1, specifying the requirements of employment conditions.
Employment conditions are the assessment requirements of enterprises for new employees. When an enterprise finds that a new employee does not have the employment conditions through the probation period assessment, it can terminate the probation period of the new employee, and the requirements of the employment conditions are the key. According to the provisions of China's Labor Contract Law, if a worker is proved to be unqualified for employment during the probation period, the employer may terminate the labor contract without paying economic compensation. It should be reminded that enterprises need to be clear, clear and quantifiable in terms of employment conditions. Do not meet the employment conditions, first of all, there can be no employment discrimination such as age, gender and nationality. Second, it must be specific, such as the corresponding qualification certificate and job skills required by the post. The most important link that is easily overlooked by enterprises is to publicize to new employees in order to fulfill the obligation of informing, that is, new employees already know the requirements of employment conditions, and sign the relevant documents of employment conditions for confirmation, or clearly stipulate the requirements of employment conditions in the labor contract. The purpose of this operation is that in the future, because new employees do not meet the employment conditions, enterprises can terminate the probation period of new employees without great legal risks.
2. Review whether the information provided by new employees is true and effective.
When new employees fill in the application registration form, employment registration form and other related forms during the interview, as HR, they need to verify the relevant information filled in by new employees. The new employee's ID card information can be verified by a copy of the new employee's ID card or by contacting the local police station by telephone. The academic information of new employees can be verified by a copy of graduation certificate or Xuexin.com. The purpose of verification is to ensure that the information provided by new employees to the enterprise is true and effective. It is precisely because the information filled in by new employees meets the requirements of the enterprise that the enterprise will hire job seekers. In order to effectively avoid risks, I can add a sentence to the employment registration form: the above information filled in by employees is true and valid. If there is any untrue content, I am willing to bear all adverse consequences, even terminate the probation period or terminate the labor contract. The purpose of adding such a sentence is to let new employees know that they use false information to defraud the trust of enterprises, which constitutes the signing of labor contracts with enterprises in a fraudulent way, and the consequences will also be borne by employees.
3. Conduct physical examination for new employees.
In special industries, it is an industry regulation to carry out health examination for employees. For example, in the food and catering industry, employees are required to have health checkups, health certificates and certificates. In practice, in addition to the special requirements of special industries, many enterprises ignore the necessity of physical examination for new employees. Because the new employee is found to be sick or suffering from occupational diseases after joining the company, the enterprise cannot terminate the labor contract at will during the medical treatment period, unless the employee seriously violates the company's rules and regulations, and the enterprise cannot terminate the labor contract on the grounds of health. The labor contract can not be terminated until the employee's medical treatment expires and it is proved that he can't engage in the original job or the post arranged by the enterprise. This restrictive regulation is very passive for enterprises. Not only passive, but also the cost of termination is high, and economic compensation needs to be paid. If it is an occupational disease, the cost borne by the enterprise will be great. According to Article 53 of the Law of People's Republic of China (PRC) on the Prevention and Control of Occupational Diseases, if a worker is diagnosed with occupational diseases, but the employer fails to participate in social insurance for work-related injuries according to law, his medical care and living security shall be borne by the last employer; The previous employer has evidence to prove that the occupational disease is caused by the occupational hazards of the previous employer, and it shall be borne by the previous employer. But if the last enterprise can't prove that it is caused by the occupational hazards of the previous enterprise, it is difficult for the last enterprise to bear the corresponding responsibilities. Therefore, it is necessary for new employees to have a pre-employment physical examination. Don't let new employees join as soon as possible in order to save medical examination fees. There are great risks for enterprises, because there are hidden risks for new employees to join the company, and there are too many uncontrollable factors beyond the control of enterprises. It is necessary not only to carry out physical examination for new employees, but also to specify hospitals and physical examination items. However, attention should be paid to hepatitis B carriers, which cannot constitute employment discrimination.
