What legal risks exist in corporate human resources management?

The legal risks of corporate human resources management are mainly reflected in labor management and labor security. From the recruitment of employees, signing of labor contracts, social insurance, and termination of labor contracts, there are state-related labor laws. Constraints by laws and regulations, strictly regulating corporate behavior in accordance with the law, and strictly performing relevant procedures in accordance with the law can significantly reduce labor disputes and successfully avoid legal risks. Only when enterprises implement labor management in accordance with the law, safeguard the legitimate rights and interests of workers in accordance with the law, and effectively reduce human resources legal risks can the enterprise's labor rights and interests be fundamentally protected. The CEO editor has compiled 12 common legal risks and control strategies in corporate human resources management. Due to the length of the article, it is divided into part one and part two. Today I will share with you the six major legal risks in the part one.

Risk point 1: Legal risks of recruiting workers whose labor contracts have not been terminated

When recruiting employees, enterprises should implement certain procedures to prevent the recruitment of workers whose labor contracts have not been terminated, or Employees who have the obligation to perform non-competition agreements shall bear joint and several liability for compensation. According to regulations, except that workers engaged in part-time work can establish labor relations with one or more employers, workers engaged in full-time work are not allowed to establish dual labor relations. To this end, enterprises should take effective measures to prevent joint liability for compensation due to the recruitment of workers whose labor contracts have not been terminated, and to protect the enterprise's labor rights and interests.

(1) Article 99 of the "Labor Law of the People's Republic of China" stipulates: "If an employer recruits workers whose labor contracts have not been terminated and causes economic losses to the original employer, The employer shall be jointly and severally liable for compensation in accordance with the law."

(2) Article 6 of the "Compensation Measures for Violation of the Labor Contract Provisions of the Labor Law": "The employer recruits workers whose labor contracts have not been terminated. If the employee causes economic losses to the original employer, in addition to the direct liability of the employee, the employer shall bear joint and several liability for compensation, and its share of joint compensation shall not be less than 70% of the total economic losses caused to the original employer. . ”

When an enterprise recruits employees, except for new workers, it must check their written proof of termination or rescission of the labor contract before they can sign a labor contract and establish a labor relationship.

Risk point 2: The legal risk of the recruited employee violating the confidentiality and non-compete agreement with the original unit

At present, quite a few companies have high requirements for some knowledge-based, technical and marketing-based employees. Supervisors all agree on confidentiality of trade secrets or non-competition clauses in their employment contracts. When recruiting employees, employers should strictly examine such employees to accurately confirm that they are not responsible for keeping trade secrets and non-competition clauses with the original unit. Only after they have fulfilled their obligations can they sign a labor contract.

At the same time, companies must carefully review the relevant business information and technical information provided by new employees during their work. According to the "Measures for Compensation for Violations of Relevant Labor Contract Provisions of the Labor Law", an enterprise shall be liable for compensation for economic losses caused to the original employer due to the acquisition of trade secrets. Among them, the losses of the infringed operator are difficult to calculate, and the amount of compensation It shall be the profits gained by the infringer during the period of infringement, and shall bear the reasonable expenses paid by the infringed operator for investigating the operator’s unfair competition behavior that infringes upon its legitimate rights and interests.