홈
김해원 님 답변
[법률상담]
답변일
7/12/2015 1:18:37 PM
1. 가주노동법 226조항에 의하면 직원에게 카피 비용을 요청할 수 있습니다. 페이롤 기록은 21일내로 줘야 합니다.
(b) An employer that is required by this code or any regulation
adopted pursuant to this code to keep the information required by
subdivision (a) shall afford current and former employees the right
to inspect or copy records pertaining to their employment, upon
reasonable request to the employer. The employer may take reasonable
steps to ensure the identity of a current or former employee. If the
employer provides copies of the records, the actual cost of
reproduction may be charged to the current or former employee.
(c) An employer who receives a written or oral request to inspect
or copy records pursuant to subdivision (b) pertaining to a current
or former employee shall comply with the request as soon as
practicable, but no later than 21 calendar days from the date of the
request. A violation of this subdivision is an infraction.
Impossibility of performance, not caused by or a result of a
violation of law, shall be an affirmative defense for an employer in
any action alleging a violation of this subdivision. An employer may
designate the person to whom a request under this subdivision will be
made.
2. 재직증명서가 personnel record에 있다면 노동법 1198.5 조항에 의해 요청할 수 있도 30일내에 줘야 합니다.
1198.5.
(a) Every current and former employee, or his or her representative, has the right to inspect and receive a copy of the personnel records that the employer maintains relating to the employee’s performance or to any grievance concerning the employee.
(b) (1) The employer shall make the contents of those personnel records available for inspection to the current or former employee, or his or her representative, at reasonable intervals and at reasonable times, but not later than 30 calendar days from the date the employer receives a written request, unless the current or former employee, or his or her representative, and the employer agree in writing to a date beyond 30 calendar days to inspect the records, and the agreed-upon date does not exceed 35 calendar days from the employer’s receipt of the written request. Upon a written request from a current or former employee, or his or her representative, the employer shall also provide a copy of the personnel records, at a charge not to exceed the actual cost of reproduction, not later than 30 calendar days from the date the employer receives the request, unless the current or former employee, or his or her representative, and the employer agree in writing to a date beyond 30 calendar days to produce a copy of the records, as long as the agreed-upon date does not exceed 35 calendar days from the employer’s receipt of the written request. Except as provided in paragraph (2) of subdivision (c), the employer is not required to make those personnel records or a copy thereof available at a time when the employee is actually required to render service to the employer, if the requester is the employee.
(2) (A) For purposes of this section, a request to inspect or receive a copy of personnel records shall be made in either of the following ways:
(i) Written and submitted by the current or former employee or his or her representative.
(ii) Written and submitted by the current or former employee or his or her representative by completing an employer-provided form.
(B) An employer-provided form shall be made available to the employee or his or her representative upon verbal request to the employee’s supervisor or, if known to the employee or his or her representative at the time of the request, to the individual the employer designates under this section to receive a verbal request for the form.
(c) The employer shall do all of the following:
(1) With regard to all employees, maintain a copy of each employee’s personnel records for a period of not less than three years after termination of employment.
3. 기록은 3년 것만 가지고 있으면 됩니다.
Record-keeping Requirement for Payroll Records. Assembly Bill 469, which went into effect January 1, 2012, clarified the law in California regarding the retention of payroll records. Payroll records must be maintained for a period of not less than 3 years. (Labor Code § 1174.)
(b) An employer that is required by this code or any regulation
adopted pursuant to this code to keep the information required by
subdivision (a) shall afford current and former employees the right
to inspect or copy records pertaining to their employment, upon
reasonable request to the employer. The employer may take reasonable
steps to ensure the identity of a current or former employee. If the
employer provides copies of the records, the actual cost of
reproduction may be charged to the current or former employee.
(c) An employer who receives a written or oral request to inspect
or copy records pursuant to subdivision (b) pertaining to a current
or former employee shall comply with the request as soon as
practicable, but no later than 21 calendar days from the date of the
request. A violation of this subdivision is an infraction.
Impossibility of performance, not caused by or a result of a
violation of law, shall be an affirmative defense for an employer in
any action alleging a violation of this subdivision. An employer may
designate the person to whom a request under this subdivision will be
made.
2. 재직증명서가 personnel record에 있다면 노동법 1198.5 조항에 의해 요청할 수 있도 30일내에 줘야 합니다.
1198.5.
(a) Every current and former employee, or his or her representative, has the right to inspect and receive a copy of the personnel records that the employer maintains relating to the employee’s performance or to any grievance concerning the employee.
(b) (1) The employer shall make the contents of those personnel records available for inspection to the current or former employee, or his or her representative, at reasonable intervals and at reasonable times, but not later than 30 calendar days from the date the employer receives a written request, unless the current or former employee, or his or her representative, and the employer agree in writing to a date beyond 30 calendar days to inspect the records, and the agreed-upon date does not exceed 35 calendar days from the employer’s receipt of the written request. Upon a written request from a current or former employee, or his or her representative, the employer shall also provide a copy of the personnel records, at a charge not to exceed the actual cost of reproduction, not later than 30 calendar days from the date the employer receives the request, unless the current or former employee, or his or her representative, and the employer agree in writing to a date beyond 30 calendar days to produce a copy of the records, as long as the agreed-upon date does not exceed 35 calendar days from the employer’s receipt of the written request. Except as provided in paragraph (2) of subdivision (c), the employer is not required to make those personnel records or a copy thereof available at a time when the employee is actually required to render service to the employer, if the requester is the employee.
(2) (A) For purposes of this section, a request to inspect or receive a copy of personnel records shall be made in either of the following ways:
(i) Written and submitted by the current or former employee or his or her representative.
(ii) Written and submitted by the current or former employee or his or her representative by completing an employer-provided form.
(B) An employer-provided form shall be made available to the employee or his or her representative upon verbal request to the employee’s supervisor or, if known to the employee or his or her representative at the time of the request, to the individual the employer designates under this section to receive a verbal request for the form.
(c) The employer shall do all of the following:
(1) With regard to all employees, maintain a copy of each employee’s personnel records for a period of not less than three years after termination of employment.
3. 기록은 3년 것만 가지고 있으면 됩니다.
Record-keeping Requirement for Payroll Records. Assembly Bill 469, which went into effect January 1, 2012, clarified the law in California regarding the retention of payroll records. Payroll records must be maintained for a period of not less than 3 years. (Labor Code § 1174.)
