배움과 공유의 시간

(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.

 Economic Rewards



China’s economic compensation is quite different in its legal nature from Korea’s severance pay, which has the later nature of wages. In China, the management's obligation to pay the gold shall arise only if it conforms to the statutory reasons stipulated in the law. As the term "economic compensation" in China means, the reason for retirement is not on the part of the labor side, but on the part of the company (release the agreement, lay-off, etc.)
Or, if a worker is fired for reasons other than intentional negligence (disease, injury, incapacity for work, etc.) it has the nature of compensation to guarantee basic life during the months of unemployment until reemployment.

1. The nature and payment requirements of economic compensation

Fundamental principle of economic compensation payment
Whether China's economic compensation will be paid depends on whether the company is responsible or not.
If the cause of the labor side, i.e. notwithstanding the company's intention to continue employment, is submitted and quit due to its own reasons, or if the management refuses to offer continued employment at the time of the contract renewal, the management's obligation to pay economic compensation shall be waived.
Since the attempt to retire under the legal age of the workers themselves is considered to be the cause of the workers, there is no need to provide economic compensation unlike in Korea (retirement under the national law, which is subject to monthly pension coverage, exempts companies from economic compensation obligations).
Due to the complexity of China's economic compensation system, it is necessary to grasp the relevant laws accurately, as labor disputes are frequent at the time of retirement, and whether the reason for resignation is on which side or the payment is appropriate.

Economic compensation when the negotiation is cancelled
If a labor contract is terminated through consultation between the company and employees before the expiration of the labor contract period, the payment of the economic compensation money is determined by which party raised the settlement. If the entity proposes to terminate the contract and the worker agrees, the obligation to pay the compensation money arises.
On the other hand, if, for example, due to the conclusion of a mandatory service term agreement, the employee cannot retire at will without the consent of the company, and the company agrees to cancel the contract. In this case, when preparing a labor contract negotiation consultation agreement, the government must insert the words "released by the workers" or submit a letter of resignation to prevent a later case of economic compensation from being filed by the workers.

Economic compensation when resigning as a volunteer
There is no obligation to prevent economic compensation when resigning. However, in the event of a labor dispute, the management must prove that it is a "resource doctor," not a written resignation under a handwritten signature.
Faxes, cell phones, or punctuation employees should never be accepted, and in this case, a written resignation must be required to be submitted in this case.

Economic compensation for the termination of employment due to contract
When the contract expires, the contract is terminated naturally. At this time, if the company does not renew the contract,
Economic compensation shall be calculated and paid for the period of service after January 2008 (labor contract law).
Shin: However, despite the company's announcement of its intention to renew, the workers refused to renewals.
When a labor relationship is terminated, the entity has no obligation to pay economic compensation. However, in this case, later
To avoid conflict, evidence of workers' refusal to renew must be secured.
In a commonly used way, the company pays the current salary about a month before the contract expires.
They send a letter of intent to renew the labor contract on a lower condition and demand a written reply to the consent within the specified period. If an employee replies by expressing his intention to renew his or her intention, the employee may use it as evidence of unpaid economic compensation.
Meanwhile, in the case of sensitive business management positions, such as accounting and personnel, which were in charge of the company's important activities,
He will not be able to renew himself.In order to end a smooth employment relationship, it is desirable to pay economic compensation.

Discipline, financial compensation not paid.
If the entity is to file a disciplinary action on the basis of Article 39 of the Labor Contract Act, it is not necessary to pay economic compensation. However, there are also frequent cases of dismissal without sufficient evidence or job rules for disciplinary action. In this case, if a labor action is filed and ruled as illegal, the entity shall pay the employee an economic compensation amount equal to twice that of the economic compensation, not an economic compensation amount, (the payment of the economic compensation is not required).

Economic compensation for the dismissal of workers without negligence
In the event of dismissal due to a serious change in the conditions of disease, job defect and objectivity, not to the negligence of the workers, the company may cancel the contract by giving economic compensation plus one month. However, since fruitless layoffs require N+1 compensation and require the implementation of long-term, difficult legal procedures, in most cases, the company persuades staff with relevant evidence and sends them out in a "negotiation-free" manner. At this time, N+1 compensation is basically necessary, and there are cases where a small amount of compensation is added to facilitate negotiations.

