What are the job requirements?

How does the employer formulate the employment conditions and how does the employer publicize the employment conditions?

1. How do enterprises and employers formulate employment conditions?

A common condition for dissolving a labor contract during probation period is that an employee is proved to be unqualified for employment during probation period. Therefore, if enterprises want to use this legal provision to safeguard their rights and interests, they must make specific and clear provisions on employment conditions when recruiting. Employment conditions must be clear and specific.

"Employment conditions" should be a combination of gender and personality. The so-called "* * *" is the basic condition that all employees should have. For example, being honest and trustworthy, telling your job-related information truthfully when applying for a job, including your education, physical condition, work experience and so on. The so-called "personality" means that every enterprise, every post or position has its own special requirements. Some have academic qualifications, corresponding certificates, and some have technical requirements, such as job description and so on. The uniqueness of "employment conditions" can be clarified through rules and regulations, and the individuality of "employment conditions" can be clarified through labor contracts and separate agreements.

Second, how does the employer publicize the employment conditions?

The employer must also publicize the employment conditions in advance. Publicity, simply put, is to let employees know the employment conditions of the employer; From the legal point of view, it means that the employer has evidence to prove that the employees know the employment situation of the unit. Then how to publicize it? There are the following methods:

1. Publicize through the recruitment announcement and fix it in a certain way to reserve evidence for litigation;

2. Express the employment conditions to employees when recruiting, and ask employees to sign for confirmation;

3. Before establishing labor relations, express the employment conditions to employees by sending employment letters and ask them to sign for confirmation;

4. The employment conditions are clearly stipulated in the labor contract or do not meet the employment conditions.

Ii. how to formulate the employment conditions that meet the recruitment requirements of enterprises?

As the main basis of probation assessment, employment conditions are closely related to specific positions, and changes in positions will inevitably make employment conditions different. The employment conditions of specific positions should also vary from person to person. Because everyone's situation and conditions are different, the determination of labor relations itself is the result of consensus between workers and employers. Different candidates have different treatment, of course, different employment conditions can also be formulated.

In the process of formulating employment conditions, human resource management should pay attention to avoiding vague expressions such as "obeying the arrangement of the employer" and choosing quantitative employment conditions. As a basic requirement for workers, fuzzy expression is no problem, but under specific circumstances, it loses the significance of assessment because of the lack of quantitative standards.

First, the employment conditions should include qualifications, working ability and professional ethics, that is, "doing things as a person".

Qualifications include but are not limited to academic degree, work experience, technical title or qualification, foreign language level, etc. Working ability condition refers to the ability to complete work tasks during the probation period, which can be set from both qualitative and quantitative aspects; There is no need to explain the conditions of professional ethics. A person's moral quality is often more important than his ability to work. Niu Gensheng, the former president of Mengniu Group, has a very incisive opinion: "Morality and talent, abnormality and reuse; Have virtue but no talent, cultivate and use it; Talent without virtue, restricted use; No talent, no virtue, and resolutely use it. "

2. Employment conditions include objective conditions and subjective conditions. For example, qualification conditions are basically objective conditions, professional ethics conditions are basically subjective judgments, and work ability conditions are somewhere in between. When formulating employment conditions, we should quantify subjective conditions such as "strong work ability and high work enthusiasm" as far as possible, and replace them with evaluable elements, which is consistent with performance appraisal. At the same time, if it is impossible to directly evaluate or judge whether it is qualified, reference standards or calculation methods should be stipulated to facilitate rule-based evaluation.

Third, in the actual human resource management, the situation is often complicated, and employers need to formulate different employment conditions according to their own specific conditions. Set certain conditions as employment conditions. Those who do not meet the conditions can terminate the labor contract according to the law, without bearing legal risks and economic compensation or compensation.

Of course, because the responsibilities and requirements of each position are far from each other, employers can classify them when formulating employment conditions. For ordinary employees, general employment conditions can be formulated, focusing on entry procedures, compliance with rules and discipline, and completion of their own work.

For employees with performance appraisal requirements, performance appraisal standards can be improved; For employees with management functions, such as department heads, team building and department performance can be added as employment conditions. No matter what kind of employees, the employment conditions should be quantified or easy to judge, and vague or ambiguous oral expressions will only bring endless troubles and risks to future management.

Ⅲ. Are "employment conditions" and "job responsibilities" the same thing?

Employment conditions are the ultimate standard for employers to recruit and employ workers, and are the basis for employers to inspect workers during the probation period.

Job responsibilities refer to the job content required by a post and the scope of responsibilities that should be undertaken.

4. How does the employer define the employment conditions?

During the probation period, if the employer and the employee have not agreed on the employment conditions, can the employer terminate the labor contract on the grounds of the basic requirements of the employee's post?

