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How do enterprises avoid employment risks?
How do enterprises avoid financing risks? 1. Starting with financial analysis:
To strengthen daily financial management, small and medium-sized enterprises are limited by the quality of their personnel, and their financial analysis ability is poor. Therefore, in order to prevent financing risks, corporate financial personnel and fund operators should strengthen daily financial analysis.
Two, strengthen the audit and management of enterprise investment and financing projects:
To further standardize the management of small and medium-sized enterprises, when designing the organizational structure, we should not only have clear responsibilities, but also establish a division of labor and audit system for economic business handling, especially strictly standardize the financial work system.
Three, there must be a scientific and rigorous feasibility assessment for each fund operation project:
Don't invest blindly, and don't raise money blindly. Although the financing difficulty of small and medium-sized enterprises is the status quo, the fund management department of a single enterprise should proceed from the individual reality. The more difficult the enterprise is, the more cautious it should be in the face of financing, paying attention to financing cost, financing order and financing mode.
Fourth, strengthen enterprise credit management:
This is an aspect that is very lacking in domestic small and medium-sized enterprises at present. Improve the supervision of debt repayment in financial work and improve the follow-up management of various financing activities.
Verb (abbreviation of verb) establishes and implements the financing risk early warning management mechanism;
The process of collecting, sorting, analyzing and processing the information involved in enterprise financing risk early warning should be carried out from time to time, so enterprises are required to have a relatively perfect management mechanism. For small and medium-sized enterprises, due to their small number of personnel and weak financial strength, considering the cost of early warning, it is completely unnecessary to set up a special functional department to implement the early warning system. As long as the enterprise entrusts each employee with the responsibility of collecting and transmitting information in real time in operation and management, the personnel of relevant functional departments also serve as the personnel of early warning institutions.
How to avoid the risk of fund-raising: info.biz.hc360./2007/0213083856694-3.s.
How do enterprises avoid investment risks? To be correct, all investments are risky and unnecessary risks should be avoided. I think we should rely on our own efforts, remember not to be impatient, and of course, don't miss the right investment opportunities. This requires good investment vision and investment skills. Of course, courage and self-confidence are also the magic weapons of "winning". These are all things that we need to hone slowly at ordinary times. Remember "You can't eat hot tofu if you are impatient"! ! !
How can employers avoid the legal risks of employment? There are many risks in employing people in the company. On the one hand, the company itself is illegal, on the other hand, it does not attach importance to the employment relationship. Abiding by the labor law and strictly enforcing it, and keeping the files well are the best legal barriers. The company can also improve all aspects of the rules and regulations, so that employees can sign and approve when they join the company. Hiring an experienced lawyer and staff will reduce many employment risks.
How to avoid the risk of enterprise merger and acquisition is very simple and complicated, but one or two words are not clear. You can contact Mr. Zhang of Luquan Law Firm directly or handle it on your behalf.
How can employers avoid the risk of labor dispatch? At present, China's labor dispatch workers are paid more and more attention by the state and relevant departments, and the regulations on labor dispatch workers are more and more inclined to protect workers, and the requirements for employers are very strict. If you are not careful, you can let the unit bear unnecessary responsibilities. This is not only the responsibility of the dispatching unit, but also the responsibility of the employing unit, which is often joint and several, and cannot be solved by a paper agreement. So I suggest that employers try not to use labor dispatch workers. If you really want to use such workers, I suggest you make this transformation. For example, if your company wants to use cleaners, don't look for a labor dispatch unit, you can look for a housekeeping company directly. This will not be a labor dispatch, and the employer does not have to bear too much responsibility for this kind of employment.
How can employers avoid the risk of occupational diseases 4.4 Workplace management
4.4. 1 The intensity or concentration of occupational hazard factors shall meet the national occupational health standards.
Occupational exposure limits is the exposure limit of occupational hazard factors, which refers to the long-term repetition of workers in the process of occupational activities.
Exposure, the allowable exposure level that does not have harmful effects on the health of the vast majority of contacts, and the intensity or concentration of occupational hazard factors should conform to GBZ2. 1,
Requirements of GBZ2.2
4.4.2 Reasonable production layout
The production layout shall comply with the provisions of GBZ 1, consider mechanization, automation and remote operation as much as possible, and strengthen sealing and avoidance.
Direct operation. And corresponding protective measures should be taken in combination with the production process. The production layout should include the overall layout and production of the workshop.