Economic compensation on the resignation of labor's reasons for misconduct
In the event that a worker submits his or her resignation unilaterally, lifts the contract, and raises labor claims, the company shall pay economic compensation, citing misconduct by management, such as unpaid social insurance, delayed wages, unpaid overtime expenses, etc. However, since this clause is a new law under the Labor Contract Act, only the number of years of service since January 2008 will be subject to the calculation of economic compensation.
compensation money



China’s economic compensation is quite different in its legal nature from Korea’s severance pay, which has the later nature of wages. In China, the management's obligation to pay the gold shall arise only if it conforms to the statutory reasons stipulated in the law. As the term "economic compensation" in China means, the reason for retirement is not on the part of the labor side, but on the part of the company (release the agreement, lay-off, etc.)

3. Terminate medical device terminators

If a worker suffers from an illness or is injured in non-work, fails to report to work normally after the expiration of a legally defined medical device, or is unable to engage in the original work, or is also unable to engage in other work arranged by the company, the company may pay economic compensation plus one month’s severance notice allowance ("N+1") and terminate the labour contract.

Standards for the determination of incapacity of work
In the event of a situation in which an employee is unable to enter the office but is unable to engage in the work, the entity may consider whether to terminate the contract. In this case, the entity cannot determine whether the employee is able to engage in the work, and must be assessed by the Labor Competency Assessment Committee (article 35 on the slight issue of the thorough implementation of the Labor Law). There is a risk that a company considers it impossible for an employee to do his or her job only through appearances without being appraised by the Commission on Labor Ability Test, and that it is considered illegal to terminate a labor contract. In practice, cases that are even audited by the Labor Competency Assessment Committee are very rare, and most are conducted by giving and lifting economic compensation, depending on the inability to report to work after the medical plane is over.

4. Terminating contracts of persons who are not qualified for the job

If a worker is unable to perform his or her duties and is still judged unfit for the job after training or job adjustment, the company may pay economic compensation plus one month’s notice of dismissal ("N+1") and terminate the labor contract.

[Case] Lose due to default of court procedure
J is a technical company, A/S, and due to its negligence in A/S, the amount of returns and customer complaints have been continuously reported. Two months later, the company notified J of the cancellation of the labor contract for the reason of non-compliance. J has thus filed for arbitration, and the company has lost.
(Explain)
The company lost the case because it could not provide evidence that it had gone through such legal procedures, although dismissal was possible only after education or job adjustment, and the decision to fail the job was made again.

Criteria for judging job defects
The criteria for non-compliance of duties stipulate that" the duties agreed upon in the labor contract or the workload of the same job or of the same person cannot be achieved" (Article 26 of the Explanation of the Labor Law). However, the final judgment is delegated to the entity, which requires a fair and objective high performance system. In addition, labor contracts or employment rules should define the criteria for job deficiencies, such as two consecutive high scores of less than 60 points (100 points), etc.

Provide a second chance in either training or job coordination
In the event of dismissal, training or job adjustment must be carried out. Whether an entity conducts education or adjusts its duties, the entity can choose on its own. When selecting an education, it is common to take a few hours or so to satisfy the formal requirements and to get a confirmation of the training.
Since the selection of job adjustments is due to lack of job responsibilities, there is no need to obtain consent from employees, there is no need to change labor contracts, and the company can unilaterally adjust its duties (Article 1 of the Ministry of Labor’s Public Affairs’ Reply to the question of the occurrence of labor disputes between employees and businesses due to the change of position). If the assessment of non-compliance is still made after education or job adjustment, the entity may fire the employees.

30 days' notice or one month's wage payment
Since workers are free from negligence, they are required to pay 30 days' notice of dismissal, or an additional one-month wage. Almost all companies pay one-month wages and immediately lift labor contracts. Because if you enter a medical plane or get pregnant with a disease in that month, you will not be able to fire until the special situation

Procedure for dismissal of the reason for non-commissioned job
In the event of a labor dispute, users are liable to prove the legality of their dismissal, and it is very rare in practice for them to actually take such procedures and fire, except for those with clear sales positions, because there is a high possibility of losing if there is a clear set of assessment criteria, evidence of job defect and any defect in the implementation of the court procedure (usually in the form of a negotiation).
1 Unsustainable situation of the current task
Evidence is needed that the work agreed to in the labour contract has not been completed or that the work force of the same task has been significantly underperformed. This requires the completion of explicit and objective standards of high performance in labor contracts or employment rules.
(e.g. in case of a sales position, the sales amount of 100,000元 per month is not met, considered unfit for duty.
It is necessary to preserve evidence related to performance outcome, or job defect, such as work duties determined by the company or data related to the incomplete workload (employee verification required)
2 Progress in education or job adjustment for workers
Job deficiencies can be caused by problems in the work environment rather than by one's own ability.
The law stipulates that one more opportunity is given through education or job adjustments. Education
Education records, employee education registration tables, education reports, or post-education examination papers,
It is necessary to preserve evidence such as education's contents.
3 Judging that he is still unfit for the job after training or job adjustment
Demonstrate that they still fail to complete their duties or workload even after training or job adjustment.
relevant evidence is needed to do Usually, the outcome is proof.
4 Completion of labor contract cancellation notice and preservation of evidence to the person

