How to avoid the legal risks existing in the work of financial personnel

How to avoid the legal risks existing in the work of financial personnel needs to be explained that financial personnel in enterprises will face all kinds of legal risks in the course of work, but the legal risks are global, and their causes and influence range run through the whole process of daily operation of enterprises, and are restricted and influenced by various factors, not just financial personnel in enterprises. Therefore, when dealing with all kinds of legal risks, enterprises should not only focus on corporate financial personnel, but also actively mobilize the strength of all aspects of enterprises, comprehensively analyze and evaluate potential risks and problems, formulate and improve the legal risk early warning system in a targeted manner, and effectively ensure the effective implementation of various measures.

How to avoid legal risks in enterprise rules and regulations? On the Writing of Recruitment Advertisements

The definition of recruitment conditions in advertisements is the most critical issue. During the probation period, the employer has the right to terminate the labor contract at any time if it finds that the employee does not meet the employment conditions. However, the exercise of this right is conditional, that is, employees do not meet the employment conditions. Specific to which do not meet the employment conditions, the burden of proof is on the employer. And the most powerful evidence is the job advertisement. Therefore, in the recruitment advertisement, the employer must be clear about its recruitment conditions, pay attention to filing this advertisement for future reference, and keep the original published.

Second, about the compilation of the rules and regulations of the employer.

First, the effectiveness of rules and regulations.

Article 19 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Labor Dispute Cases (200 1) stipulates that the rules and regulations formulated by the employing unit through democratic procedures in accordance with Article 4 of the Labor Law do not violate the provisions of national laws, administrative regulations and policies, and have been publicized to workers, which can be used as the basis for the people's courts to try labor dispute cases. This provision actually determines three general standards for the effectiveness of regulations, namely, through democratic procedures, legality and openness. If one of the three conditions is missing, the regulations will be invalid.

Second,

Practicality of rules and regulations.

Take a frequent situation as an example. If a worker is absent from work for 15 days in a row, one of the necessary elements for the employer to dismiss him is "the continuous absenteeism time exceeds 15 days, or the cumulative absenteeism time exceeds 30 days in 1 year". The employer has the obligation to prove the existence of this fact, and then the employer will produce the attendance record. This attendance will become a focus of the case, and there may be the following problems.

1. If the attendance system does not meet the three requirements of legality, openness and democratic procedures, delisting shall be revoked;

2. The work schedule that the attendance system relies on is illegal, so attendance is meaningless;

3. The attendance range determined by the attendance system does not include those who have been delisted in this case, and the employer has the obligation to prove that those who have been delisted are included;

4. The attendance system is not really implemented. If the attendance system formulated by the employer can't stand the above scrutiny, then the risk of losing the case is great.

Therefore, the rules and regulations of the employer will, to a large extent, become the rules of the game in which the employer binds the workers. If there are only principled provisions, it is difficult to play a role.

Third, pay attention to formulating some mandatory rules and regulations.

Relevant laws and regulations clearly require employers to include the contents of rules and regulations, which may become part of the burden of proof of employers. In particular, it should be noted that such provisions are often aimed at more important and controversial systems and attach some additional conditions. These conditions, combined with the above three conditions stipulated by the Supreme People's Court, will be the conditions to measure the effectiveness of rules and regulations.

Fourth,

Rules and regulations should not stipulate matters that should have been stipulated in the contract.

Rules and regulations shall be formulated unilaterally by the employing unit. Despite many procedural restrictions, employers still enjoy greater autonomy. Therefore, when judging whether the rules and regulations are legal and effective, the court often comprehensively considers the balance between the employer's autonomy and the protection of workers' rights: anything that should be determined by both parties through consultation, if unilaterally stipulated by the employer in the rules and regulations without consultation, will generally not be used as the basis for hearing the case.

How do cardholders avoid legal risks? Scan the avatar and pay attention to the QR code to understand.

How to avoid the legal risk of cooperative housing? 1. Avoid risks

For each development project, developers should try to understand the impact of uncertain factors on the development project, such as the real estate market, national policies, the introduction of relevant laws and so on. Based on the analysis of the risk factors in the process of real estate development, this paper puts forward some means to avoid the risk factors in each stage of real estate development.

Second, transfer risks.

