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How to write a good employment declaration for employees and avoid employment risks?
First, the entry procedures for new employees must be strictly controlled. According to the actual position of recruitment, what information does new employees need to provide? Different positions require different entry procedures for new employees, and some positions need to provide employment certificates, such as accountants need accounting certificates and drivers need driver's licenses. Many enterprises in the science and technology industry have strict requirements for academic qualifications, and positions with requirements for academic qualifications and diplomas need to be verified and can be found online. Some special industries, involving technical confidentiality, require new employees to sign confidentiality agreements. In order to avoid unnecessary troubles and legal disputes, new employees should be required to provide separation certificates when they join the company. If you don't go through this procedure, if you hire employees or core personnel who have not left your job, it will bring unnecessary troubles and legal disputes. A complete resignation certificate can legally protect the legitimate rights and interests of workers and employers, and also prove that workers have terminated their labor relations with their original units from another aspect; Employees are not prohibited from leaving their jobs; There is no violation of the rights and interests of other employers when hiring this employee. Therefore, compared with the letter of commitment, the certificate of resignation has more legal effect in protecting the employer.
Second, when signing labor contracts with new employees, we must strictly abide by the provisions of relevant national laws and regulations and effectively avoid the legal risks of employment. Signing a labor contract with new employees is an indispensable and important link, which is a kind of legal protection for workers and enterprises, and the date of signing the labor contract should be the entry date, otherwise once the employee arbitrates, the company needs to compensate double wages during the period when the contract is not signed. What HR needs to do is to know the relevant provisions of the labor contract law in detail and implement them in accordance with the relevant provisions of the labor contract law. They should not make their own decisions, otherwise it will bring unnecessary troubles and legal disputes to enterprises. With the development of economy and society, the legal awareness of workers is enhanced, and HR people also need to keep pace with the times, study relevant laws and regulations hard, and cultivate their ability to deal with labor relations. Workers can use legal weapons to safeguard their rights and interests, and enterprises can also use legal weapons to safeguard their rights and interests.
Third, standardize the provisions of the probation period for new employees and avoid the legal risks of the probation period for new employees. Under normal circumstances, most companies have a probation period, which leaves room for workers and employers to choose from each other. During the probation period, workers can examine whether the enterprise is suitable, and the employer can judge whether the new employee can be used by the enterprise through observation during this period. In terms of probation period, employers have different regulations. Some companies stipulate that employees have a probation period of 3 months and 6 to 8 days of training after joining the company. After passing the training, you can officially take up your post. During the training, they are paid. The training is unqualified and there is no salary during the training period. This is a legal risk for enterprises, because according to the relevant regulations, even employees who fail to train will be paid. Some companies also stipulate that contracts can only be signed after the probation period, but the problem is that employees can apply for double pay within one year. Some companies stipulate that social security can only be purchased for enterprises after the probation period, and once employees report this matter to enterprises, enterprises not only have to pay social security, but also have late payment fees. The Labor Law clearly stipulates that if the term of the labor contract is less than 1 year for more than 3 months, the probation period shall not exceed 1 month; If the term of the labor contract is more than one year but less than three years, the probation period shall not exceed two months; The probation period of a labor contract with a fixed term of more than 3 years or without a fixed term shall not exceed 6 months.
Fourth, improve the management system of new employees and strengthen the management of new employees from the system. In order to better manage new employees, HR should establish and improve the management system of new employees according to the actual situation of the enterprise, and make clear the purpose, scope of application, workflow, induction training, probation period and conditions for employees to become full employees. , so that new employees can smoothly integrate into the existing organizational structure and corporate culture atmosphere, eliminate the strangeness to the new environment, and make them enter the working state as soon as possible. Once the enterprise system is formulated, it must be strictly implemented. The management system of new employees should be as detailed as possible, and the procedures and contents before, during and after employment should be informed to new employees. At the same time, we should strengthen the training of new employees. Job skills, enterprise culture, enterprise management system and personnel structure can all be the contents of new employee training.
In order to make new employees adapt to the enterprise environment as soon as possible, HR people need to do detailed work. When a new employee comes to work in the company on the first day, he should arrange a simple and warm welcome activity to make the new employee feel that he has been welcomed in the company from the beginning and is an important member of the company, not an ordinary member. The more standardized and formal the entry procedures for new employees, the more they can arouse their sense of honor and belonging, and convey two important messages to new employees: welcome to join the company, which is a correct decision; Your joining has injected fresh blood into the company.
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