Practical measures to dismiss employees who are not qualified for the job

[Question] Method of firing a person who is not in the position
One of the employees is not capable of doing his job, so we are going to give him/her economic compensation this time (no negligence by the person to be dismissed). What would be the problem if such incompetent staff were to be organized, the economic compensation plus one month’s worth of layoffs?

There is a clause in the Labor Contract Act that allows for the temporary dismissal of a worker without a job, but in reality, using this provision to fire him requires a very complicated process over a long period of time, as described above. In reality, it is difficult for small and medium-sized companies to take the procedures prescribed by the law, either on time or on evidence. Therefore, in this case, it is realistic to use the company as a bargaining chip with objective data related to poor performance and to take a "negotiate-off" approach under the N+1 condition, putting pressure on the company to exercise its job-coordinating card in the event of non-compliance.

5. Contract cancellation based on the reason for the significant change in objective circumstances


In the event that a significant change occurs in the objective circumstances that were based on the signing of the labor contract, the user may cancel the labor contract under the terms of N+1, and negotiations on the change of the labor contract cannot be made even though the labor-management agreement has been reached.

an interpretation of a significant change in the objective situation
Companies should secure evidence of changes in objective circumstances that would no longer be able to implement labor contracts such as corporate transfers, closures of stores and M&As. While there is nothing wrong with external objective factors, it is debatable whether they belong to a significant change in the objective situation when job cuts are needed in accordance with the closure of certain departments within the company, or reorganization of the company’s.
Legally and strictly, this can be seen as a subjective judgment of the company’s management class rather than a change in objective circumstances. However, in a situation where the business environment is radically changing, it cannot be tied to the legal profession alone. For example, because the cancellation of a business item may be recognized at the discretion of the judge if there is a reasonable and sufficient reason for the department to be shut down altogether, the company needs to try to adjust its duties and negotiate on the basis of Article 40(3) of the Labor Contract Act, and take action to terminate the contract if it fails to reach a settlement.

[The Labor Ministry's explanation of the "labor law"] ( 해석1994 [No. 289)]]
Article26 The "observation situation" of this clause shall be such that it is impossible to enforce the terms of all or part of a labor contract.
This refers to, for example, other circumstances that make it impossible, such as the transfer of an entity, the consolidation of an entity’s absorption, or the transfer of an entity’s assets.

[working-level measures]

1 Collection and presentation of data demonstrating significant changes in objective situations
As to what is a "significant change in the objective situation" that would make it impossible to implement labor contracts, labor laws do not have a clear interpretation. In the event of a labor action, the enterprise shall be liable for proof of "significant changes in the objective situation" and it is difficult to obtain the support of the judge for reasons that go beyond rationality or that are sub-approval.
2 Conduct negotiations with workers on the change of labor contract
The company needs a consultation process regarding the change of labor contracts with workers. The labor contract’s negotiation change notice [Sample10-12], which takes into account objective changes in the situation, is sent to the workers, and the workers are required to respond within a certain time frame, leaving evidence that the consultation was carried out. If such a court procedure is not followed properly and the contract is unilaterally terminated, it is considered an illegal dismissal and a double-time economic compensation payment risk occurs.

[Labor Contracts Act]
Article40 In the case below, the contract may be terminated after written notice 30 days in advance, or after payment of one month's wages.
(3) In case a significant change in the objective situation that was based on the signing of a labor contract prevents the user from fulfilling the original labor contract, it is not possible to reach an agreement on the change in the contents of the labor contract even though the employee has consulted;

A change in the organizational structure of the company is not recognized as a significant change in the objective situation
L joined a foreign-invested company and successfully served as the sales manager, but the deteriorating market conditions forced the company to restructure its operations, and the senior L was relieved of its labor contract in the process, citing "significant changes in the objective situation." L filed for labor arbitration, and the company lost.
(Explain)
Significant changes in objective circumstances generally refer to situations in which a company cannot continue to fulfil labor contracts, such as production conversion, distance transfer, technology modification, mergers, and spin-offs, and, in the case of changes in management strategy, is not part of this category because it is adjustable to other departments.

