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What are the recruitment conditions?
1, different premises. The employment conditions can be determined by the employer unilaterally, but they must be confirmed by both the employer and the employee.
2. Different stages of application. Recruitment conditions generally apply to the recruitment stage, and employment conditions only apply to the probation stage.
3. The content is different. The recruitment conditions can be relatively simple to attract more job seekers to the employer for interviews. The employment conditions are as strict and perfect as possible, mainly focusing on the assessment of ability, which is more operable.
4. The legal nature is different. The recruitment condition is only to set the initial qualifications for recruiting and hiring employees. Employment conditions are the ultimate standard for employers to recruit and employ employees. If the employee does not meet the employment conditions during the probation period, the employer has the right to dismiss him.
My understanding is that the employment conditions are the conditions for the company to recruit employees to come back for trial, which is more objective; The qualification condition is that the probation period is about to expire, and the company will comprehensively evaluate the employees according to the requirements of the employment conditions, which is subjective. Satisfying employment conditions does not necessarily lead to full employment, but satisfying employment conditions is the premise of full employment.
However, this distinction is only of theoretical significance. Whether it is the employment conditions or the employment conditions, it is the standard to measure whether the performance of employees meets the requirements of the company.
Another expert's explanation
There are obvious differences and overlaps between recruitment conditions and employment conditions, but they are not the same thing.
1) Recruitment conditions are the basic qualification requirements for employers to select workers when recruiting, and even the basic threshold for screening the first resume. It is set for unspecified candidates, which belongs to invitation to offer, and is only the basis for inspecting and screening candidates during recruitment.
2) The employment conditions are the final conditions for the employer to determine the workers to be employed, and belong to the offer. Once an agreement is reached with the laborer, it will become the basis for the examination of the probation period.
3) Recruitment conditions appear in recruitment advertisements, and employment conditions generally appear in the form of labor contract terms.
4) The recruitment conditions cannot replace the employment conditions, and the labor contract cannot be terminated on the grounds that it does not meet the recruitment conditions.
Set the employment conditions scientifically, and pay attention to retaining evidence whether it meets the employment conditions.
After the probation period, many employers inform employees not to go to work when they find that they do not meet the employment conditions, but they are often prosecuted, and some are even sentenced to bear the responsibility.
How should the employer set the employment conditions for the probationary employees in order to effectively prevent legal risks? In practice, it depends on the specific operation, management measures and practices of each unit. Generally speaking, relevant employment requirements, such as age, education background, work experience, post qualification certificate, training experience, health status, whether or not you have been subjected to criminal punishment, etc., can be listed in recruitment notices, personal information forms, labor contracts and rules and regulations. Specifically, we can explain the employment conditions to employees from the following aspects:
1, if it is publicized through the recruitment announcement, the publicity content shall be fixed in a certain way so as to preserve evidence for litigation; If the employment conditions are clearly stated to the employees at the time of recruitment, they may be required to sign for confirmation. If the recruitment information is published through the media, the recruitment conditions shall be published and saved at the same time; For self-recruitment, detailed recruitment conditions shall be formulated, which shall be read and signed by the recruited employees.
2. Before the establishment of labor relations, if the employment conditions are clearly defined in the employment notice or letter, employees need to sign for confirmation.
3. Establish a job description system as an attachment to the labor contract, or directly define the responsibilities of employees in the labor contract. In addition to clearly stipulating "meeting the post requirements" in the employment conditions, enterprises should also improve the job description system to cooperate with it and quantify the standards for operation.
After informing the employee of the employment conditions, the employee shall be assessed and judged during the probation period to determine whether he meets the employment conditions. How to evaluate? Several problems that should be paid attention to in practice. First, the employment conditions should be operable, otherwise the assessment can not be carried out; Second, employees in probation period should pay attention to inspection at any time according to the employment conditions at work and make records; Third, after proving that the employee does not meet the employment conditions, the labor contract should be terminated during the probation period, not after the expiration of the probation period. Otherwise, it may bring trouble to terminate the contract after the probation period.
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