Urgent! Please come in for the Master of Business Administration and Personnel Administration. What preparations should the personnel administration department make before the new factory opens?

1. Necessary reason: The important role of labor contract in modern enterprise management is self-evident. If there is no contract with the employee, the enterprise will pay the employee twice the salary every month.

2. Contract content: The enterprise must prepare at least three contracts: fixed-term labor contract, non-fixed-term labor contract, and labor contract with the completion of certain tasks as the deadline. Enterprises with needs must also prepare a part-time labor contract.

Article 17 of the Labor Contract Law stipulates that the main contents of the contract shall include: (1) the name, domicile and legal representative or principal responsible person of the employing unit; (2) The name, address, resident identity card or other valid identification number of the employee; (3) The term of the labor contract; (4) Work content and work place; (five) working hours and rest and vacation; (6) Labor remuneration; (7) Social insurance; (eight) labor protection, working conditions and occupational hazard protection; (nine) other matters that should be included in the labor contract as stipulated by laws and regulations. In addition to the necessary provisions stipulated in the preceding paragraph, the employer and the employee may agree on probation, training, confidentiality, supplementary insurance and welfare benefits.

Second, the collective contract

1. Necessary reason: Article 11 of the Labor Contract Law stipulates that if the employer fails to conclude a written labor contract at the same time of employment, and the labor remuneration agreed with the employee is not clear, the labor remuneration of the newly recruited employee shall be implemented according to the standards agreed in the collective contract; If there is no collective contract or there is no agreement in the collective contract, equal pay for equal work shall be implemented.

In addition, article 18 stipulates that the labor contract does not specify the labor remuneration standard and working conditions, and if there is a dispute, the employer and the employee may re-negotiate; If negotiation fails, the provisions of the collective contract shall apply; If there is no collective contract or there is no agreed labor remuneration in the collective contract, equal pay for equal work shall be implemented; If there is no collective contract or the collective contract does not stipulate working conditions and other standards, it shall be implemented in accordance with relevant state regulations.

Thus, when there is a dispute between the enterprise and the laborer due to the unclear standard agreement on labor remuneration and working conditions, the collective contract can play an important standard role, and a complete collective contract can avoid many unnecessary labor disputes.

2. Contract contents: labor remuneration, working hours, rest and vacation, labor safety and health, insurance and welfare, employee training, labor discipline, labor quota and other contents stipulated by laws and regulations.

Third, the staff roster

1. Necessary reason: Article 7 of the Labor Contract Law stipulates that the employer shall establish a roster of employees for future reference. Supplementary provisions of Article 33 of the Implementation Regulations: If an employer violates the provisions of the Labor Contract Law on establishing a roster of employees, the labor administrative department shall order it to make corrections within a time limit; If it fails to change within the time limit, the labor administrative department shall impose a fine of more than 2000 yuan and less than 20 thousand yuan.

The list of necessary employees in an enterprise can be used as strong evidence in the event of labor disputes, and it can also avoid unnecessary administrative fines.

2. Contents of employee roster: name, gender, citizen ID number, household registration address and current address, contact information, employment form, employment start time, labor contract term, etc.

Four, the labor contract receipt form

1. Necessary reason: Article 81 of the Labor Contract Law stipulates that if the text of the labor contract provided by the employer fails to specify the necessary provisions of the labor contract stipulated in this law or the employer fails to deliver the text of the labor contract to the laborer, the labor administrative department shall order it to make corrections; If it causes damage to workers, it shall be liable for compensation.

Enterprises that only sign labor contracts and do not deliver workers will also face unnecessary salary risks.

2. Receipt content: labor contract text number, employee's name, ID number, department, specific post, employment time, contract term, signing time, labor contract signing time, employee receipt, remarks, etc.

Verb (abbreviation of verb) position notification letter

1. Necessary reason: 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 other information that the workers require to know.

In practice, employers often ignore the obligation of voluntary notification, which leads to the legal risk of "fraud" leading to the invalidation of labor contracts and compensation for workers' losses.

2. Notice content: work content, working conditions, working place, occupational hazards, safety production status, labor remuneration, etc.

Entry registration form of intransitive verbs

1. Necessary reason: Article 8 of the Labor Contract Law stipulates that the employer has the right to know the basic information directly related to the labor contract, and the employee shall truthfully explain it.

If there are false or fraudulent behaviors in employee employment, it will be important evidence for the employer to terminate the labor contract in the future.

2. Registration contents: termination of the labor contract between the laborer and the original employer, non-competition, health status, education, professional qualifications, knowledge and skills, work experience, home address, composition of major family members, etc.