[Case of victory]
The relocation of the factory is recognized as a major change.
L is a front-line official in the factory production department and has signed a five-year labor contract. However, under the local government's natural heritage protection policy, the factory was forced to relocate from A to B, and only the sales department remained at A. The company had hoped to go to the city of B and continue its original work, but the two sides failed to reach an agreement even though negotiations were underway, as L did not back down from its position of staying at A. The entity decided to terminate the labor contract on one-sided basis, and L rejected it and applied for labor, but the company won the case.
(Explain)
The objective situation that was based on the conclusion of the labor contract, as it was inevitable to relocate according to the government's policy.
A major change in can be seen as a typical example of a failure to continue to fulfil a labor contract.
In addition, the company negotiated with Hong Gil-dong on the change of labor contract, but they agreed.
Because it could not be, it can be seen that the lifting of a company's labor contract is in accordance with the law.

 Immediate release (execution from disciplinary action)

(1) Overview of disciplinary dismissal

a question of the efficacy of the employment rules
In the event of a problem with the validity of the company's employment rules, the cancellation of contracts made on the basis is likely to be recognized as illegal, no matter how legitimate reasons for dismissal exist. Therefore, the existence of legal and valid employment rules is a basic precondition for the exercise of disciplinary dismissal.

Design of Discipline Penalty Clause in Employment Rules
The Regulations for Punishment of Violation of Discipline consists of four parts: the Regulations for the Management of Discipline, the Acts of Discipline, the Disposal of Discipline and the Disposal Procedure. Among these, "violation of discipline" is a key part of the penalty regulation, which the company classifies and lists according to the significant degree of violation of discipline. The punishment methods of violating discipline vary from company to company depending on industry or characteristics, but the methods that are generally employed are as follows:
1 According to the severity of violation of discipline, it is classified into three categories, and the corresponding punishment of the three-story difference is specified.
(a) Violation of the light American flag à Verbal warning sign
(b) Violation of general discipline à Written warning card
(c) Violation of severe discipline à Release of labor contract

2 The concept of cumulative promotion is set between the punishments of the third floor so that if the punishment of the lower level is repeated, the punishment of the next level is promoted and executed.
(a) a cumulative two-time verbal warning à a written warning;
(b) Twice a written warning, à Release of labor contract

the punishment of habitual misdemeanors
Attention should be paid to issuing warnings to employees for violations of discipline " 규, 不 ((, 不, 不) ( 작은, 반복, 반복 斷 斷 반복 반복 반복 반복 반복 반복 반복 반복 반복 반복 반복 반복 반복 반복 반복 반복 반복 반복." In case of violation of each discipline, the entity shall issue a written penalty sheet in the corresponding form to require the employee to sign it and readjust the discipline violation management system so that a higher number of disciplinary actions can be executed if the number of accumulated schedules is reached within a certain period of time.

[Excuse] the dismissal of a habitual minor offender
The parent company is not allowed to play computer games while on duty, and the first discovery is considered to be part of a written warning, the second strict written warning, and the third discovery to be a serious violation of the rule system, and the labor contract is lifted. S, a computer game buff, was caught three consecutive times while playing computer games, and was eventually fired. S filed for labor arbitration, claiming that playing computer games was not an act of right, but not enough to terminate a labor contract.
(labor arbitration)
It was very clear in the company's rule-making system and judged that there was nothing unreasonable, so it rejected S's.

(2) Types of disciplinary dismissal

1 Strict violation of company employment rules

Workers may be fired only if they "seriously" violate employment rules. Therefore, considering its industry and characteristics, the company should specifically list what constitutes a "grave violation" in its employment rules.
A typical workplace, for example, is where you set smoking on duty as a serious violation of discipline.
It's too much, but it can be stated that a chemical plant or gas station can be fired at any time. In addition, for a position as a pilot or bus driver of an airline, anyone would be able to accept the offer even if the employment rules specify the reason for dismissal more than three times a month.
China's labor law stipulates that labor contracts can be lifted without the payment of economic compensation if a worker commits "a severe violation of labor discipline" or "a severe violation of employment rules." However, in the event of termination of the contract, if there is a legal "do-it-yourself" exists, the act of the company's lifting of the labor contract may be recognized by the law enforcement agency as "disabling the law."
In the event of a breach of duty, the employee may demand to the entity either continuing to carry out the contract (return) or 2 any payment of economic compensation equal to twice the economic compensation (Article 48 of the Labor Contract Act).