Is to transfer all or part of the risks that may occur or have occurred in the business. Generally speaking, the main method adopted is to transfer the business projects that may have risks, or to cooperate or jointly operate the projects with operational risks with other units, so as to achieve the purpose of dispersing risks or reducing risks. However, the transfer of risks also requires a certain price, some of which are direct and some are indirect.

Third, reduce the risk of loss.

Once operational risks occur, enterprises should do everything possible to take various effective measures to reduce the losses caused by risks. When reducing business risks, the following methods are usually adopted: accurately predict the cost-income ratio of business projects and reduce unnecessary expenses in the business process; Shorten the business cycle or reduce the business scale; By signing the contract in the same way, the variables that are sensitive to profit, such as interest, development and construction cost, construction period and pre-lease and pre-sale of houses, are fixed, so as to reduce or narrow the risk.

Four, the implementation of insurance for business projects.

Implementing insurance for business projects is a better way for operators to transfer business risks. Although insurance has to pay a fee, that is, insurance premium, it is much smaller than the loss caused by the risk once it occurs. Under the condition of developed market economy, it is a widely used risk management method to transfer or reduce risks through insurance, so it is also the main method to avoid or reduce risks in modern times. The possible risks should be scientifically classified and queued; Find out the cause of the risk and its causal relationship; Take appropriate measures to identify specific risks. The main methods to identify risks are: analysis and inquiry, financial statements, flow charts, on-site observation and environmental analysis. Identifying risks is the basis and the most difficult task of risk management.

How to avoid the legal risk of buying a house under the guise? Make clear the nature of the house you bought.

If the house you want to buy is a house with policy restrictions on trading conditions, such as demolition house, resettlement house, affordable house, etc., it is best not to buy it, so as to avoid disputes, resulting in empty houses and money.

Two, the signing of the "housing contract" needs to specify who owns the house and clarify the rights and obligations of both parties.

People who buy a house in the name of borrowing money are generally actual investors. Therefore, in the contract of buying a house in the name of loan, special clauses such as "the house is purchased by both parties in the name of Party A through negotiation, and the house is purchased by Party B, and the ownership of the house belongs to Party B, which has nothing to do with Party A" should be indicated to prevent the hidden trouble from being buried for future disputes due to unclear ownership of the house.

Three, in the name of the buyer control procurement procedures and materials, keep enough evidence.

Passbooks, purchase invoices and other original investment vouchers must be properly kept. In this way, once the nominal property owner reneges on the agreement of the house purchase contract under the name of borrowing, the borrowing buyer can rely on sufficient evidence to prove that the house was bought under the name of borrowing, and the actual property right belongs to the borrowing buyer.

Fourth, stipulate strict liability for breach of contract.

In order to prevent the nominal property owner from transferring or mortgaging the house to a third party in violation of the nominal purchase contract, it is best to stipulate in the nominal purchase contract that the registered purchaser shall not transfer the house, postpone the transfer of the house, sell the house to a third party, etc. If this kind of breach of contract occurs, it is necessary to bear the corresponding liability for breach of contract. This provides a relatively adequate legal guarantee for both parties to strictly fulfill the contract of buying a house in the name of borrowing money.

How to avoid the legal risks in testamentary succession? It is more effective to handle notarized wills than ordinary wills, and notarized wills will not be invalid after being examined by notary organs.

How to avoid the legal risks of human resources? Construction of legal risk prevention system of human resources.

I. Introduction

It has been nearly two years since the Labor Contract Law was officially implemented from June 65438+1October 65438+1October 2008. During this period, laws and regulations such as Labor Dispute Mediation and Arbitration Law, Regulations on the Implementation of Labor Contract Law, Employment Promotion Law, Regulations on Employees' Paid Annual Leave and its Implementation Measures, National Holiday and Remembrance Day Holidays (Revised), Notice on Average Working Hours and Wage Conversion of Employees throughout the Year, and Rules for Arbitration and Handling of Labor and Personnel Disputes were promulgated one after another, making 2008 the year of labor legislation. In view of a series of problems in the implementation of the Labor Contract Law, Zhejiang Higher People's Court and Zhejiang Labor Dispute Arbitration Commission issued relevant guidance. Coupled with the previous company law and judicial interpretation of trade secret protection, the promulgation and implementation of this series of new laws will have a far-reaching impact on the company's human resource management and even the company's overall operation and management, which also means that the company's established human resource legal risk management model will face major adjustments.