Seven. Notice of signing labor contract

1. Necessary reason: Article 5 of the Implementation Regulations stipulates that if an employee fails to conclude a written labor contract with the employer within one month from the date of employment, the employer shall notify the employee in writing to terminate the labor relationship, and shall not pay the employee economic compensation, but shall pay the employee the labor remuneration for the actual working hours according to law.

In reality, some employees are unwilling to sign labor contracts with enterprises for various reasons. At this time, the written notice of signing the labor contract is particularly important.

2. Main contents: employee's name, employment date, notification date, labor contract signing method, etc.

Eight. Labor contract change agreement

1. Necessary reason: Article 35 of the Labor Contract Law stipulates that the employer and the employee may change the contents of the labor contract through consultation. Changes to the labor contract shall be made in written form.

2. Main contents: basic information of the employer and the employee, basic information of the original labor contract, specific changes, date of changes, signatures and seals of both parties, etc.

Nine. Notice of dissolution and termination of labor contract

1. Necessary reason: Dissolving and terminating the labor contract is the only way to terminate the relationship between the employee and the employer, and the specific time of dissolving and terminating the labor contract is an important basis for calculating the amount of wages, overtime pay and economic compensation.

2. The contents of the termination of the contract: the name of the employee, the reasons for the termination or rescission of the labor contract, the date of the termination or rescission of the labor contract, the process and time limit for handling the handover procedures, the seal of the employer, the receipt of the employee, etc.

X. Proof of dissolution and termination of labor contract

1. Necessary reason: Article 50 of the Labor Contract Law stipulates that when an employer dissolves or terminates a labor contract, it shall issue a certificate of dissolution or termination of the labor contract, and go through the formalities of transferring the relationship between files and social insurance for the employee within 15 days.

Article 89 stipulates that if an employer violates the provisions of this law and fails to issue a written certificate to the laborer to dissolve or terminate the labor contract, the labor administrative department shall order it to make corrections; If it causes damage to workers, it shall be liable for compensation.

2. Proof content: The certificate of dissolution or termination of the labor contract issued by the employer shall specify the term of the labor contract, the date of dissolution or termination of the labor contract, the post, the working years in the unit, etc.

XI。 application for extra-work

1. Necessary reason: Article 31 of the Labor Contract Law stipulates that the employing unit shall strictly implement the labor quota standard, and shall not force workers to work overtime or work overtime in disguised form. Where the employing unit arranges overtime work, it shall pay overtime wages to the workers in accordance with the relevant provisions of the state.

In addition, Article 85 stipulates that if the employer fails to pay overtime pay for overtime work, the labor administrative department shall order it to pay labor remuneration, overtime pay or economic compensation within a time limit.

Under any of the following circumstances, the employer shall be ordered by the labor administrative department to pay labor remuneration, overtime pay or economic compensation within a time limit: if the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the payment is not made within the time limit, the employer shall be ordered to pay compensation to the laborer according to the standard of more than 50% 100% of the payable amount; Arrange overtime without paying overtime.

The payment of overtime pay has always been a sensitive issue, and the amount of overtime is an important basis for calculating overtime pay. It is particularly important to record overtime written documents.

2. Application content: employee's name, date of applying for overtime work, reasons for overtime work, estimated overtime time, confirmation by department head, confirmation by personnel head, etc.

Twelve. Letter of intent for renewal of labor contract

1. Necessary reason: Article 46 of the Labor Contract Law stipulates that if a fixed-term labor contract is dissolved in accordance with the first paragraph of Article 44 of this Law, the employer shall pay economic compensation to the employee, but the employer shall maintain or improve the conditions stipulated in the labor contract to renew the labor contract, unless the employee does not agree to renew it.

After the expiration of the labor contract, the renewal conditions of the enterprise and the intention of the workers are important criteria for judging whether the employer should pay economic compensation. Written documents can truly reflect the intentions of both parties and avoid unnecessary labor disputes in the future.

2. Main contents: the name of the employee, the expiration date of the original labor contract, the difference between the renewed labor contract and the original labor contract, and the reply period.

Later:

The above 12 necessary documents can be used as proof when a labor dispute occurs in an enterprise, but these 12 documents, such as confidentiality agreement, non-competition contract and service period agreement, need not be prepared. Therefore, we suggest that enterprises HR formulate special legal documents according to their own different situations and keep them properly. Finally, I hope every enterprise can have a perfect human resource management system to avoid unnecessary labor disputes and legal risks.