How do you plan to prevent legal risks in the recruitment process?

The legal risk in the recruitment stage of a company mainly includes four risk nodes: illegal recruitment information risk, irregular communication risk, registration information risk and background investigation legal risk.

First, the illegal risk of recruitment information

The legal risk in the recruitment stage of employers is often considered that the recruitment content of enterprises discriminates against women and patients with certain diseases. In fact, even if many employers don't consider legal risks, they rarely directly involve the above contents in job advertisements because they need to establish a positive social image.

(1) Legal risks involved in basic information. The recruitment information released by the employer often involves the publicity of the unit. If the relevant publicity information is suspected of violating the law, on the one hand, it will affect the positive image of the employer; On the other hand, it may be subject to administrative punishment.

(2) The risk of employee treatment terms. Fictitious employee treatment is actually an illegal act of fraudulent recruitment. Once the recruitment information of an employer is released, it is often out of its control. Workers have the right to ask the employer to honor the relevant commitments according to the treatment announced in the recruitment information.

(3) Risk of recruitment conditions. Compliance and reasonable design of recruitment conditions means that employers should consider the actual employment situation when designing recruitment conditions, and the recruitment conditions should be consistent with the actual employment subjects.

Second, the risk of irregular communication and its prevention

The legal risks of the personnel work of the employing unit are directly communicated with the candidates through the company mail system, and the contents of the mail exchanges between the two parties can be submitted to the court as evidence. The legal affairs department should prompt the personnel department to communicate the legal risks that may be involved in the above methods.

Avoidance scheme: 1. From the perspective of evidence relevance, the employer can communicate with the applicant through the mailbox other than the company mailbox by isolating risks, and it is not recommended that the employer directly communicate with the employees through the company mailbox system before joining the company. 2. It is clearly stated in the email sent to the candidates: "All rights and obligations involved in this email shall be subject to the labor contract signed by both parties or the relevant attachment documents confirmed."

legal ground

Article 22 of the Civil Procedure Law of People's Republic of China (PRC): The following civil actions shall be under the jurisdiction of the people's court of the plaintiff's domicile: If the plaintiff's domicile is inconsistent with his habitual residence, the people's court of the plaintiff's habitual residence shall have jurisdiction over: (1) a lawsuit concerning identity relations brought against a person who does not live in the territory of People's Republic of China (PRC); (2) an identity relationship lawsuit filed against a person whose whereabouts are unknown or who is declared missing; (3) A lawsuit against the person who has taken compulsory education measures; (4) Proceedings against prisoners.