4. Verify whether the new employee has gone through the resignation procedures.
Under normal circumstances, new employees need to provide the previous company's resignation certificate before joining the company. However, in practice, there is often no mandatory requirement for new employees to provide resignation certificates, which has great potential risks. The basis is that China's "Labor Contract Law" clearly stipulates that if an employer recruits workers who have not yet terminated their labor relations and causes economic losses to the original employer, the employer shall bear joint and several liability for compensation according to law. Therefore, when recruiting new employees, enterprises need to verify whether the new employees have gone through the resignation procedures. The most effective way is to ask new employees to provide the previous company's resignation certificate. For new employees who can't provide resignation certificate, they should delay their entry time first, and then go through the entry formalities after the company has verified it. To verify whether the new employee has gone through the resignation procedures, on the one hand, you can ask the new employee to provide the resignation certificate; On the other hand, if the new employee can't provide the resignation certificate, you can verify whether the new employee's last company has gone through the resignation formalities through background check and telephone verification, and record the whole process of background check. For the sake of safety, enterprises need new employees to sign a letter of commitment. The main content of the commitment is that I promise not to establish labor relations with other units. If I conceal the fact of establishing labor relations with other units, I promise all the consequences and am willing to bear all the economic losses caused to the company.
5. Verify whether the new employee has the legal obligation of non-competition.
Workers with non-competition obligations are often the core employees of the company, or employees who master some business secrets of the company. For such employees, once they leave their jobs, the original employer will often sign a non-competition agreement with them, which can restrict their employment. For such people, as employers, we need to be cautious, because once an enterprise hires employees with non-competition obligations, it will be implicated. The original employer sued the employees and the new unit together, demanding that the employees and the new unit be liable for the economic losses caused by the employees' disclosure of their business secrets. Enterprises should make necessary verification when recruiting similar senior executives or core technical positions. On the one hand, before new employees join the company, it is necessary to verify whether they are employees with non-competition obligations and provide the original non-competition agreement if necessary. On the other hand, if the new employee fails to provide the non-competition agreement or intentionally conceals it, the enterprise can verify whether it belongs to the employee with non-competition obligation through callback. Once it is verified that the employee belongs to the obligation of non-competition, the enterprise cannot hire the employee. If the employee does not belong to the obligation of non-competition or the obligation of non-competition has ended, the enterprise can rest assured to hire the employee. For safety reasons, enterprises may ask new employees to sign a letter of guarantee, the main content of which is that I do not undertake the obligation of non-competition. If I deliberately conceal the truth, I will bear all the responsibilities and the economic losses caused to the company. Of course, not all new employees have to sign this letter of guarantee, only new employees who belong to senior management or technical post level need to sign it, and others don't need to sign this letter of guarantee.
6. Verify whether it is within the legal working age.
The legal working age is over sixteen and below the legal retirement age. To verify whether a new employee is within the legal working age, on the one hand, you can query the birth date information of his ID card, on the other hand, you can log on to the website of the Ministry of Public Security, or you can query through the issuing authority, or you can query through the neighborhood Committee or community where he belongs. When an enterprise recruits job seekers under the age of 16, it constitutes the recruitment of underage workers, which is commonly referred to as child labor. Not only will they face administrative punishment, but if the circumstances are bad, they will also revoke their business licenses and give administrative sanctions to those responsible for using child labor. If it constitutes a crime, the judicial organs will investigate its criminal responsibility according to law. The law does not prohibit enterprises from recruiting job seekers who have reached the statutory retirement age, but there are still some risks in recruiting job seekers who have reached the statutory retirement age. Unless the enterprise knows how to avoid risks, it is recommended to use as few job seekers as possible.
7. Entry procedures should be reasonable.
It is necessary and necessary for new employees to provide necessary materials and sign relevant employment documents. For new employees, the materials to be provided and the relevant documents to be signed are:
1, one employment application form or one resume;
2. Copy of ID card;
3. 2 photos of myself;
4. Copy of graduation certificate;
5. Medical certificate;
6. A copy of the resignation certificate;
7. A copy of confidentiality agreement, letter of guarantee and letter of commitment;
……
Different enterprises have different requirements for the materials and documents that new employees need to provide, but there are still necessary documents, such as a copy of ID card, resignation certificate, medical certificate and so on. The more complete the documents and materials required for entry, the less the risk.
Clear employment requirements, strict information review, necessary health examination, necessary resignation certificate, non-competition personnel, personnel within the legal working age, and sound entry procedures are a complete set of new employee entry management processes, which can minimize the employment risks of enterprises. Enterprise employment risk prevention skills come from HR's familiarity with labor-related laws and regulations, and also from HR's familiarity with relevant measures and methods to avoid labor risks, which is the professional embodiment of HR and the value embodiment of HR.