In recent years, the protection of workers by laws and regulations has become more and more strict, and the legal awareness and self-protection awareness of workers have also been significantly enhanced. As the object of management, workers may tolerate dissatisfaction with the company in order to keep their jobs during the existence of labor relations, and once the labor relations are dissolved or terminated, they will start to attack, which is often difficult for the company to cope with. However, the change of judicial relief procedure and the reduction of the cost of workers' rights protection make the occurrence of labor dispute cases blowout. A large number of labor disputes make the company face great risks. For example, a company stipulates that the working hours are 9 hours a day and 6 days a week, and the basic salary is 1800 yuan per month. However, in the second half of 2008, affected by the financial crisis, the company decided to terminate the labor contracts of some employees, which triggered a mass incident of "hundreds of employees demanding to pay overtime up to tens of millions of yuan", and the company suddenly fell into bankruptcy.

The change of legal environment and the outbreak of labor relations contradictions all show that the lack of human resources risk management awareness and risk management system has brought great legal risks to the company's operation and management.

We believe that in human resource management, the best way for companies to solve problems is to start with daily management and nip in the bud: first, we should establish the legal risk prevention concept of "prevention in advance and process control first, supplemented by relief afterwards". Obviously, compared with relief afterwards, prevention beforehand is costly and ineffective. The remedy afterwards is often litigation or arbitration. Because the third party participates in the dispute adjudication, the cost of the third party adjudication naturally exceeds the normal management cost. Moreover, after-the-fact relief, which is mainly based on third-party rulings, has uncertain results. The high failure rate of employers in labor dispute cases also proves this fact, and even sometimes even if they win the lawsuit, they lose the cohesion of management and the company. Therefore, the post-event relief results of labor disputes often

Kill the enemy 10 thousand and lose 3 thousand. Effective prevention in advance can avoid the occurrence of legal risks and ensure the normal, sustained and healthy operation of the company. Second, the impact of the new regulations on the company's human resources management and countermeasures

The impact of a series of new regulations, such as the Labor Contract Law, on the company's human resource management can generally be divided into three levels:

First of all, the impact of the new regulations on the company's human resource management model.

In the actual operation of human resource management, some companies achieve the goal of "saving costs and maintaining the flexibility of employing people" by abusing the probation period, not signing or shortening labor contracts, and dismissing employees at will. However, in the new legal environment, it is not only unsustainable, but also becomes the source of "Wang Hai" figures in workers' interests. Therefore, establishing and perfecting the human resource management system is not only a legal requirement, but also an inevitable requirement for the company to strengthen management and standardize operation. A perfect human resource management system is the fundamental guarantee of the company's harmonious labor relations, and will also play a positive role in the company's long-term healthy development.

In view of the influence of the new regulations on the company's human resource management model, we put forward a plan to establish and optimize the company's human resource management system. Through in-depth understanding of the company's human resources management documents and status quo, we conducted a comprehensive review and evaluation of the company's human resources legal risks, and put forward corresponding countermeasures. According to the company's current situation and needs, design the optimization scheme of the company's employment mode and related contract texts, standardize and optimize the company's management system and process of employment, employment and resignation, and standardize and optimize the company's scheme management. So as to prevent the legal risks caused by the conflict between the company's human resource management model and the law to the greatest extent.

Secondly, the impact of the new regulations on the company's human resource management space.

Effective management is the guarantee of the company's rapid development, and realizing the survival of the fittest of employees is the guarantee of effective management. There are two kinds of dismissal systems in China, one is that the labor contract expires, and the other is that under certain legal conditions, the employer can unilaterally terminate the labor contract although the labor contract is not full. China's dismissal system was originally stricter and wider. The two are interactive and balanced, and the employing unit maintains certain flexibility in employing people. However, the Labor Contract Law vigorously promotes open-ended labor contracts: it stipulates that workers who have worked in an employer for ten years must sign open-ended labor contracts; When the employing unit implements the labor contract system for the first time or the state-owned company is restructured and re-concludes the labor contract, employees who have worked continuously in the employing unit for ten years and are less than ten years away from the statutory retirement age must sign an open-ended labor contract; If a fixed-term labor contract has been concluded for two consecutive times, and the employee does not meet the circumstances specified in Items 1 and 2 of Article 39 and Article 40 of this Law, when renewing the labor contract, an open-ended labor contract shall be concluded as long as the employee proposes or agrees to renew the conclusion of the labor contract; If the employer fails to conclude a written labor contract with the employee within one year from the date of employment, it shall be deemed that the employer has concluded an open-ended labor contract with the employee. This makes employers have to face the problem of signing a large number of open-ended labor contracts. The main drawback of open-ended labor contract is that it is difficult to manage, which is in the same strain as it is difficult to dismiss. Dismissal is the ultimate tool in company management, and the failure of this tool will lead to the failure of all other management tools. The two-way tightening of dissolution and termination in the new regulations will inevitably lead to the solidification of labor relations, thus making the company lose its due vitality.