[Definition of severity violation]
Violation of severe discipline means that workers' violations of discipline exceed the "general" level, reaching the "grave" level. In this case, the company does not have to immediately terminate the contract and pay economic compensation. The most severe punishment for workers who violate discipline is disciplinary action, and in this case it is highly likely to be directly linked to a labor lawsuit.

[Specification of employment rules for violation of the strict discipline]
Since the company manages its daily management on the basis of the rule system (employment rules), the employment rules are no different from in-house laws, and the importance of them need not be mentioned. If the company terminates the contract on the grounds of "grave breach of discipline", it shall, in the "employment rules," find the reasons for the corresponding termination of the contract. . It is necessary for the company to list as specifically as possible violations of the severe discipline in consideration of the type of business or

[Case] If the employment rules are not prescribed for disciplinary action, risk of illegal dismissal
A physical clash also took place after an employee argued with a customer at a department store. The employee was fired for causing serious damage to corporate profits, which was followed by a request for labor arbitration. The employee claimed that the act was not clearly defined as a serious breach of discipline in the company's rule system, and the company could not submit evidence to refute it, which eventually resulted in a substantial amount of compensation.
(Explain)
For vendors, the rule system must specify "severe arguments with customers and physical collisions" as a serious breach of discipline that can be broken off.

2 In the event of a serious damage to the company due to negligence or misconduct,

It refers to workers committing severe malpractice by failing to perform their duties properly, or using their duties to seek dishonest gains, causing serious damages to the company. For this to happen, the criteria must be specified, first of all, as to what extent it must be recognized as a "significant loss."
In order to achieve this type of contract termination, a combination of the following two factors is required, and causality is required between the two:
(a) the occurrence of severe negligence or misconduct;
For example, in the event of a job failure that results in significant property damage to the company, careless work may include large quantities of defective goods, damage to tool facilities, rebate behavior, and leakage of commercial secrets.
(b) objective data on significant losses (amounts);
The company needs proof of the economic loss caused by the company, and the employment rules also provide evidence.
Specifications are required for the basis of significant losses.

[Set the Criteria for Major Damage]
China's labor laws allow "significant damage" to be defined as an internal rule system according to the circumstances of each company. The company may stipulate in the employment rules the standard of "significant harm," but it must be within a fair and reasonable range, and in the event of a labor dispute, it will be assessed again by the Labor Arbitration Commission or the court. If the "significant impairment" criterion defined by the entity is absurd and unreasonable in terms of social common sense, there is an unrecognized risk.

[Slight condolence on labor law]
Article 25: The "serious damage" of this condolence shall be defined by the internal rules of the enterprise. Because of the different types of entities, the definition of severe impairment varies widely, making it difficult to give a unified interpretation of severe impairment. In the event of a labor dispute, the Commission for Arbitration of Labor Disputes shall conduct an assessment of the significant damages stipulated in the Regulation.

[Company defeat] Major damages due to negligence - absence of a standard for loss amount
K is a welder of a machine company, one day he committed a mistake during the welding process, which led to the scrapping of a steel pipe in production, resulting in a loss of 6,000 pounds. The company lifted the labor contract on the grounds that K strictly violated the company's operating regulations, resulting in severe losses to the company. K filed the suit in protest, and the court ruled that the company's lifting of labor contracts did not conform to the legal regulations, judging that the losses in question did not fall under severe damages.
(Explain)
It is clear that K has violated the company's operating regulations, resulting in a loss of 6,000 pounds. However, the company's rule system did not specify the standard amount of severe losses. During the course of the lawsuit, K was able to gain the court's support by claiming that the loss of 6,000 pounds in a large company was not a severe loss.
…………………………………………………………………………………………………………
[Company Winning Case] Major damages due to manipulation - setting the standard for losses in employment rules
J is in charge of the operations of the factory as the head of the factory. The company's rule system stipulates that if an individual's work error causes a loss of more than 50,000 pounds to the company, the company shall be subject to a severe loss and shall have the right to terminate the labor contract. One day in February 2008, J stopped production lines when he went to work after drinking alcohol, resulting in a loss. The company terminated the contract, and J applied for labor arbitration but was rejected.
(Explain)
In this case, the company was able to win the support of the Labor Arbitration Commission because it had previously fixed the category for severe losses in the rule system (over 50,000 units).

