Matters needing attention in handling the employment procedures (1) The employment registration should be detailed.
According to Article 8 of the Labor Contract Law, the employer has the right to know the basic information directly related to the labor contract, and the employee shall truthfully explain it? . It can be seen that according to the provisions of the Labor Contract Law, the employee has no obligation to inform the employer voluntarily, and the unit must take the initiative to know the situation from the employee to prevent fraud. Then, the most convenient way is usually to design the registration form reasonably and include all the contents that the employer wants to know. The Regulations of Beijing Municipality on Labor Contract stipulates the contents of truthful disclosure. What are the contents truthfully told by the workers? Basic information directly related to the labor contract? , mainly refers to the name, age, valid ID number, home address, health status, education, work experience, work status, etc. ; In addition, the employer can make the basic situation directly related to the labor contract more specific according to its own needs.
Be cautious in the entrance examination.
In addition to requiring workers to register basic information at the beginning of their employment, human resource managers should also perform the obligation of careful review, mainly including:
1, authenticity review of recruitment materials
The human resource manager did not carefully examine and verify, and employed employees by fraudulent means, which led to the invalidity of the labor contract; If the labor contract is invalid due to the fault of the laborer and losses are caused to the employer, the laborer shall bear the direct economic losses caused to the production, operation and work of the employer due to his fault in accordance with the principle of actual loss established in the General Principles of the Civil Law. Therefore, it is very important to carefully examine employees' materials, including verifying the authenticity of employees' personal data, such as education, work experience, professional qualifications, mailing address, etc. , and when necessary, conduct appropriate investigations to fulfill the obligation of prudence.
2. Review of the dissolution or termination of the labor contract
If employing workers who have not dissolved or terminated their labor contracts with other employers, causing losses to other employers, they shall be jointly and severally liable for compensation. Therefore, when hiring workers, they are required to provide proof of dissolution or termination of the labor contract with the original unit, and keep the original. If the labor contract is not terminated, the original unit shall issue a written certificate agreeing to the employee's entry.
3. Review the non-competition obligation
Workers are required to promise not to undertake the obligation of non-competition and check with the original unit to avoid unpredictable litigation risks.
The obligation to inform shall be fulfilled.
According to the provisions of the Labor Contract Law, 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; The employer has the right to know the basic information directly related to the labor contract, and the employee shall truthfully explain it? . It can be seen that both workers and employers have the obligation to tell the truth, the difference is that employers should take the initiative to tell, and workers do not need to take the initiative to tell. If the employer fails to fulfill the obligation of informing, the laborer has the right to claim that the contract is invalid on the grounds that the enterprise fails to fulfill the obligation of informing. For an invalid labor contract, if it is confirmed to be invalid and causes damage to the employees, the employees have the right to ask the enterprise to bear the liability for compensation.
The contract should be signed in time.
After the labor contract law came into effect in 2008, everyone should have heard of a sentence circulating in the society, namely? Labor contract is money? It can be seen that the importance of labor contracts is extraordinary. Therefore, human resource managers should attach great importance to the signing of labor contracts. Signing labor contracts efficiently can not only effectively avoid the risk of double wages, but also effectively strengthen the employer's autonomy in employment and effectively control the burden of proof after labor disputes.
Should inform the rules and regulations
The effective implementation of the Labor Contract Law puts forward higher requirements for employers to standardize employment. Therefore, employers need to improve their own management system, realize the autonomy of enterprises in employing people, and achieve the purpose of effective management. According to the law, when an employer formulates, modifies or decides the rules, regulations or major issues directly related to the vital interests of workers, such as labor remuneration, working hours, rest and vacation, labor safety and health, insurance and welfare, employee training, labor discipline and labor quota management, it shall be discussed by the workers' congress or all employees, put forward plans and opinions, and determined through equal consultation with the trade union or employee representatives.
The employing unit shall also publicize the rules, regulations and major issues directly related to the vital interests of workers, or inform them. Therefore, only the contents and procedures of the employer are legal can it be used as the basis for the arbitration institution or the people's court to make a judgment.
Physical examination should be strict.
The health status of employees not only determines the image of the company, but also hides the employment risks of employers. Therefore, under normal circumstances, employers pay more attention to on-the-job physical examination. At the same time, it should be noted that in the conditions of employment, it can be agreed not to suffer from mental illness or infectious diseases that should be prohibited from working according to national laws and regulations.
Employment conditions should be clear.
The employing unit shall, at the beginning of the employee's employment, confirm the employment conditions with the employee through the labor contract, employee handbook or special probation conditions. Because, in the adjudication of labor disputes, the employer has more burden of proof, and in terms of employment conditions, the employer has the obligation to prove that it has made clear the employment conditions to the workers.
Job responsibilities should be specific.
Job responsibilities are the conditions that determine whether a worker is qualified for the job. According to different positions, employers generally set job responsibilities, because according to the law, if workers are proved incompetent, employers can train or adjust their jobs. If the employee is still incompetent after training or job transfer, the employer may terminate the labor contract with the employee with one month's notice in advance or one month's salary.
