My friends over at the China Law Blog posted an article quoting the Chinese Business Leadership blog that noting that:
“We were placing a GM for a Western family owned factory. They are small and troubled. We found 15 thoroughly qualified candidates for the position. We had candidates tell us they worked at a company 5 years when they only worked. We had candidates tell us they were super valuable, and the company does not want to let them go. We were able to find out that they were fired a year before while still in probation.
As the last of the group of 15 refused to come clean and give us an accurate resume, we shook our heads in dismay. We are excellent at interviews and interview 90 minutes as our goal is to know. Despite that, we were unable to uncover these issues before the background check.
We had one guy tell us he was the overall manager for a big project, and he could describe in great detail all he had done. Our China hiring background check uncovered that he was a common worker under a manager who led that project.”
We regrettably find the same true in Korea. Also, regrettably, often executive recruiters (head hunters), in Korea, are of little help in vetting candidates. We recommend to no just, simply, hire a Korean recruitment agency. We find that many of these agencies in Korea (even the international ones) are motivated, primarily, by the placement of any individual. We know of many horror stories.
We suggest retaining a person that does not have a financial interest in the placement of the individual to vet the anticipated employee – some law firms in Korea do this. The vetting should not, simply, come in the form of a background check, but be by someone with significant experience managing individuals in Korea. The vetting should, also, include a feeling out of the person.
As noted on numerous occasions on this blog – “at will” employment is, typically, impossible in Korea.
Vetting/Hiring an Employee in Korea:
- Thoroughly vet the anticipated hire. You may be stuck with the person for a long time. This does not, simply, mean having a call and having Korean staff meet the person. A Korean “old hat” is necessary in flagging major issues that, often, do not seem to be issues by those not, deeply, familiar with Korean employees and Korean employment realities;
- Don’t trust “salary tables” – the tables are, normally, too high;
- Don’t use foreign employment, distribution, agency, and consultant agreements. Typically, these will lead to issues in Korea. Issues may include ending up at the prosecutor’s office or in court;
- Don’t hire a headhunter when a headhunter is not necessary. The best way to hire is through the grape vine and foreign “old hat” consultants and lawyers are the best at finding appropriate individuals through this grapevine. If they fail – seek a headhunter. Many headhunters in Korea are interested in making the placement -not making the proper placement, because of the, often, lack of appropriate compensation for not making a placement. Additionally, foreign headhunters, often, are just outsourcing services to affiliated agencies with little oversight.
- Korea is not China or Japan. Realities in Korea, are, often, not realities in China and Japan.
- Hire proactive counsel to draft employment agreements – not just counsel.
Other articles that may be of interest:
- Korean Rules of Employment Necessary
- Korean Labor Law Check List for Employers in Korea
- Choice of Law Issues in Employment Disputes
- Restrictive Covenants in Korean Employment Agreements
- Employment Background Checks in Korea: Not so Different from China
- Hiring/Terminating an Employee/Contractor in Korea: Employment Law in Korea
- Criminal Record Checks in Korea
- Enforcement of Covenants Not to Compete in Employment Agreements in Korea: Restrictive Covenants in Korea
- Finding a Distributor or Agent to Sell/Market Your Products in the South Korean Market
- Non-Compete Restrictive Covenant in Employment Contracts in Korea
- Must I grant Male Employees Maternity/Paternity Leave in Korea?: Korean Labor/Employment Law Updates
- Korean Year-End Tax Settlement: Common Errors & Omissions
- Korea Licensing Agreements: Licensing of Technology, Trademarks and other IP in Korea
- Guidelines on Rules of Employment & Guidelines on Fair Personnel Management Withdrawn by Korean Ministry of Employment
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