Generally speaking, employers will clearly stipulate the employment conditions when recruiting employees. If an employee does not meet the employment conditions during the probation period, the unit may terminate the labor contract. This is the legal right given to the employer by law. The law not only gives the unit the right, but also makes the unit undertake the obligation to prove that the employee does not meet the employment conditions. The special feature of this case is that there is no relevant agreement on the employment conditions when the unit recruits. Therefore, the unit can't directly prove whether Ms. Li meets the employment conditions, and can only conclude that Ms. Li does not meet the basic requirements of the position. The basic requirements of these positions, whether listed or not, should belong to the necessary conditions of such positions. As long as the employee is proved not to meet these conditions during the probation period, it is regarded as not meeting the employment conditions and can be unilaterally terminated by the employer.

How to define "unqualified employment conditions" and "unqualified post conditions" in labor contracts?

When you decide to hire a person, you should carefully check the employment conditions. If you hire an employee, it is equivalent to acknowledging that the other person is "qualified".

If you are not qualified for this position, it is best to sign a job description with the other party, clearly telling the other party what labor achievements, achievements, tasks, etc. It should be achieved within the probation period, and it should be clear which conditions are up to standard. And in accordance with the requirements of the job description, assessment.

For example, during the probation period, the other party is required to complete the sales task, thus achieving 80% of the sales target. Then let's see if we have completed 80% of the sales tasks.

For example, if a system is completed, it can be agreed that the first draft of the system has been completed. Or has the promulgation and implementation of the system been completed?

For example, the registration of a new company is completed by obtaining a business license. Then you have to check according to the agreement. As long as the company can't complete the task, then the workers are not up to standard.

For example, unless you are sick or injured during the probation period, you must not be absent for more than 1 day (guaranteed service time), then 1 day is the assessment standard.

So the best things have been written, and the signature confirmation has been discussed with the other party, which will be the basis for assessment in the future. Can be supported by the law.

ⅵ How to prove that the probation period does not meet the employment conditions?

During the probation period, employees can understand the employment conditions in the following ways. If the employee does not meet the employment conditions, it can be proved that:

1. For some positions, there are generally detailed job qualification descriptions, which can be confirmed by recruitment announcements and website information.

2. For employee recruitment, it is generally necessary for employees to fill out an application form, so enterprises can print the basic employment conditions of positions on the form, which requires employees to sign for confirmation.

3. For some standardized companies, employment letters will be issued to employees, so the employment letters will basically stipulate clear job responsibilities and employment conditions.

4. After employees join the company, there is usually a job description, which requires employees to sign or conduct training to ensure that employees know.

5. In the labor contract, we should also try to agree on the employment conditions and the handling clauses that are found to be unqualified to avoid disputes in the future.

6. Employees who have completed the probation period must be assessed in time to confirm whether the employees meet the employment conditions. For employees who do not meet the employment conditions, they should promptly send a written letter to the employees who do not meet the employment conditions to terminate the labor contract, explain the reasons and ensure the receipt.

ⅶ What is the function of setting employment conditions for enterprises and how to set employment conditions for enterprises?

As an enterprise, when formulating its own employment conditions, it should consider the following points:

1, whether it meets the job description requirements of the recruitment position.

2, academic information, work experience and other employment registration information is true.

3. Whether you are healthy enough for this position (a physical examination will generally be arranged).

4. Refer to the provisions of the Labor Contract Law.

Article 39 The employing unit may terminate the labor contract under any of the following circumstances:

(a) during the probation period, it is proved that it does not meet the employment conditions;

(two) a serious violation of the rules and regulations of the employer;

(three) serious dereliction of duty, corruption, causing great damage to the employer;

(4) The laborer establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the unit, or the employer refuses to correct it;

(5) The labor contract is invalid due to the circumstances specified in Item 1 of Paragraph 1 of Article 26 of this Law;

(6) Being investigated for criminal responsibility according to law.

Article 40 Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an extra month's salary:

(1) The employee is sick or injured non-work-related, and cannot engage in the original job or other jobs arranged by the employer after the prescribed medical treatment period expires;

(two) the laborer is not competent for the job, and he is still not competent for the job after training or adjusting his post;

8. What are the employment conditions for the post 1 1- 13 in public institutions?

Institutions 13 posts are professional and technical posts, which are the lowest posts. You can arrange it when you have a unit.

12 post can be hired after 13 post becomes regular and graded.

1 1 level positions are assistant positions, and professional and technical qualification certificates must be obtained. Vacancies can be arranged in the unit.

1 1 and above must obtain the professional and technical qualification certificate, and after working in a lower position for a certain number of years (generally more than three years), it is generally necessary to have a college degree or above before promotion.

Nine, how to formulate the employment conditions of the probation period?