a double-time job

China's labor laws have no ban on "commitment." The fact that he did double duty unconditionally cannot be reprimanded, but only if there is objective evidence that the job had a significant impact on the completion of his duty, or if he has been found to have continued to do so in defiance of the order, despite banning him from doing so.
In the case of paragraph 1 above, it is difficult for the company to secure evidence that it was also a double job because it was usually done in secret, and it is not easy to prove it objectively either that the job had a significant impact on the completion of the job.
In contrast, in the case of paragraph 2, once the correction notice is given and rejected, the employee can be fired.
Therefore, it is necessary to secure relevant evidence such as the delivery and rejection of the correction notice, and to present only the evidence that the company has labor relations with other companies. The problem, however, is that it is very difficult to secure the evidence since concurrent activities are conducted in secret. Therefore, it is important to recognize that layoffs due to double reasons are likely to be easy on the surface, but in practice, it is very difficult to meet legal requirements.

 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.

(2) Flow of transfer procedure

1 Transfer application
Legally, a full-time employee must apply for a transfer by 30 days' time. If an employee expresses his intention to leave the company, he/she shall apply for his/her resignation through the head of the litigation department. Never accept a transfer application in the form of a verbal, fax, e-mail, or Weissin. This is because a labor lawsuit could be filed later in the day to deny the resignation itself and demand economic compensation.

2 Transfer interview
It is generally conducted by the Personnel Department to identify the employee's true intention to leave the company, and in the event of a cumulative complaint, to prevent violent behavior from occurring. In addition, in the case of superior employees, they listen to the terms of the treatment they want and dissuade them from leaving the company, while collecting candid suggestions about the company’s working environment. After the interview, prepare the Transfer Statement [Sample10-2] so that similar turnover issues are not duplicated in the future after reporting.
After the completion of the transfer interview, the personnel department starts the transfer procedure if the employee has confirmed his or her intention to move. Personnel departments notify the concerned departments of the start of the employee turnover process through e-mail.

3 Transferred handover stage
After the employee turnover is approved, the department manager designates an intra-departmental task factor to proceed with the transfer of the staff and the transfer of the work. The staff receives the Transfer Statement [Sample10-3] from the Personnel Department and carries out the handover work around the concerned departments according to the flow of the form and receives a confirmation signature. There are frequent situations in which employees transfer from the company without having to return company property such as laptops and cell phones that they received from the company when they entered the company. The general affairs department was created by an employee at the time of employment.
Based on the Receiving Table of Goods [Sample2-13], the office supplies shall be checked for return, and the corresponding amount shall be deducted from the wage settlement for non-refundable goods.
In addition, he/she shall hand over to his/her own personnel in the department about matters related to his/her duties, such as documents, files and customer lists, in accordance with [Sample10-4].

4 Wage Settlement Phase
After completing all the transfer factors, the personnel department shall proceed with the payment settlement process with the transfer employees. The settlement of the amount of wages, advance payments, and penalty (such as remaining for the period of mandatory service) of the transfer employees shall be jointly conducted by the Personnel Department and the Treasury Department, and the Employee Wage Settlement Table [Sample 10-5] shall be reported to the general account for approval, and the remaining wages and economic compensation shall be transferred to the employee’s wage bank card.

5 Final phase of turnover
Upon completion of the wage settlement, the Personnel Department issues a transfer certificate to the employees and notifies the concerned departments of the completion of the transfer procedure.

3. Precautions of the turnover phase

Legal risks vary depending on the type of turnover and the situation, and different turnover procedures and legal documents are needed. Whether it is a worker's resource transfer or a company's resignation, it is necessary to grasp the legal relationship and proceed with caution to prevent legal leases from occurring.

(1) Unauthorized transfer (self-employed)

Usually, it occurs frequently after holidays such as Spring Festival, when it is relocated to another place. When turnover is not high due to a short service life, it is often absent-minded. If an employee is absent without leave for a long time and cannot be contacted, if the company treats him as a "merciless" and leaves him without taking any legal action, the employee will later file a labor lawsuit against the company.
The cases raised cannot be ruled out. Therefore, in the event of such a situation, it is necessary for the entity to take the following steps to legally terminate the labor relationship.

