배움과 공유의 시간

Strike

Since the strike in May 2010 in Guangdong province and other cities swept the country, strikes in China have now become nothing special but one of the "daily multiple reflexes." Now workers are well aware that when they have the chance, the best way to maximize their economic interests is to strike in groups.

1. The status quo of a strike

the main cause of the strike
Faced with a recent global economic slump, overheated competition and rising labor costs, companies are facing layoffs, business restructuring, and shifting their strongholds to and from home and abroad, while workers are often trying to squeeze companies into collective profits in the form of strikes. There is a significant increase in the sense of rights of China's highly educated and new generation of workers, symbolized by 80 to 90 degrees.
It is also a major cause of the strike's.

Below is a summary of the causes of the major strikes in China in recent years.
ᄋ The company has a new salary system or in-house regulations (wage work system, reward and punishment, absenteeism and tardiness management system, etc.)
revised, but workers feel they are at a disadvantage than before.
ᄋ In case the company's wage adjustment is delayed even though the minimum wage has been increased, or the level of bonuses has suddenly decreased;
ᄋ In case of a situation where a joint profit violation occurs, such as cancellation of allowance, overtime cost basis, and payment of social insurance and kitchen public funds;
ᄋ In case overtime is forced by a rapid increase in orders or overtime costs are reduced due to reduced orders,
ᄋ In case of a change in the business reorganization or labor management method (such as the replacement of the general account or merger of companies, relocation of factories, etc.) resulting in disadvantages for some workers, followed by widespread discontent among workers;
ᄋ In case the management position defamed the character of a subordinate and the surrounding employees protested
ᄋ High-handed management of Chinese employees of foreign residents, inappropriate remarks, insults, etc.

the legality of strike action
In Korea, the right to strike is recognized by the Constitution as one of the basic rights of labor. In China, however, there is much debate about workers' right to strike. In China, strike rights are not legal rights given to workers and the public, so strike action is not legally guaranteed (no civil, administrative or criminal immunity).
However, because it is not prohibited by law, a company cannot fire for just striking. Thus, the entity should provide grounds for the dismissal of the strikers by including the provisions of the disciplinary action of the company’s employment rules and the category "in the event of instigating a strike, strike or illegal suspension."
Meanwhile, in the case of relatively moderate collective action, such as suspension of operations, sabotage and strike, the labor bureau is in principle organized. However, in the event of violent acts such as destruction of corporate property, human rights, and street demonstrations, which develop into mass unrest, public security agencies intervene. Since the strike that began in May 2010 in Guangdong Province and swept the nation, authorities have tended to let or let go, viewing it as a "negotiation issue" between labor and management when striking over workers' wage welfare.

Strike and Legal Responsibility
In the case of general strikes, workers simply refuse to operate, destroy corporate machinery and other properties, and inflict personal injury on high-ranking managers.
However, if workers engage in violent collective action, criminal responsibility is severely questioned by the Criminal Law's "Crime of Property Damage" (Article 275), the crime of destroying production management (Article 276), the crime of looting crowd regulation (Article 268), and the crime of disorder of social order (Article 2990), and the case of a minor company's "Property Management Act" (Articleted Management Act, the Act, the Act on the Act on 23). For this reason, frequent labor strikes or strikes, such as denial of operation in China, do not escalate into violent strikes.


2. Precautions for Strike

There are more Korean companies that have problems understanding or communicating with local employees than Chinese
be exposed to strike risk Therefore, it is a sensitive issue that brings about changes in wages and welfare.
The introduction of the new system, the relocation of the company, the reorganization of the business, the restructuring and the reduction of the workforce should be carried out with sufficient consultation with experts in advance, the creation of scenarios for various situations, and the careful implementation of the process of exchanging opinions, including in-house briefings.