Layout of process equipment.
The overall layout includes plane layout and vertical layout. When arranging a factory or workshop, we should focus on meeting the needs of the main body.
Under the premise of engineering needs, facilities with serious pollution hazards should be kept away from pollution-free facilities, high-noise workshops and low-noise workshops.
Separate the hot processing workshop from the cold processing workshop, the dust production workshop from the poison production workshop, and set them in the production post.
A certain health protection green belt shall be set between the workshop with occupational diseases and other workshops and living quarters. The workshop is a multi-storey building.
In the layout direction, production operations that release heat and harmful gases should be arranged at the top of the building; Equipment with high noise and vibration
Should be placed at the bottom; The waste water discharge pipeline containing volatile gas and steam cannot pass through the instrument control room and lounge.
Under the floor of the room.
The layout of production process equipment in the workshop should focus on dustproof, antivirus, heatstroke prevention, cold prevention, noise prevention and vibration prevention.
Requirements for protection against ionizing radiation and non-ionizing radiation, etc.
4.4.3 Separation of hazardous and harmless operations
In the workplace where dust and toxic substances are produced, the layout of its sources should meet the following requirements: disperse different toxic substances.
When the production process is arranged in the same building, high toxic operation should be separated from low toxic operation, and non-toxic operation should be separated from toxic operation.
Homework should be separated; Dust and poison sources should be arranged at the downwind side of natural ventilation in the workplace; E.g. arranged in multiple layers.
When in a building, the production process of escaping harmful gases should be arranged on the upper floor of the building. If you must arrange it on the lower floor, you should come.
Take effective measures to prevent upper air pollution.
Non-toxic operations and toxic operations can transport toxic operations through seals and pipelines, or limit toxic operations to
Independent operation room, and exhaust toxic gases by ventilation and purification.
4.4.4 In toxic and harmful workplaces where acute occupational injuries may occur, alarm devices should be set up.
Toxic and harmful workplaces where acute occupational injuries may occur refer to toxic substances, highly corrosive substances and * * *
Workplaces that cause acute harm to workers' lives and health, such as the leakage of sexual substances.
Toxic and harmful substances that may cause acute occupational injuries refer to substances with high acute toxicity, strong effects and/or dangers.
Harmful, or short-term contact may produce * * * effect, resulting in chronic or irreversible tissue damage, and the anesthetic effect is sufficient to enhance.
Possible accidental injuries affect the ability to save eyes and reduce work efficiency. For the determination of specific toxic and harmful substances, refer to Highly Toxic.
The article directory and GBZ2. 1.
The above-mentioned alarm devices must be verified by relevant departments, and corresponding systems shall be established, with responsibilities in place and special personnel in charge.
Pre-shift and regular inspection, timely maintenance, to ensure that the alarm device can work normally.
4.4.5 Toxic and harmful workplaces where acute occupational injuries may occur should be equipped with on-site first aid supplies.
On-site first-aid articles include personal occupational protection articles used by first-aid personnel in the event of an accident, such as air respirator.
Fully enclosed chemical protective clothing, protective gloves, protective shoes and boots, etc. And the first aid supplies needed to save the rescued, such as being a man.
One-way valve protective mask, on-site hemostatic supplies, heatstroke prevention and cooling supplies and oxygen supplier needed by workers for breathing can be equipped according to special needs.
Emergency ambulance, small protective medicine box, etc.
The configuration of first aid supplies should be based on the needs of on-site protection, and the production conditions and chemicals should be considered under the guidance of professionals.
Physical and chemical properties and dosage. First aid supplies should be stored in or near the workshop. In case of an accident, they should be put in the workshop.
10 second. Warning signs should be placed in an eye-catching position in the storage place of first aid supplies to ensure that the staff know. Labor should be created.
Learners master how to use first aid supplies.
The above-mentioned on-site first-aid supplies should be safe and effective, and a corresponding management system should be established, with responsibilities in place, special personnel in charge and daily inspections.
Check, maintain or update in time to ensure the safety and effectiveness of on-site first aid supplies.
4.4.6 Toxic and harmful workplaces where acute occupational injuries may occur should be equipped with washing equipment.
Washing equipment mainly refers to eye washer, running faucet and washing equipment, which may cause skin and mucous membrane or eye burns.