[working-level measures]

1 Identifying the actual conditions of unauthorized absence of employees without leave
In the event of an unauthorized employee absenteeism, the company is required to report to the office by a certain deadline for explanation.
Send the warning letter [Sample10-6] to the employee’s address via EMS.
2 If you continue your absence without leave, the labor contract is canceled due to violation of the employment rules.
If the company fails to leave work by the time limit, it will again.
send somebody notice of dismissal

(2) Recommended resignation - Dismissing negotiations

The equivalent of Korea’s recommended post is "execution," and in legal terms "de-negotiation." It is a way to save face for employees and minimize legal risks while transferring employees, and lifting negotiations can be applied under any circumstances. Even if the labor law prohibits dismissal, such as during the third term of a woman's pregnancy and breastfeeding period, the two sides can negotiate and cancel labor contracts as much as much as possible.
In general, the negotiation cancellation method is used when there is a need to release the contract before the expiration of the contract due to lack of employee ability or lack of cooperation with other employees, deterioration of the company's management situation, or consolidation of duties. In particular, it is not easy without an internal legal expert to meet the complicated and difficult legal layoff requirements, as the current division is equivalent to the lifting of workers' negligence. In this case, sufficient data (such as results) to support the incompetence of the employee are prepared and provided on the basis of this, leading to the resignation of the recommendation.
If the company offers to resign, strong resistance from the employee is likely to follow, and from the employee's perspective, it is often pushed to "dismiss the law" in order to maximize his or her profits, making demands for economic compensation (two times the economic compensation). In this case, when the company submits its recommended resignation, it is only a "proposal for a negotiated resolution" so that the employee can double the economic compensation.

It should be emphasized that what is called for is not legally based. If an employee refuses to comply with the negotiation cancellation request for unreasonable compensation, the pressure level is gradually increased to comply with the company's offer to release negotiations by taking measures such as job adjustment, freeze wages and promotions, and, in the worst case, issue of standby.

In recent years, some Korean factories have been rushing to cut staff, but they have paid twice as much compensation as their employees demanded, making it a practice to get twice as much economic compensation if sent out under company circumstances. This will have a negative impact on labor management in the long run. It is necessary for the company to proceed by negotiating with any extent, but to add about one or two months of compensation from normal economic compensation as an incentive.
On the other hand, if the opponent is a group, once the terms of the negotiation are reversed, there will be more side effects.
As such, employees who accept the terms of the negotiation shall be executed and those who refuse to accept the terms of the negotiation shall be executed in a separate manner (atmospheric issuance, even forced dismissal, etc.) after the issue is terminated.

[working-level measures]

The recommended resignation shall be carried out in accordance with the following flow.

1 Preparedness Work
ᄋ Identifying the employee's employment time, years of service, number of contracts for labor, wage level, work performance, and home situation in advance
ᄋ Prior inspection of legal laws, retirement hours, upper limits on compensation payments, and problems that employees may face during interviews
ᄋ Preparing additional wage compensation measures (one month or more) that are provided as a condition of consent and amount of economic compensation. Adjust the compensation level's pitch according to the length of the service life.

2 Conducting an interview
ᄋ Explanation of unavoidable reasons such as the company's strategic adjustment, personnel adjustment, poor management performance, and pressure on the coast is sought for employee understanding. In this situation, the employee is no longer able to retain his position, so he asks the employee to agree to the termination of negotiations on the labor contract. If an employee agrees to sign a negotiation release agreement, the employee proposes to provide one month's compensation in addition to economic compensation commensurate with his or her years of service.
ᄋ Avoid interrupting an interview with a pre-pre-pre-pre-presenting hole. This is because the opponent next time has the potential to come up with yet another tricky requirement, with advice from an outside lawyer or colleague.
ᄋ Since the opponent is likely to become emotionally enraged, he should listen to any opinion and avoid prematurely contradicting it or arguing.
ᄋ If an employee continues to disagree, he/she shall end the interview by suggesting that development within the company will be difficult.

3 Signing written documents
Prepare documents such as Confirmation [Sample10-9] or Transfer Protocol [Sample10-8] in advance and sign them as soon as possible when agreed, so that they can change their minds and avoid other sounds.

(3) Disciplinary dismissal

It means unilaterally lifting labor contracts with workers who committed severe violations of company employment rules. There is no clear evidence of severe violations by employees, and the legal risk of dismissal is very high when the actions do not conform well to the company’s prestigious rules of employment. Therefore, for reasons of non-critical disciplinary action, the interview process often causes employees to submit their resignations without any aftereffects.
However, in the event of serious disciplinary reasons such as beating, embezzlement of public funds, and theft among employees in-house, it is necessary to take drastic disciplinary action to establish a work order, take measures to settle the case in a proper way, even if the chances of winning are low due to lack of evidence of diarrhea, and conduct a long-term legal battle in the court.

