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What should be paid attention to in employee recruitment?
The "Labor Contract Law" puts forward higher requirements for employers to recruit employees. Article 39 of the Law stipulates that if a worker is proved to be unqualified for employment during the probation period, the employer may terminate the labor contract. At the same time, however, Article 2 1 stipulates that if the employer terminates the labor contract during the probation period, it shall explain the reasons to the employee. The reason given here is to prove that the employee does not meet the employment conditions of the employer. Specifically, employers should pay attention to the following matters when recruiting employees: 1. Write the recruitment revelation in the following aspects: 1, and use accurate words: unambiguous. If some units write "with a certain degree of education" in the recruitment notice, is it a high school or a university? If you don't know, it is easy to have disputes in the future. 2. Details: Employment conditions can be divided into rigid conditions and flexible conditions. For example, a high school education or a third-class mechanic is required, which are hard conditions and can be seen at a glance. Others, such as personal qualities, civilized manners, sense of responsibility, diligence, loyalty to enterprises, etc. , it may require the enterprise to pass a certain evaluation before reaching a conclusion. 3. The content is legal and does not contain discriminatory content: some units write terms such as "you can drink" and "you can dance with customers" in the recruitment tips, while others have obvious discriminatory content, such as gender discrimination, height discrimination, ethnic discrimination, and not recruiting "hepatitis B carriers", which obviously does not comply with the law. 4. It has been clearly informed that the employment conditions formulated by the employer must be informed before they become legally effective. Therefore, employers should pay special attention to retaining job advertisements or writing employment conditions and notification contents into labor contracts for future reference. 2. Whether the applicant 1, identity, education, qualifications, work experience and other information to be audited are true. According to Article 28 of the Labor Contract Law, even if the labor contract is invalid due to the fraudulent behavior of the employee, the employer shall pay the labor remuneration. Article 8 The employer has the right to know the basic information directly related to the labor contract, and the employee shall truthfully explain it. Note that this refers to the basic situation of "directly related to the labor contract", and the employer has no right to know the situation unrelated to the labor contract. 2. Whether there are potential diseases and physical defects. I suggest that enterprises should give employees the necessary physical examination before formally hiring them to see if their physical condition is suitable for the job they are applying for. Employers should not feel bad about 100 yuan medical examination fee, which is an effective guarantee for enterprises to reduce unnecessary expenses. Article 40 of the Labor Contract Law stipulates that the employer shall not terminate the labor contract if the employee is sick or injured non-work-related. Even if the medical treatment period expires, the employer cannot terminate the labor contract at will. Only in accordance with the law, the employer can terminate the labor contract and pay economic compensation. Therefore, if the applicant's physical condition is not strictly examined during recruitment, the enterprise will pay a huge price. 3, whether to reach the legal age of employment. The legal employment age in China is 16 years old. According to the relevant regulations prohibiting child labor, it is illegal for employers to use child labor without authorization. 4 whether there is an unexpired labor contract with other enterprises. Article 9 1 of the Labor Contract Law: "If an employer recruits workers who have not dissolved or terminated their labor contracts with other employers, causing losses to other employers, it shall be jointly and severally liable for compensation." Article 8 of the Labor Contract Law: When employing workers, the employing unit shall truthfully inform the workers of their work contents, working conditions, workplace, occupational hazards, safe production conditions, labor remuneration and what the workers require to know. If the employer fails to fulfill the notification obligation stipulated by law in the recruitment, which may lead to the invalidation of the contract and cause damage to the other party, it shall be liable for compensation. Four. Employees' resident identity cards and other documents shall not be seized, and employees shall not be required to provide guarantees or collect property from employees in other names. Article 84 If an employing unit violates the provisions of this Law and distrains the employee's resident identity card and other documents, the labor administrative department shall order it to return the employee within a time limit and punish it in accordance with relevant laws and regulations. (Punishment of 200 yuan by the Law on Resident Identity Cards) If an employer, in violation of the provisions of this law, collects property from a worker by way of guarantee or other names, the labor administrative department shall order it to be returned to the worker within a time limit and impose a fine of not less than 500 yuan but not more than 2,000 yuan per person; If it causes damage to workers, it shall be liable for compensation. If the employee dissolves or terminates the labor contract according to law, and the employer detains the employee's files or other articles, it shall be punished in accordance with the provisions of the preceding paragraph.
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