1 Avoid giving reasons for collective action
ᄋ In the event of a wage increase, such as a minimum wage hike, the wage is adjusted principally
ᄋ When wage welfare is cut due to difficulties in management, sufficient prior communication is required, such as providing alternatives
ᄋ Elimination of illegal elements such as overtime, social insurance, etc.
ᄋ Eliminate problems in advance by collecting complaints about work environment and treatment at all times
ᄋ Strengthening and complying with study of labor-related laws
2 Active use of public functions
ᄋ Utilize "pipe" roles with workers
ᄋ When establishing employment rules, laying off employees, and deciding important issues, use the public notice window
3 Securing routes for communication with employees
ᄋ Establish a dialogue table between executives and workers on a regular basis
ᄋ Establish an early detection system of workplace complaints by holding regular meetings by department
4 In the egalitarian wage system by rank, the establishment of the meritocratic personnel management system of the job pay system
ᄋ Korean-style seniority-based equal treatment system can promote a phenomenon in which employees unite together to achieve common interests
ᄋ Establish a wage system based on performance, and implement discriminatory treatment among employees
5 Strengthen information exchanges with industries, regions and neighboring companies
ᄋ Gathering and benchmarking information on the wage treatment of the dairy industry and nearby foreign-invested companies
ᄋ In the event of a minimum wage hike or a wage hike by a nearby company, the wage adjustment is implemented in a timely manner
6 Selection of Chinese officials to the management team
ᄋ Giving employees motivation and vision for long-term work
ᄋ Promotion of management officials acting as a bridge between labor and management
7 Gathering and sharing labor-related information with headquarters
ᄋ Gathering labor-related information and establishing a shared system with headquarters
ᄋ Preparing a contingency plan for the multiple launch of a dispute, including overtime expenses, social insurance, kitchen public funds, etc.
8 Sanctions for unauthorized strike shall be specified in the in-house regulations
ᄋ Statement of dismissal and compensation measures for strikers in labor contracts and employment rules
9 Preparing a Contingency Plan and establishing strong connections with local governments
ᄋ Prepare an action plan that specifies the role between the head office and the local management in case of an emergency
ᄋ Establishing measures for proper inventory, recruiting replacement workers, and protecting critical facilities against strikes
ᄋ Utilizing external advisers to retired local government employees
10 Position of Korean Managers
ᄋ Improving Chinese communication skills and strengthening touch and touch with Chinese employees
ᄋ Ban on disparaging remarks against Chinese or Chinese people
ᄋ Do not hurt the face or pride of an opponent in public

3. Countermeasures for Strike


1 Preparing for the usual strike and jointly responding with the head office
ᄋ To prevent delays in handling the situation during consultation with the head office, consult with the head office in advance and prepare a rapid response system by deciding on scenarios for emergency countermeasures
2 Common knowledge of the organization of the company's response team, their respective roles, and the basic principles of field response
ᄋ Requires professional personnel for on-site response to legal, public relations, IT, interpretation, etc.
ᄋ Appointment of Chinese lawyers familiar with labor laws and negotiation history as well as the Korean corporate climate
3 Strengthening the company's expenses and preserving evidence
ᄋ Restrict access to important offices and protect IT facilities and prevent loss of important data and property
ᄋ Preserve evidence of participants' misconduct and activities in preparation for post-strike lawsuits
4 Identifying strike participants
ᄋ Avoid expanding the situation by putting pressure on the main culprit
ᄋ Analyze strike participants, take our side or isolate them depending on the situation
5 Group action workers are isolated from the strike site and complaints are provided in other places.
ᄋ Stabilize workers through Chinese managers or public organizations and isolate them in a conference room, etc.
Listen with sincerity to demands and complaints and prevent further escalation of the situation
6 Company (proposal) decision based on fact finding and legal judgment
ᄋ Quickly decide on the company (proposal) in accordance with labor laws, labor contracts, employment rules, third-party cases, etc.
ᄋ Establish a plan after first deciding whether to return to work or prevent recurrence
ᄋ Check to see if the legal experts have reasonable labor demands or legal grounds
7 Explanation work to government-related agencies and local governments
ᄋ As soon as the company (proposal) is decided, it is necessary to give a prior explanation to the government-related agencies and the local general public and to seek their understanding

8 Negotiation at the Field
ᄋ Explanation of management's position on the demands and requirements for the selection of strike representatives and presentation of the company (proposal)
ᄋ Flexible responses to certain matters and other matters, such as the promise of renegotiation, induce return of operation
ᄋ In the event of prolonged negotiation and strike, send a message that the factory will be shut down as a last resort
ᄋ Do not take charge of the Korean negotiation, but entrust it to Chinese officials and Chinese lawyers
9 In-house response is difficult
ᄋ Request cooperation from the Development Zone Management Committee, the Labor Bureau or the Higher Council
ᄋ In the event of violence, contact the public security immediately
10 Countermeasures after handling strike
ᄋ After a certain period of time, strikers are strictly punished according to the company's employment rules

[Point of Negotiation]

(1) Promptly accept reasonable demands and attempt to implement the situation on the day of the strike;
After analyzing the cause of the incident, it is important that the company not drag its feet on the reasonable and acceptable demands of the workers, accept them immediately, and suggest solutions, but somehow manage to settle the situation without passing a day.
(2) Persuade unreasonable demands with sincerity.
There is no need to satisfy all the demands submitted by employees. As for unreasonable demands, difficult to accept, explain them to employees with sincerity, and suggest negotiating with them after returning to work.
(3) Negotiating with labor representatives
When negotiating with the staff, it is necessary to consider securing the physical safety of the Korean manager first.

(4) Opening a third party in a neutral position
In the negotiation table with the representative of staff, it is important for a third party in a neutral position to intervene. If a company has a public meeting, it must also be present to the director of the association. In the event that the staff does not trust the public, it is necessary to ask the superior public affairs officer and the labor bureau official to be present.