In view of the above situation, the company needs to establish a sound and effective system from many aspects to find the management space of human resources:

( 1)

According to the company's characteristics and post setting, design and optimize the employment system, and control the legal risks of human resources by outsourcing or labor dispatch for some non-critical positions. To adopt a new employment mode, we need to fully understand its advantages and disadvantages and effectively control its legal risks;

(2)

Design an effective salary and performance management system to ensure the flexibility of employing people. Salary and dismissal are two means to realize management. Flexible dismissal system can be matched with simple salary system, while the solidification of labor relations requires flexible salary system to find back the management space of the company. The importance of salary performance system under the new rule system is unprecedented, and ensuring its legitimacy is the basic element to realize the effectiveness of salary performance system;

(3)

Improve the rules and regulations and safeguard the legitimate rights and interests of the company. The failure of the Regulations on Reward and Punishment of Enterprise Employees has made the company's rules and regulations a sword for enterprises to safeguard their rights. Failure to make good use of them will lead to the inaction of the company's management when the company's interests are damaged, thus damaging the interests of most workers. Therefore, it is necessary to formulate standardized rules and regulations and ensure their effectiveness.

Third, the impact of the new regulations on the company's talent retention mechanism.

The competition of modern companies is essentially the competition of talents. The company's human capital, which consists of core technology R&D personnel, marketing personnel and senior managers, is the source of the company's core competitiveness and the key factor of the company's sustainable development. It can be said that companies without high-quality talents are uncompetitive companies, and companies without high-quality talents have no future. High-quality professionals and management talents are the most scarce resources of any company. How to attract the right talents and how to retain the core talents of the company has become an important problem faced by many company leaders. The new regulations fully guarantee the freedom of workers to resign, and the use of liquidated damages is strictly restricted. Some traditional ways of retaining employees in the company will no longer be effective, which is also the biggest and longest influence of the Labor Contract Law on the company's development.

In view of this, the company's talent retention mechanism needs to be adjusted accordingly, and we have designed two schemes: binding retention and incentive retention.

Option 1: Restrict the retention of personnel:

( 1)

Make full use of the agreed service period and liquidated damages of professional and technical training, and formulate an effective training system and training agreement;

(2)

Strengthen trade secret protection and non-competition restrictions. As the intangible assets of the company, trade secrets can not only bring considerable economic benefits to the company, but also enable the company to gain a competitive advantage in the market. The loss of core employees often leads to the disclosure of trade secrets. Competing companies also adopt the method of poaching people to obtain competitors' business secrets. The company must build a strict and standardized trade secret protection system, improve the awareness of trade secret protection within the company, ensure the realization of rights in the process of judicial relief afterwards, and effectively prevent the heavy losses and legal risks caused by trade secret infringement and the loss of core employees.

Option 2, incentives to retain talents:

( 1)

Special treatment system: adjust the way of binding special treatment with service period in the past, and change the application of special treatment from labor law to civil law to ensure its effectiveness;

(2)

In addition to the traditional salary scheme, the long-term incentive scheme is implemented for human capital: among all the long-term incentive schemes, equity incentive can undoubtedly fully reflect the property value of human capital and effectively reduce the management cost and moral hazard of human capital.

Third, launch human resources legal service products.

