What issues should you pay attention to when recruiting employees?

What issues should be paid attention to when recruiting employees?

The "Labor Contract Law" puts forward higher requirements for the unit's employee recruitment. Article 39 of the law stipulates: Laborers are on probation If the employee is proven not to meet the employment conditions during this period, the employer may terminate the labor contract. But at the same time, Article 21 also stipulates that if the employer terminates the labor contract during the probation period, it must explain the reasons to the employee. The reason explained here is to prove that the worker does not meet the employer's recruitment conditions. Specifically, employers should pay attention to the following matters when recruiting employees.

1. When writing specific recruitment instructions, the following aspects should be achieved:

1. Use accurate words. There can be no ambiguity or ambiguity. For example, if some units write in their recruitment instructions that they "have a certain level of education" and whether they have a high school or a university degree, it is not clear whether they have a high school or a university, and it is easy to cause disputes in the future.

2. Detailed content. Employment conditions can be divided into rigid conditions and flexible conditions. For example, you require a high school degree or above, or a third-level technician. These are rigid conditions and are clear at a glance. There are also some factors such as personal quality, civilized behavior, sense of responsibility, diligence, loyalty to the company, etc., which may require the company to go through certain assessments before reaching a conclusion.

3. The content is legal and does not contain discriminatory content. Some units include phrases such as "can drink" and "can dance with customers" in their recruitment notices, while other units have obvious discriminatory content, such as gender discrimination, height discrimination, ethnic discrimination, and do not recruit "hepatitis B carriers". "person" and other contents are obviously inconsistent with legal provisions.

4. It has been clearly informed. The employment conditions set by the employer must be notified in order to be legally effective. Therefore, employers should pay special attention to retaining recruitment advertisements or writing employment conditions and notices into labor contracts so that they can be documented in the future.

2. Matters to be reviewed for applicants

1. Whether information such as identity, education, qualifications, and work experience is true.

According to Article 28 of the "Labor Contract Law", even if the labor contract is invalid due to fraud by the employee, the employer must pay labor remuneration.

Article 8: The employer has the right to know the basic information of the employee directly related to the labor contract, and the employee should explain it truthfully. Note that this refers to the basic situation "directly related to the labor contract". The employer has no right to know about situations that are not related to the labor contract.

2. Whether there are potential diseases, physical defects, etc.

It is recommended that companies conduct necessary physical examinations for employees before officially hiring them to see whether their physical condition is suitable for the position they are applying for. Employers should not worry about the 100 yuan physical examination fee. This is an effective guarantee for enterprises to reduce unnecessary expenses. Article 40 of the Labor Contract Law stipulates that if an employee is sick or injured not due to work and is within the prescribed medical period, the employer shall not terminate the labor contract. Even if the medical treatment period expires, the employer cannot terminate the labor contract at will. Only in compliance with legal provisions can the employer terminate the labor contract and pay economic compensation. Therefore, companies will pay a heavy price if they do not strictly examine the physical condition of applicants during recruitment.

3. Whether you have reached the legal age for employment.

The legal age for employment in my country is 16 years old. According to the relevant provisions of the "Provisions on the Prohibition of the Use of Child Labor", it is illegal for an employer to use child labor without authorization.

4. Whether there are unexpired labor contracts signed with other companies.

Article 91 of the "Labor Contract Law" stipulates that if an employer recruits workers whose labor contracts have not been terminated or terminated with other employers and causes losses to other employers, it shall bear joint and several liability for compensation.

3. Employers have the obligation to truthfully inform employees during employee recruitment

Article 8 of the "Labor Contract Law" stipulates that when recruiting workers, the employer shall truthfully inform the workers of their work details. Content, working conditions, work location, occupational hazards, safety production conditions, labor remuneration, and information that workers require to know. If the employer fails to fulfill its notification obligations stipulated by law during recruitment, it may invalidate the contract and cause damage to the other party, and it shall be liable for compensation.

4. Workers’ resident identity cards and other documents shall not be detained, workers shall not be required to provide guarantees or property may be collected from workers in other names

Article 84, Employers If a unit violates the provisions of this Law and seizes a worker's resident ID card or other documents, the labor administrative department shall order it to be returned to the worker within a time limit and impose penalties in accordance with relevant legal provisions. (The "Resident Identity Card Law" imposes a fine of 200 yuan)

If an employer violates the provisions of this law and collects property from workers in the name of guarantee or other means, the labor administrative department shall order it to be returned to the worker within a time limit, and shall A fine of not less than 500 yuan but not more than 2,000 yuan per person shall be imposed. If any damage is caused to workers, they shall be liable for compensation.

If a worker terminates or terminates his labor contract in accordance with the law, and the employer seizes the worker's files or other items, he shall be punished in accordance with the provisions of the preceding paragraph.

2. Issues that need to be paid attention to in the recruitment and employment of employees

Enterprises recruiting employees need to carry out careful organizational planning and conduct comprehensive scientific evaluations of candidates.