Principles to be followed in compiling employee handbook Labor Law is a law formulated and promulgated by the state according to the Constitution in order to protect the legitimate rights and interests of workers, adjust labor relations, establish and maintain a labor system adapted to the socialist market economy, and promote economic development and social progress. As a basic law to protect human rights and embody people-oriented care, labor law is even called the second constitution in the west. Therefore, the preparation of employee handbook should also be based on the premise of observing the labor law and grasping the following principles.
1, the principle of legality 200 1 year, the first judicial interpretation of labor disputes in the Supreme People's Court put forward basic requirements for the Employee Handbook, and the newly promulgated Labor Contract Law further requires that if the provisions in the Employee Handbook, especially those involving employees' interests such as wages and vacations, infringe on employees' interests and do not conform to relevant state regulations, the Employee Handbook, In practice, common illegal clauses are mainly manifested in unreasonable overtime pay standards for employees and improper punishment for violations.
2. The principle of democratic formulation procedure 200 1 judicial interpretation also puts forward the democratic formulation procedure. "Labor Contract Law" further refines this principle, which is reflected in the requirement that "Employee Manual" be determined by trade unions or employee representatives through consultation after being discussed and summarized by the employee congress or all employees. Enterprises should actively seek the opinions of employees when formulating employee manuals. If there is no workers' congress, they should publicize it to all employees as much as possible, or ask all employees to participate in the discussion by email, intranet, etc.
3. Publicity Principles The Employee Handbook must be publicized to employees in an effective form. First of all, employees' right to know must be guaranteed. Second, enterprises can also avoid legal risks. At the same time, there must be evidence to prove that all employees have been informed, otherwise, the law will consider the employee handbook invalid. The law itself does not give any explanation for publicity. At present, the understanding of publicity in judicial practice is that enterprises must directly inform employees themselves, rather than through other channels or mutual communication between employees. If an enterprise wants to prove that the employee handbook has been publicized, it must have evidence to prove that the employees who dispute the employee handbook have clearly informed it. The author thinks that more effective publicity methods can be adopted, such as: when employees join the company, they can organize employee training to sign in, and conduct open-book examinations in the employee handbook and sign it; When signing a formal labor contract with an employee, a copy of the Employee Handbook is attached to the contract, and the employee is required to sign the receipt of the Employee Handbook.
4. Guiding Principles The purpose of formulating the employee handbook is to establish the system of the enterprise and play a guiding role for all on-the-job employees. The basic framework of the Employee Handbook is the same, but due to the differences in management system and employment mechanism of various enterprises, the preparation of the Employee Handbook should be based on the above three principles and combined with the actual situation of enterprises to strengthen pertinence and practicality, otherwise it will be a dead letter. This should also be a principle that all enterprises that write employee manuals should pay attention to.