In view of the impact of the new regulations on human resources management at all levels, Zhejiang Jindao Law Firm has launched a series of human resources legal service products according to the company's needs to help the company solve all-round human resources legal problems. The products mainly include:

( 1)

Perennial legal adviser of human resources;

(2) Building a human resource risk prevention system;

(3) Design and implementation of the company's layoff plan;

(4)

Design and implementation of the company's equity incentive scheme;

(5) The scheme design of the company's salary system;

(6) Customize the employee's business secret protection scheme;

(7)

Design and implementation of labor dispatch scheme;

(8) Customization of labor and personnel management plan in company restructuring, merger and reorganization;

(9)

Background investigation on human resources of major projects.

In a word, the construction of the legal risk prevention system of human resources in the company is a systematic project, which requires the overall arrangement of external lawyers and the internal human resources department of the company, the great attention of the management of the company and the mutual cooperation of all relevant departments of the company. Only when all departments of the company work together can the legal risks of human resources of the company be effectively controlled, providing a strong human resources guarantee for the company's sustained and efficient growth, and then maximizing the company's interests.

How do bank counter staff avoid legal risks in their business? 03 bank training course-background of legal risk prevention of bank counter operation

Counter business risk refers to the risk of bank outlets handling account fees, cash deposits and withdrawals, payment and settlement for customers due to wind.

The risk of bank or customer's capital loss caused by insurance control failure is the main field of bank operational risk. At present, state-owned commercial banks

Among the operational risks faced after the completion of the share reform and listing, the operational risk of counter business is a very important aspect. 107 occurred in a bank of 10.

In economic cases, counter business is basically involved. If the operational risk of counter business is not well controlled, it may bring reputation impact and management impact.

And development impact. Therefore, it is urgent to explore and effectively manage the risks of bank counter business. Xiamen southeast yintonggui

Effectively evade and ensure business safety.

Train counter staff and accountants of the target bank.

The training time is 1 day.

Introduction to training methods, teaching, case analysis, group discussion, and testing course outline: Bahrain Bank: Li Sen, a trader, incredibly still doesn't have the money when his balance sheet shows 50 million pounds.

Arouse the vigilance of internal executives ... Overview: operational risk: the risk of losses caused by imperfect internal procedures, personnel and systems or failures or external events.

Characteristics of operational risk: personnel factors, process factors, system factors and external events.

Operational risk prone point

Article 13 Operational risks are divided into three parts: Part I: Legal risk prevention in deposit business.

I. Savings deposits

Second, the unit deposit

The second lecture: legal risk prevention of settlement business

1. Risks in exchange

2. Legal issues in bill of exchange business

3. Legal issues in promissory note business

4. Legal issues in cheque business

5. Blank bill management

6. Legal issues in entrusted collection business

7. Legal issues in collection and acceptance

8. Legal Issues in Electronic Remittance

The third lecture: legal risk prevention of intermediary business

Fourth lecture: legal risk prevention of bank card business

Fifth lecture: legal risk prevention of electronic banking business

Lecture 6: legal risk prevention of wealth management business Lecture 7: legal risk prevention of anti-money laundering

How do investment companies avoid legal risks? First, for a limited company, shareholders are only responsible for its capital contribution;

Second, because the other party is the legal representative and the capital contribution is 90%, you need to restrict the use of funds, financial management and supervision of company affairs through the company's articles of association; Third, the company's articles of association, as the "law" of the company's content, are conducive to binding the authority of the legal representative. It is suggested to entrust a lawyer to draft relevant provisions to safeguard their own rights and interests.

How to avoid the legal risk of tax planning and how to avoid the tax risk of enterprises?

The first is to correctly understand tax planning, firmly establish risk awareness and establish risk control mechanism.

The second is to grasp the changes of tax law in time and correctly understand the spirit of tax policy. Taxpayers must have the necessary legal knowledge and financial knowledge, and understand and master tax laws and regulations under the legal premise. In tax planning, we should not only understand the legal effect or security of various decisions caused by the different application of existing laws, but also pay attention to the changes of tax laws, adjust tax planning schemes in time, and make tax planning constantly adapt to the new tax policy requirements in order to achieve the expected results.

The third is to implement effective tax planning to control and eliminate potential risks. The purpose of enterprise planning is to reduce tax burden, but the reduction of tax burden is based on the overall income growth of enterprises. At least paying taxes is not necessarily the biggest profit. Enterprise tax planning should be comprehensively analyzed, combined with its own business, and the best scheme should be selected on the premise of increasing profits and smooth operation.

You still don't understand. You can listen to the recent corporate tax planning course of the president class of Jida University, which should be helpful!