[working-level measures]

1 Collect evidence of employee negligence and check the rules of evidence in employment. There's plenty of evidence.
It should be clear, and most likely, it is a document signed by an employee.
2 Forms a disciplinary committee. The committee consists of 5-6 members, including general accounting, personnel manager, department head, direct supervisor, and representatives of employees (public shareholders), and gives employees an opportunity to explain if necessary. The committee decides whether to terminate the labor contract based on the results of the meeting. If necessary, record and record during the disciplinary committee meeting.
3 Personnel Department shall prepare a notice for cancellation of labor contract and send it to the public to receive a signature.
4 Personnel department issues a notice to employees and requires the signature of the employee. If you refuse, you'll be notified to your home.
EMS is sent and the transmission evidence is kept.

Core of the Labor Contract Law - Reparations to the Workers in the Case of management misconduct

To enhance the effectiveness of law enforcement, the Labor Contracts Act simply and clearly stipulated the losses (punishment) that a company would incur in the event of an offence and the benefits (reward) that a worker would gain from it.
It is designed to pay compensation directly to workers if they commit illegal labor activities. This gave workers the opportunity to take "unpaid income" in addition to their wages.
Indeed, since the enforcement of the Labor Contract Act, there have been a number of malicious cases in which workers who have been bitten by some collectivism have been unaware of corporate misconduct in the pursuit of punitive compensation, or have provoked management to file for dismissal.

[The Effects of the Labor Contract Act on Corporate Labor Management]
o Restrictions on the elasticity of employment
- It is difficult to adjust work/wage by obligating labor contract items (work, wages, work place)
- Elastic workforce adjustment due to changes in market and business conditions at any time
o the difficulty of laying off workers
- Difficulty in dismissal if legal cause/evidence/procedure of court proceedings, and burden of double compensation for illegal dismissal
- Increase in staff and costs as evidence is secured and legal procedures are implemented.
o prolonged and rigidity in labor relations;
- the increase in lifetime employment due to prolonged labor contracts and time lapse.
- Difficulty in selection and personnel metabolism of low performers
o Flooding of labour litigation
- Increased malicious lawsuits targeting poor corporate management and loopholes
- Retroactive claims against past unfair treatment are filed at the time of retirement.

the rise of workers' rights

The sense of workers' rights in the labor market was greatly enhanced in 2008 due to the effectuation of the Labor Contract Law, the advancement of higher education, and the rapid improvement of economic standards. Companies are having a hard time managing their labor because workers are quick to grasp labor laws and insist on even the smallest details.
Collective labor disputes such as strikes and sabotage are also taking place in a routine manner, and unless workers flock to the streets and destroy facilities, the Bureau of Labor and Public Security are also avoiding active intervention against the backdrop of the government's policy to protect workers.

[Man]

o Frequent individual and group disputes due to increased awareness of rights
the frequency of labor lawsuits based on labor laws.
Difficulty in flexibly adjusting personnel according to changes in management and market conditions
o 80 and 90後 Decrease in the working spirit of new generation employees
Rising expectations such as working environment, training, and power generation space
Avoid simple work, short-term employment and career advancement
o Changing generations of farmers' workers
Unlike first-generation farmers, we expect the city to be settled (lack of the foundation of life in farming villages).
High education and high level of consumption, sensitive to wage treatment, and equipped with a high sense of rights

3. Current Status and Challenges of Human Resources Management in Korea

Korean companies in China are now facing an uneasy reality. Not only are employees clearly aware of their rights, but they are increasingly weighing and holding on to their rights and rights protection issues, and their needs exceed those of the lowest levels stipulated by the law.
In addition, unlike Koreans, who have low workforce liquidity, narrow job spans and lifetime job expectations, the Chinese value the development of self-carrier over short-term compensation and position at work, and a strong sense of individualism and rights protection, so lax labor management and seniority pay systems like Korea are bound to face major challenges after a few years of initial start-ups.

the limitations of intetation
Even if a loose Korean-style personnel management system is applied in the early days of the start-up of the Chinese corporation, it does not have any major problems. However, when the number of workers increases and the organization grows, Korean-style in-vitro management faces limitations, the phenomenon of over-staffing and post-inflation occurs, and the aging of the organization (aging, real complacency, metabolic congestion, etc.) is likely to occur after more than 10 years of entry. In accordance with the development of the Chinese corporation, if the personnel system is not localized and organized, we have no choice but to encounter a phenomenon where the control of manpower becomes difficult and the administrative efficiency is reduced by the day.