What are the legal risks when an employer recruits workers who have not terminated the labor relationship with the original employer?

Employers should pay attention to reviewing the background of workers when recruiting workers. The background here includes the natural conditions and working conditions of the worker. The natural conditions include the worker’s education, resume, age, health, etc.; while the working conditions include whether the worker has terminated or terminated the labor relationship with the original employer, and whether the worker has terminated the labor relationship with the original employer. Whether the original employer has entered into a confidentiality agreement or non-competition agreement, etc. The employer recruits workers whose labor relations have not been terminated or terminated for two main reasons: first, the employer fails to perform its review obligations intentionally or negligently; second, the worker fabricates facts and conceals the truth, causing the employer to be defrauded. . When the above two situations occur, first, the new employer's recruitment of workers is not protected by law, and the two parties do not constitute a labor relationship. Secondly, if the original employer suffers losses due to the recruitment of workers by the new employer, the workers and the new employer shall bear joint and several liability for the losses of the original employer. Thirdly, if the new employer is defrauded because the worker fabricated facts and concealed the truth, although the new employer needs to bear joint and several liability for the economic losses suffered by the original employer, it will not be responsible for the losses of the new employer (including compensation to the original employer). losses and economic losses caused by recruitment failure), they can seek recourse from workers who commit subjective fraud. As for the fact that the new employer recruits workers, the original employer shall bear the burden of proof. Prevent employees from bringing legal risks related to the original unit 1. The company should confirm that the employed person has terminated the labor relationship with the original unit. Article 99 of the Labor Law stipulates that if an employer recruits workers whose labor contracts have not been terminated and causes economic losses to the original employer, the employer shall bear joint and several liability for compensation in accordance with the law. Then, companies should pay attention to guarding against this legal risk when recruiting employees. Enterprises can establish relevant review procedures based on the importance of the positions they are recruiting. For important positions such as middle and senior managers and technical R&D personnel, employees can be required to provide proof of termination of their labor contracts with their original units. If the employee is unable to provide it, the enterprise may require the employee to provide the contact information or certifier of the original unit for the purpose of conducting a work background check. 2. Prevent legal risks that may infringe the rights and interests of the original unit due to employees entering the company to work. Enterprises should realize that if employees sign relevant legal documents with their original unit, it will constitute a breach of contract if the employee enters the company to work, or the employee uses his "original unit-related resources" (that is, the technical materials and business information that the employee mastered when working in the original unit) and other trade secrets), which causes the company to infringe on the employee's original employer. Regardless of whether the employee's behavior is in good faith or malicious, the company may have to bear certain responsibilities. Therefore, enterprises should pay attention to checks. When recruiting and hiring employees, the human resources department should ask whether the employee to be hired has signed a confidentiality agreement, a non-competition agreement and other legal documents with the original unit, and whether the employee has violated relevant agreements while working in the company. If necessary, relevant documents can be made Confirm the document. If your company encounters risks when recruiting employees who have not resigned, and if you want a perfect legal solution, you can consult a lawyer on this issue.