What are the precautions in recruitment?

What problems should we pay attention to when recruiting employees?

The "Labor Contract Law" puts forward higher requirements for employers to recruit employees. Article 39 of the Law stipulates that if a worker is proved to be unqualified for employment during the probation period, the employer may terminate the labor contract. At the same time, however, Article 2 1 stipulates that if the employer terminates the labor contract during the probation period, it shall explain the reasons to the employee. The reason given here is to prove that the employee does not meet the employment conditions of the employer. Specifically, employers should pay attention to the following matters when recruiting employees.

First of all, the following aspects should be done in the specific writing of recruitment inspiration:

1, if accurate. Can't be ambiguous, ambiguous. If some units write "with a certain degree of education" in the recruitment notice, it is not clear whether it is high school or university, and disputes will easily arise in the future.

2. The content is detailed. Employment conditions can be divided into rigid conditions and elastic conditions. For example, a high school education or a third-class mechanic is required, which are hard conditions and can be seen at a glance. Others, such as personal qualities, civilized manners, sense of responsibility, diligence, loyalty to enterprises, etc. , it may require the enterprise to pass a certain evaluation before reaching a conclusion.

3. The content is legal and does not contain discriminatory content. Some units wrote the words "you can drink" and "you can dance with customers" in the recruitment notices, while others contained obvious discriminatory contents, such as gender discrimination, height discrimination, ethnic discrimination, and not recruiting "hepatitis B carriers", which obviously did not comply with the law.

It has been clearly told. The employment conditions set by the employer must be informed before the law takes effect. Therefore, employers should pay special attention to retaining job advertisements or writing employment conditions and notification contents into labor contracts for future reference.

Second, the candidates need to review matters

1, information such as identity, education, qualifications and work experience is true.

According to Article 28 of the Labor Contract Law, even if the labor contract is invalid due to employee fraud, the employer shall pay labor remuneration.

Article 8. The employer has the right to know the basic information directly related to the labor contract, and the employee shall truthfully explain it. Note that this refers to the basic situation of "directly related to the labor contract", and the employer has no right to know the situation unrelated to the labor contract.

2. Whether there are potential diseases and physical defects.

It is suggested that enterprises should conduct necessary physical examination on employees before formally hiring them to see if their physical condition is suitable for the job they are applying for. Employers should not feel bad about 100 yuan medical examination fee, which is an effective guarantee for enterprises to reduce unnecessary expenses. Article 40 of the Labor Contract Law stipulates that the employer shall not terminate the labor contract if the employee is sick or injured non-work-related. Even if the medical treatment period expires, the employer cannot terminate the labor contract at will. Only in accordance with the law, the employer can terminate the labor contract and pay economic compensation. Therefore, if the applicant's physical condition is not strictly examined during recruitment, the enterprise will pay a huge price.

3, whether to reach the legal age of employment.

The legal employment age in China is 16 years old. According to the relevant regulations prohibiting child labor, it is illegal for employers to use child labor without authorization.

4 whether there is an unexpired labor contract with other enterprises.

Article 91 of the Labor Contract Law stipulates that if an employer recruits workers who have not dissolved or terminated their labor contracts with other employers, and thus causes losses to other employers, it shall be jointly and severally liable for compensation.

Three, the employer has the obligation to tell the truth when recruiting employees.

Article 8 of the Labor Contract Law stipulates that when employing workers, the employer shall truthfully inform the workers of their work contents, working conditions, workplace, occupational hazards, safe production conditions, labor remuneration and what the workers need to know. If the employer fails to fulfill the notification obligation stipulated by law in the recruitment, which may lead to the invalidation of the contract and cause damage to the other party, it shall be liable for compensation.

4. Employees' ID cards and other documents shall not be seized, and employees shall not be required to provide guarantees or collect property from employees in other names.

Article 84. If the employing unit violates the provisions of this law and distrains the employee's resident identity card and other documents, the labor administrative department shall order it to return the employee within a time limit and punish it in accordance with relevant laws and regulations. ("Resident Identity Card Law" punishes 200 yuan)

Where an employing unit, in violation of the provisions of this Law, collects property from laborers by way of guarantee or other names, the labor administrative department shall order it to be returned to the laborers within a time limit, and impose a fine of not less than 500 yuan but not more than 2,000 yuan per employee, and shall be liable for compensation if any damage is caused to the laborers.

If the employee dissolves or terminates the labor contract according to law, and the employer detains the employee's files or other articles, it shall be punished in accordance with the provisions of the preceding paragraph.

Second, the recruitment and employment of employees should pay attention to the problem

Enterprises need to conduct careful organization and planning when recruiting employees, and conduct a comprehensive and scientific evaluation of those who come to apply.