Article ‘Unfair dismissal’ for Cuckoo’s refusal to ‘wait for waiver of severance pay lawsuit’

▲ Cuckoo Homesys YouTube promotional video capture

It has been confirmed that the regional center, which was entrusted with the operation of the home appliance rental company ‘Cuckoo Homesys’ in the form of a sole proprietorship, fired its installers and repair technicians preparing a severance payment lawsuit against the original office, but was recently judged unfairly by the local Labor Relations Commission. . Cuckoo converted the ‘branch’ operated by the head office into a ‘center’ when retired drivers filed a severance pay lawsuit and entrusted the operation to a private business. The knights who changed their affiliation to the Cuckoo Center filed a lawsuit against the original agency asking for severance pay because their working relationship with Cuckoo had ended.

Entrusted branch with severance pay lawsuit
Center-affiliated technicians perform the same tasks as branches

As a result of the coverage of on the 22nd, the Gyeonggi Provincial Labor Commission recently cited the claims of the workers in the claim for unfair dismissal relief filed by four people, including Mr. Person A belongs to the Namyangju Center and Mr. B belongs to the Uijeongbu Center, and the unfair dismissal was made on August 3 and last month, respectively. The claim of unfair dismissal of Mr. C D from the Uiwang Center was cited at the Gyeonggi Gino Committee on the 16th.

The case began around February of last year when Cuckoo Homesys signed a consignment contract with the Center for the installation and repair of products sold. The contract period was one year.

In the past, Cuckoo has operated a branch consisting of a branch manager, two or three full-time master doctors, a commissioned contract manager, a natural doctor, and a general natural doctor (repair technician). The branch manager received a report from the master doctor and managed the repair technicians at each branch. However, when the regional branch was converted into a regional center, the labor contract with the branch manager or master doctor was terminated, and one of them was appointed as the head of each center to operate the center.

When problems such as severance pay lawsuits were filed by engineers who had worked under a direct consignment contract with the head office, the branch was converted into a center and the work was entrusted to the head of the center, a sole proprietor. Retired drivers who worked at the headquarters won the severance pay lawsuit appeal on the 22nd of last month.

When the branch was converted into a center, Cuckoo engineers signed a contract with the center in February of last year and took charge of installation and repair of products. The affiliation has changed, but the existing work method has not changed. Actual drivers worked in the same way as Cuckoo, with tasks assigned to mobile devices in Cuckoo. When a customer visits, they say “I came from Cuckoo” and a payment receipt was issued in Cuckoo’s name.

Kuku instructed to “exclude work if not giving up the lawsuit”
Unfair dismissal of “workers under the Labor and Employment Act, directing and supervising the center”

Then, in March of the same year, driver A said at the center in March of the same year, “I know that he signed a contract with a law firm to file a severance pay lawsuit against Cuckoo. If you do not promise to give up the lawsuit, you will be excluded from work from the next day, so do not go to work.” In particular, the center emphasized that it was “according to the instructions of the Cuckoo headquarters.” It was a verbal dismissal notice. B, C, and D received the same notice at the same time.

The center excluded the articles from work when they objected that they were unfair. In the end, Mr. A and Mr. B were fired on March 9 of this year, about a year after joining the center. They applied for relief to the Gyeonggi Gino Committee in June.

The center countered that “the change from branch to center did not cause any of the existing drivers to quit.” In particular, the center only acts as an intermediary, and since it is in the early stages of commissioning the center as a sole proprietor, I did not want to cause a problem of filing a severance pay lawsuit against the head office, Cuckoo.”

Ginowi said that the articles were ‘workers under the Labor Standards Act’ and that termination of the labor contract with the center constituted unfair dismissal. Even after the knights’ affiliations were changed, the fact that they were commanded and supervised by the center in the same way as when they worked at Cuckoo influenced the judgment. The fact that retired drivers were recognized as workers by the court also strengthened the judgment. He also emphasized, “The fact that the drivers only performed Cuckoo’s work and were provided with products necessary for their work, they are considered workers under the Labor and Employment Act.”

At the same time, it was clarified that the dismissal of the drivers was ‘unfair dismissal’. In the transcript after the dismissal, it was recorded that the knights expressed their dissatisfaction several times with the Cuckoo headquarters’ order to fire the knights on the grounds of a severance pay lawsuit. Jinowi ruled that the dismissal was unfair, saying, “We did not notify in writing the reason and time for the dismissal.”

The repairman’s side “Kuku tried to avoid self-righteousness”
… Neutralized by Ginowi decision”

With this Ginowi decision, it was confirmed that the center decided to pay severance pay to A and B without applying for a retrial to the Central Labor Relations Commission. However, the ’embers’ between the head office and the driver, such as the dismissal order from the Cuckoo headquarters, is still alive. The article criticized that the headquarters was trying to avoid the employer’s responsibility under the Labor Standards Act by converting it to a center.

Attorney Lee Hyeong-jo (law firm Maheon), who represented the drivers, said, “Ginowe confirmed that there was no change in the employee’s character in that the drivers performed the tasks instructed by the head office of Cuckoo, and the Woncheong ordered the unfair dismissal of the drivers belonging to the center. “It is acknowledged that Cuckoo’s attempt to evade the worker nature through the transition to the small boss system has been neutralized.”

However, “Cuckoo can pass on the labor costs incurred by the recognition of the workers’ nature to the center, and the center heads can become another victim.” Or at least, the dispute was resolved through employment through a subsidiary, but Cuckoo signed a consignment contract with the head of the center to avoid being a worker.

Reference-www.labortoday.co.kr

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