How to prevent legal risks in recruitment

The legal risk in the recruitment stage of a company mainly includes four risk nodes: illegal recruitment information risk, irregular communication risk, registration information risk and background investigation legal risk.

First, the illegal risk of recruitment information

The legal risk in the recruitment stage of employers is often considered that the recruitment content of enterprises discriminates against women and patients with certain diseases. In fact, even if many employers don't consider legal risks, they rarely directly involve the above contents in job advertisements because they need to establish a positive social image.

(1) Legal risks involved in basic information. The recruitment information released by the employer often involves the publicity of the unit. If the relevant publicity information is suspected of violating the law, on the one hand, it will affect the positive image of the employer; On the other hand, it may be subject to administrative punishment.

(2) The risk of employee treatment terms. Fictitious employee treatment is actually an illegal act of fraudulent recruitment. Once the recruitment information of an employer is released, it is often out of its control. Workers have the right to ask the employer to honor the relevant commitments according to the treatment announced in the recruitment information.

(3) Risk of recruitment conditions. Compliance and reasonable design of recruitment conditions means that employers should consider the actual employment situation when designing recruitment conditions, and the recruitment conditions should be consistent with the actual employment subjects.

Second, the risk of irregular communication and its prevention

The legal risks of the personnel work of the employing unit are directly communicated with the candidates through the company mail system, and the contents of the mail exchanges between the two parties can be submitted to the court as evidence. The legal affairs department should prompt the personnel department to communicate the legal risks that may be involved in the above methods.

Avoidance scheme: 1. From the perspective of evidence relevance, the employer can communicate with the applicant through the mailbox other than the company mailbox by isolating risks, and it is not recommended that the employer directly communicate with the employees through the company mailbox system before joining the company. 2. It is clearly stated in the email sent to the candidates: "All rights and obligations involved in this email shall be subject to the labor contract signed by both parties or the relevant attachment documents confirmed."

Three. Risk and Prevention of Candidates' Information Registration

From the perspective of personnel management, registering the information of candidates has certain significance in talent management, and from the perspective of law, it has the significance of preventing labor disputes in advance and obtaining evidence in advance when labor disputes occur. The key elements of candidates' registration information are: work experience, contact information (including email, telephone, emergency contact and related contact information, etc. ), expected salary, employment/resignation, basic information of the original company, etc.

1, adhere to the principle of handwriting. It is not allowed to fill in a spreadsheet and print it. If it is really necessary to fill in and print by computer, the applicant shall sign the printed document.

2. Adhere to the principle of surface filling. Candidates' information must be filled in by the candidates themselves to prevent the situation of modern filling and signing.

3. Clarify the risk principle. It is clear in the information form that the applicant should ensure the authenticity and integrity of the information filled in, otherwise the employer reserves the right to unilaterally terminate the labor contract without paying economic compensation.

Fourthly, the legal risks of background investigation.

(1) The object of background investigation. As far as the subject of background investigation is concerned, some employers handle it themselves, and some employers entrust a third party to handle it. When an employer entrusts a third-party organization to conduct background investigation on workers, it is often conducted through headhunting companies or other human resources companies.

(2) Obtain authorization and obtain evidence. When investigating candidates, we should obtain the legal authorization of candidates as much as possible, otherwise the relevant investigation will easily cross the legal boundary. In addition, not all background checks can obtain evidence that the candidates are inconsistent with the description, which can be used as evidence of court testimony.

(3) Timing of background investigation. Some employers' personnel departments and even legal personnel believe that as long as the background investigation is completed before signing the labor contract with the applicant, it will not affect the later work. Then, the formation of labor relations begins from the date of employment by the employer, not from the date of signing the labor contract.