Workplaces with corrosive and * * * chemicals should be equipped with the above washing equipment, with special emphasis on the convenience of washing equipment.
In the event of an accident, workers can be flushed within 10 seconds. The water used for flushing toilets should be safe and secure.
This is running water. The place where washing equipment is set should be clearly marked, eye-catching and easy to find.
The above washing equipment should be used normally, and a corresponding management system should be established, with responsibilities in place and special personnel in charge.
Daily inspection and timely maintenance.
4.4.7 Emergency evacuation routes should be set up in toxic and harmful workplaces where acute occupational injuries may occur.
Emergency passages must be kept unobstructed, emergency lighting facilities should be set up, and obvious warning signs should be set up in eye-catching positions. Evacuation pass
The width of the road should be set as required. If vehicles and stretchers are needed, the width should ensure the smooth passage of vehicles and stretchers.
To establish a corresponding management system, the responsibility is in place, someone is in charge, regular inspection, to ensure the smooth flow of emergency channels.
4.4.8 Necessary safe-haven areas should be set up in toxic and harmful workplaces where acute occupational injuries may occur.
According to the production conditions, physical and chemical characteristics and the amount of chemicals used, consider the location, size and material selection of the risk mitigation area.
There should be no substances around the danger zone that may have flammable and explosive chemical reactions with toxic and harmful substances discharged into the danger zone.
The materials around the dangerous area should not react with dangerous substances, and the leaked substances and washing water should be included in the industrial wastewater treatment system.
Clear warning signs and Chinese warning instructions should be set in conspicuous positions around the risk mitigation area. Conventional risk mitigation should be done in Chinese.
The warning notes indicate the time of release of conventional risks, substances released by risks and precautions; An accident risk mitigation plan should be formulated, which clearly
Confirm the conditions of risk release, the issuer of risk release order, how to evacuate people during risk release, and the harmless treatment and elimination of risk release substances.
In addition to the danger of secondary accidents, corresponding management systems should be established to clarify the responsibilities of relevant personnel.
Daily management of risk removal to ensure that irrelevant personnel cannot enter the risk removal area.
How do enterprises avoid the risk of exchange rate fluctuation? The foreign exchange market refers to a trading place where foreign exchange is bought and sold, or a place where different currencies are exchanged.
A foreign trade company in our country imports a set of equipment from Belgium on behalf of domestic customers, and the price is Belgian franc. During the execution of the contract, the other party proposed to postpone the delivery, but our users acquiesced and did not make a written contract amendment document. Later, due to the appreciation of the Belgian franc, our import and export company had to spend $3,654,380,000 more than when signing the contract.
The facts of a legal case
1993 10 one of my import and export companies imported a Belgian textile machinery and equipment on behalf of customers, with a total contract price of 99,248,540.00 Belgian francs; The price terms are FOB Wu Anweipu; Payment method is 100% letter of credit; The latest date of shipment is1April 25th, 994.
1994 1 month, we opened an irrevocable letter of credit for 100% of the contract amount, and the validity of the letter of credit was1May 5, 994. (On the opening day, the exchange rate was 1: 36 USD to Belgian franc).
At the beginning of March, on 1994, the seller requested to postpone the delivery, and our users verbally agreed to the seller's request to postpone the delivery by 3 1 day. Our import and export company acquiesced in this, but did not make a written contract amendment document.
At the end of March, our import and export company made corresponding amendments to the letter of credit according to users' requirements: the latest shipment date was changed to May 26th, and the validity of the letter of credit was extended to June 2nd1994.
From late April to late April, the exchange rate of Belgian franc fluctuated, reaching 1: 35 (USD /BFR) on April 25th, and then rising all the way.
The goods were shipped on May 2 1, and the seller submitted the negotiation documents on May 26. On that day, the exchange rate rose to 1: 32 (USD /BFR). During this period, our import and export company advised users to hedge many times and contacted the bank to make corresponding preparations. However, users have been very lucky and expect the Belgian franc to fall. Therefore, the suggestion of the import and export company was not adopted.
After the seller delivered the documents, we verified that the documents were in strict conformity and there was no reason to refuse to pay. So on June 3, our import and export company informed the bank to accept the payment, and told the user to prepare to receive the goods, but the user informed the bank to stop the payment. As this money is a loan from the issuing bank, it will be credited to the user's foreign exchange deposit account as a deposit when issuing the letter of credit. Therefore, our import and export company can't keep its promise.
