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How does HR control the risk management of talents in recruitment?
2, whether the potential disease, disability, etc. This is an effective guarantee for employers to reduce legal risks. Article 29 of the Labor Law stipulates that the employer shall not terminate the labor contract if the employee is sick or injured within the prescribed medical treatment period. Even if the medical treatment period expires, the employer cannot easily terminate the labor contract. Article 26 of the Labor Law stipulates that after the expiration of medical treatment, workers cannot engage in their original jobs or other jobs arranged by the employer. It can be seen that there are two conditions to terminate the labor contract at the expiration of the medical treatment period. One is that employees can't do their original jobs, and the other is that employers need to arrange another job for employees. If other work is incompetent, the employer may terminate the labor contract. Therefore, if the applicant's health status is not strictly examined during the recruitment, and the employees with unhealthy constitution are allowed to enter the company, then the employer will pay a great cost afterwards.
3. Whether the age reaches 16 years old. It is a common practice of the international community to prohibit the use of child labor, and China also clearly stipulates that the use of child labor is prohibited. Child labor refers to/kloc-workers under the age of 0/6. According to Article 94 of the Labor Law and the Provisions on Prohibiting the Use of Child Labor, it is illegal for a unit to use child labor without authorization, and it needs to bear the following legal responsibilities: if an employer uses child labor, the administrative department of labor security will punish it according to the standard of 5,000 yuan per child per month; Whoever uses child labor in workplaces where toxic substances are used shall be given a heavier punishment according to the fine range stipulated in the Regulations of the State Council on Labor Protection in Workplaces where toxic substances are used, or according to the standard of 5,000 yuan per child per month. The administrative department of labor and social security shall also order the employing unit to send the child workers back to their parents or other guardians within a time limit, and all the transportation and accommodation expenses required shall be borne by the employing unit. If a child is sick or injured, the employing unit shall be responsible for sending him to a medical institution for treatment, and bear all medical and living expenses during the treatment period. If a child is disabled or killed, the business license of the employing unit shall be revoked by the administrative department for industry and commerce or the registration of private non-enterprise units shall be revoked by the civil affairs department; The employing unit shall also give one-time compensation to the immediate family members of disabled child workers and dead child workers, and the amount of compensation shall be calculated in accordance with the relevant provisions of the state industrial injury insurance.
4 whether there is an unexpired labor contract with other enterprises. Article 99 of China's "Labor Law" stipulates that if an employer recruits workers who have not terminated their labor contracts and causes economic losses to the original employer, the employer shall bear joint and several liability for compensation according to law. Article 6 of the Compensation Measures for Violating the Labor Contract Provisions of the Labor Law issued by the former Ministry of Labor stipulates: "If an employer recruits workers who have not terminated the labor contract and causes economic losses to the original employer, the employer shall bear joint and several liability for compensation in addition to the direct responsibility of the workers. The share of joint compensation shall not be less than 70% of all economic losses caused to the original employer, and the following losses shall be compensated to the original employer: (1) Direct economic losses caused to production, economy and work; (2) Causing economic losses to the original employer due to the acquisition of business secrets. " The third paragraph of Article 1 1 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Labor Dispute Cases stipulates: "The original employer brought a lawsuit to the people's court on the grounds that the new employer and the laborer were the same defendant." In fact, in order to standardize the recruitment behavior of enterprises, the former Ministry of Labor issued the Notice on Several Issues Concerning the Implementation of the Labor Contract System in 1996 (No.354 issued by the Ministry of Labor [1996]), which stipulates: "When employing employees, the employer shall check the certificate of termination or rescission of the labor contract and other documents that can prove that the employees have no labor relationship with any employer. Only by strictly observing this regulation can the employer effectively avoid employing workers who have not terminated their labor relations and bear joint and several liabilities for this.
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