’s signature, and calculate the monthly salary based on that. Evidence that such an employee's signature has been verified is recognized by the court.

(2) Precautions for absenteeism and tardiness management

1 Poor absenteeism and tardiness evaluation directly leads to litigation risk
The Absenteeism and tardiness management system is the basic management work of the company, and the company shall be responsible for proof of the employee's attendance at the company in the event of a labor lawsuit with the employee. For example, disputes such as unauthorized absences from work and unpaid annual leave are all directly or indirectly related to the confirmation of rush hours. In the event of a failure to perform a Absenteeism Assessment or a poor performance, the Company may not submit a valid Absenteeism Assessment record to the court, which will soon lead to the company's defeat.

2 Reasons for absenteeism and absence are required
It is always happening when employees are absent from work due to sick leave and vacation. However, without clarifying the type of absenteeism, there can be disputes over whether they are absent without leave, vacation or vacation. In particular, annual leave should be compensated for double wages when unused, so the company should clearly record the situation of annual leave in the Absenteeism and then obtain employee's signature confirmation every month.

3 Need to confirm worker's signature on monthly absenteeism and tardiness tally sheet
Absenteeism and tardiness aggregate is used as a very important piece of evidence in labor litigation. The most controversial issue in the case is whether the Absenteeism and tardiness tally sheet, which does not have the employee's signature verification, has proven effective. The Absenteeism and tardiness statement, printed through fingerprints and ID cards, is subject to manipulation, so it is difficult to be recognized in law unless signed by an employee and denied by an employee in court. Meanwhile, various written requests, overtime work certificates, and CCTV recording materials installed in front of the muscle check size can be used as supporting evidence in the event of a lawsuit, so keep them safe.

4 Unauthorized implementation of the Special Working Hours System by the Labor Bureau
In the case of positions that implement special work hours, such as irregular or comprehensive work hours, approval from the Labor Office is required. Without the ratification of the Bureau of Labor and by bilateral agreements alone, they could face huge overtime pay lawsuits.

5 Clear definitions of working hours and abnormal work conditions and regulations on punishment are required
The company's absenteeism and tardiness management system includes such matters as the working hours system, the definition of work hours, punishment clauses, work hours arrangement, and overtime application procedures, and legal risks exist if the regulations are ambiguous or not properly enforced.
For manufacturing companies, a clear provision should be made for "work-in-time breaks" to prevent collective demand for overtime costs. Also, the definitions of tardiness, early leave and absence without leave shall be defined and the handling (punishment) shall be specified accordingly.

6 Need to establish an approval system for overtime work
The entity should clarify the review approval process for overtime to prevent circumstances in which employees work overtime for personal reasons and require overtime fees. Only overtime work, which was applied in advance and approved by the supervisor, shall be subject to overtime, and any unauthorized overtime work shall be recognized as voluntary overtime, and the verification procedures for after overtime work, actual overtime hours and the circumstances of completion of the work shall be stipulated.
2. Handle abnormalities at work

(1) Handling of tardiness and early leave

The processing of tardiness and early retirement requires different responses depending on the nature of the industry or the size of the company. For businesses with a large workforce such as manufacturing and distribution businesses, it is desirable to operate a system that requires strict attendance at work, such as overtime pay, cuts overtime pay for those who leave work beyond a certain level, and reduces their corresponding wages by considering it as unauthorized.

[Example of Employment Rules] Definitions of Perception, Early Departure and Handling Regulations
(1) If an employee checks a fingerprinting machine within an hour (including) after the time of work, it shall be considered late.
(2) For reasons other than the need for work, it shall be regarded as an unauthorized leave of work if the employee leaves the place voluntarily before work hours.
(3) If a person exceeds one hour late or leaves work without leave, he or she shall be treated as a half-day without leave (per day.
A deduction of 0.5 times the basic wage), a lateness of more than 4 hours or more (a deduction of 1.5 times the basic wage per day) shall be treated as one day of unauthorised leave of absence (a deduction of 100% of the daily wage) and a deduction of 100% for overtime pay.
(4) If there is more than three accumulated periods of late or early leave each month, the allowance for overtime shall be deducted by 100%.

(2) Handling unauthorized absences from work

Unauthorized absence is an act that seriously destroys the order of work. If the employment rules stipulate that the contract is canceled in a row of zero days, dismissal is possible. However, truancy should satisfy three conditions at the same time, the approval of the 2nd boss of 1 labour and the absence of a valid reason for 3rd Of these, the most important is Section 3, and if there are justifiable reasons, such as accidents or unexpected diseases, the company's dismissal is not recognized as legitimate.
Unauthorized absenteeism does not mean just absence without leave. It is also a form of truism that refuses to adjust the company's legitimate duties, does not go to work in a new position, or does not follow the company's instructions and thus does not take up a designated position. Companies need to set clear rules on what circumstances in the employment rules "are considered to be absent without leave or without leave" and to specify corresponding measures in the employment rules.

[Example of Employment Rules] Defining and Handling Unauthorized Absences
(1) If the following cases apply, consider it an absence without leave and dispose of it without leave.
1 Those who do not pay a request or do not report to work without approval.
Do not apply for an extension of the vacation even though the vacation period has expired, or apply for an extension of the vacation.
a person who does not show up for work despite his unauthorised consent
2 sick leave, person who has rewritten or forged a request certificate;
3 The reason for the request or the person whose certificate does not match the facts
4 Those who do not attend business meetings or company arrangements held by the company without approval
5 Those who disobey the company's job-coordination arrangements due to job-deficiency, fail to take up a new position, or fail to participate in education arranged by the company as a cause of job default
6 Those who do not come to work without permission during the handover period
7 If a person refuses to work without good reason, he or she is considered absent without leave and is absent without leave.
Time is reckoned as the time you refused to work.
8 Adjustment of duties or assignment without obedience to the assignment and without objection in writing,
a person who does not come to the work post at a fixed time.
9 Those who exceed the threshold of being late (1 hour) or who leave school without leave
10 All kinds of absences without proper cause
(2) Handling unauthorized absences from work
1 For half-day without leave, 0.5 times the basic wage per day shall be deducted and 1.5 times the basic wage per day for one day without leave.
Two consecutive days of absence without leave (including) or five days of absence accumulated in the year shall be strictly violated and the labor contract terminated.