In terms of time, does it refer to the notice at the time of recruitment or the terms agreed in the contract? From the form of expression, does it mean that the two parties clearly agree in writing, or does it conform to the practice of the employer? From the source of the text, is it based on the recruitment conditions in the recruitment notice, the company's regulations or the job description in the labor contract?

From the legal point of view, the standards and principles of "employment conditions" are not clearly defined. Therefore, in a sense, how to determine the "employment conditions" of employees should be determined by employers according to their own actual conditions within the scope permitted by law. Generally speaking, the professional qualities or skills that employees must have when applying for a job are the "employment conditions" that employees should meet when applying for a job. When the company dismissed its employees on the grounds of "not meeting the employment conditions", it should have clearly informed the employees of the specific contents of the "employment conditions" of the post before this. Otherwise, this reason will be difficult to establish.

1. The employment conditions are not clear, causing disputes.

A hotel originally planned to recruit only three foremen, and the employment conditions included "good looks, hard work and thoughtful service" and so on. But in the end, due to too many applicants, there were only five people left. The hotel decided to sign a three-month probation contract with all five of them. At the end of the probation period, those who do not meet the employment conditions will be dismissed. However, at the end of the probation period, the two unsuccessful candidates resolutely refused to terminate the labor relationship, and both proposed that the original employment conditions of the hotel were: "good looks, hard work and thoughtful service". We go out early and come back late every day, our legs and feet are swollen, and we treat our customers as relatives. Isn't it enough to "work hard and serve well" Finally, between the two parties, the three-month probation period has passed. According to the law and contract, if the hotel can't prove that the probationary employees don't meet the employment conditions, it should give them corresponding economic compensation instead of dissolving the employment relationship. In the above case, the hotel finally paid a few months' salary and finally sent people away. Because of this, hotels are really laborious and expensive.

It is not difficult to see from this case that for employees, once the unit puts forward that they do not meet the employment conditions, they may wish to quietly re-examine whether the company's "employment conditions" can be easily operated and whether they can be properly "seated"; See if the company has made a detailed description of its job functions and requirements; Does the company have an objective record and evaluation of the performance during the probation period? If not, then you can ask the company to provide relevant evidence that you are "not qualified for employment". If there is no evidence or insufficient evidence, the employer cannot dismiss the employee on this ground. -or even if you accept the dismissal of the company, you can ask the company to pay the corresponding economic compensation.

2. After the probation period expires, can I terminate the labor contract on the grounds that I do not meet the employment conditions?

In April 2004, Wang signed a five-year labor contract with an enterprise, with a probation period of six months. On June 5438+ 10, 2005, Wang was hospitalized. The employer terminates the labor contract with Wang on the grounds that Wang does not meet the employment conditions. At the same time, he did not bear the medical expenses of Wang, nor did he give relevant sick leave treatment. Wang refused to accept, and filed an arbitration application with the local labor dispute arbitration committee in February 2005. ?

In the above cases, the company's practice is obviously illegal. No matter according to the provisions of the Labor Law or the Labor Contract Law, if an enterprise terminates the labor contract with its employees on the grounds of "not meeting the employment conditions", it must put forward it during the probation period. In other words, this reason can only be put forward during the probation period. If the employee's probation period has expired and it is found that the employee can't complete the work according to the predetermined employment conditions and standards, he can only be trained according to the situation of "incompetence" or incompetence after transfer, and then the labor contract is terminated; And should pay the corresponding economic compensation. Well,

The general office of the Ministry of Labor has made it clear in the reply to the Sichuan Provincial Department of Labor's "Request for Instructions on How to Identify Workers Who Do Not Meet the Employment Conditions during the Probation Period and Can Dissolve the Labor Contract": "Enterprises can dissolve the labor contract for workers who do not meet the employment conditions during the probation period; If the probation period is exceeded, the enterprise cannot terminate the labor contract on the grounds that it does not meet the employment conditions during the probation period. "

In other words, if the enterprise still terminates the labor contract with the employee on the grounds of "not meeting the employment conditions" after the probation period expires, it can only make people doubt its legal obligation to evade economic compensation. In this case, the labor contract signed by Wang and the enterprise stipulated that the probation period was 6 months, but in fact Wang had worked for 9 months and the probation period had passed. At this time, the enterprise is not allowed to request to terminate the labor contract with him on the grounds that it does not meet the employment conditions. According to the law, the employer may not terminate the labor contract with the employee during his illness. On the other hand, according to the regulations on the medical treatment period of enterprise employees who are sick or injured at work: "If enterprise employees need to stop working for medical treatment due to illness or injury at work, they will be given a medical treatment period of 3 months to 24 months according to their actual working years in this unit" and "sick leave pay, and the illness relief and medical treatment of enterprise employees during the medical treatment period will be implemented according to relevant regulations". The company can not only "fail to meet the employment conditions", but Wang will still not be able to take up his original job after the medical treatment expires.