Since then, the negotiating bank and the seller have been urging us to pay. In mid-July, the seller sent personnel to negotiate with us. After repeated negotiations, we had to agree to pay the amount of the letter of credit, and the expenditure exceeded $3,654,380,000. At the same time, according to the contract, our import and export company requires to pay a penalty of BFRL 984,970.00 yuan (calculated at 0.5% of the contract amount every seven days), which is about US$ 62,000.00 (the exchange rate is 65,438+0: 32). In the end, the seller only agreed to provide spare parts worth 30 thousand dollars as compensation. The direct economic loss of this contract is about US$ 3,654,380+0 million, and the reputation of our bank and import and export companies has also been seriously damaged.
analyse
This case is a typical case of loss caused by exchange rate fluctuation risk, but when the risk appears, the loss that could have been avoided or reduced is delayed due to the particularity of agency relationship and capital source. During the whole project operation, we made the following mistakes:
First, improper selection of valuation payment currency. In international trade in goods, the choice of pricing and payment currency is very important. The currency of pricing is usually the same as the currency of payment, and it can be the currency of the exporting country, the currency of the importing country or the currency of a third country, which is determined by the buyer and the seller through negotiation. At present, the floating exchange rate system is widely implemented in the international financial market, and both buyers and sellers will bear certain exchange rate fluctuation risks. Therefore, as both parties to the transaction, they have to consider the risk of currency exchange rate when choosing which currency to use. First of all, we should consider whether the selected currency is a freely convertible currency; Second, we should consider the stability of freely convertible currencies. Especially in the long-term delivery of bulk goods, choosing a currency with stable exchange rate as the payment currency is the basic principle in the negotiation of international goods sales contracts, and it is also an acceptable condition for both buyers and sellers. Unless we can predict that a certain currency will depreciate during the delivery period, we choose a certain currency to gain the benefits of exchange rate changes. That is, it is usually called "choosing soft coins for import and choosing coins for export", but this is only a unilateral expectation and should be based on a full study of the exchange rate trend of the selected currencies. But in fact, the other side of the transaction will also make corresponding considerations. Therefore, we say that when the contract amount for the purpose of buying and selling goods is large, it is more realistic to choose a currency with stable exchange rate for payment. The contract amount in this case is nearly US$ 3 million, and the delivery date is 6 months after the contract is signed. Without any research on the exchange rate, we accepted the Belgian franc as the payment currency, which left a hidden danger of exchange rate risk loss for the contract. Because the Belgian franc is not a stable currency in the international financial market.
Second, rashly accept the delayed delivery clause, so that the risk becomes a reality. When the seller asked for a delay in delivery before delivery, we still didn't realize the potential risks of the contract and accepted the seller's request unconditionally. Although we didn't amend the contract in writing, we amended the letter of credit according to the conditions put forward by the seller. At this time, if you are aware of the exchange rate risk, you should take the exchange rate risk borne by the seller as the condition for accepting the delayed delivery. The actual situation has proved that it is this unconditional acceptance of delayed delivery that makes our exchange rate risk a reality.
Third, no corresponding hedging measures were taken against risks, resulting in heavy losses. In international trade in goods, in order to prevent losses caused by exchange rate changes, foreign exchange preservation measures such as forward foreign exchange transactions can be taken. In this case, when the Belgian franc rose in late April, it was very correct for our import and export company to suggest hedging in order to avoid or reduce losses, but the users were lucky and refused to take preventive measures. As a result, when the loss occurred and could not be recovered, it refused to pay compensation unreasonably, resulting in double losses of our economy and reputation. It can be seen that in the import and export business of forward delivery, it is very important to strengthen the awareness of exchange rate fluctuation risk, carefully choose payment currency and adopt financial operation means to prevent and reduce losses.
How do entrepreneurs avoid legal risks? 1. Please ask a lawyer to write a model contract, which is generally not modified in practice. If there are any changes, consult a lawyer again.
2, labor issues, please write a lawyer system, both within the reasonable scope of the labor law, but also to safeguard the best interests of the boss.
3. In the course of business, I have encountered a contract provided by the other party, and the amount is relatively large. You'd better ask a lawyer to review it.
These are suggestions for small and medium-sized enterprises. Of course, the premise is to hire legal counsel. If the company is small, the workload is not large and the cost is not high, which is equivalent to the salary of half an ordinary employee.
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