Social insurance should be paid.
In practice, in order to reduce the cost of enterprises, many employers do not pay social insurance for employees or agree that employees pay social insurance in cash instead. These practices are not in line with the current mandatory laws in China, and may also lead to the risk that employees ask employers to pay economic compensation for their resignation. In China, it is the legal obligation of the employer to pay social insurance. Therefore, when employees join the company, HR should do the following work:
1. The employing unit shall apply to the social insurance agency for social insurance registration within 30 days from the date of the new employee's employment, and pay the insurance premium in full and on time. The payment base can be determined according to the wage standard agreed in the labor contract between the two parties or the base recorded in the employee social security transfer form (the first month's salary is the base for the employees who are insured for the first time).
2. For employees who have paid social insurance in other places, HR should require them to provide corresponding insurance vouchers or payment vouchers.
3. For employees who delay in submitting personal data required for social security registration, HR shall inform them of the legal consequences of the delay in submission in writing, and require employees to sign the notice for confirmation.
Pay attention to paid annual leave
The paid annual leave system has been implemented abroad for many years, and the Regulations on Paid Annual Leave for Employees in China was also implemented from June 65438+ 10/in 2008. According to the regulations, employees who have worked for more than 1 year but less than 10 year are entitled to five days of annual leave; Annual leave 10 days if it is over/kloc-0 years but less than 20 years; Annual leave 15 days for those who have completed 20 years? . In order to implement this regulation, the 6th ministerial meeting in Ministry of Human Resources and Social Security adopted the Implementation Measures for Paid Annual Leave for Enterprise Employees, which stipulates that employees who have worked continuously for 12 months or more shall enjoy paid annual leave, and the number of annual leave days shall be determined according to the accumulated working hours of employees? . Therefore, this requires the human resources manager to do a good job of paying annual leave when employees join the company:
1. Confirm the employee's entry time and define the annual leave conditions.
2. Verify the accumulated length of service of employees and determine the number of annual leave days.
At the same time, HR should also pay attention to paid annual leave:
1, paid annual leave, is a holiday arranged by the enterprise, not a holiday applied by the worker.
2. Annual leave can be arranged centrally or in sections within 1 year, generally not across years. If it is really necessary for the unit to arrange annual leave for employees across years due to the characteristics of production work, it can be arranged across 1 year with the consent of employees.
3. If the unit really can't arrange annual leave for employees due to work needs, it may not arrange annual leave for employees with the consent of the employees themselves. The number of days of annual leave that employees should take, the unit shall pay the annual leave salary according to 300% of the daily salary of employees.
4. The employing unit arranges employees to take annual leave, but if the employees put forward the endless annual leave in writing for their own reasons, the employing unit can only pay their wages during the normal working period.
5. Record the real attendance of employees, and put an end to situations where annual leave is unnecessary. Specifically:
1) Employees enjoy winter and summer vacations according to law, and the number of vacation days is more than the number of annual vacation days;
2) The employee asks for personal leave for more than 20 days, and the unit fails to deduct wages according to regulations;
3) Employees who have worked at least 1 year but less than1year have been sick for more than 2 months;
4) Employees who have worked at/kloc-0 for more than 20 years have taken sick leave for more than 3 months;
5) Employees who have worked for more than 20 years have taken sick leave for more than 4 months.
Matters needing attention in entry formalities (2) 1. New employees should be familiar with the company, departments and this position as soon as possible, accept the company's honest, rigorous, enterprising and pragmatic culture and concept as soon as possible, enter the work role as soon as possible, and integrate into the Lintai family as soon as possible.
Second, employees must seriously study and strictly abide by national laws and regulations, as well as the rules and regulations of companies and departments and labor discipline.
Third, employees should love their jobs and be dedicated; Respect leaders and obey management and arrangement; We should unite our colleagues and cooperate well.
Four. Entry: employees must submit the original valid certificates such as personal ID card and academic certificate and two recent one-inch photos to the company office. The office will check, verify and copy the above documents and return them to the employees immediately.
5. Resignation: If the employee resigns during the probation period and the working day is less than 7 days (excluding overtime at night), the salary will be settled according to the actual number of days.
If an employee leaves the company for any reason or circumstance, he/she must go to the company's office to get the resignation form and go through the resignation formalities according to the company's regulations, otherwise the company has the right not to settle the salary. If an employee leaves his job without completing the signature and approval procedures specified in the Resignation Letter, it shall be treated as absenteeism.
● Salary payment for resigned personnel: normally resigned personnel shall submit a written resignation application to the department head one month in advance, and the company will settle the salary in one lump sum from the date when the department head signs it and the administrative department files it, and so on until the official resignation date.
Dismissal or dismissal of a person is a violation of the company's rules and regulations or incompetent for this position, and the company will pay a one-time settlement within two working days after dismissal.
● In case of emergency resignation, the company will deduct 20% of the full moon salary as training fee and emergency bookkeeping fee.
Six, labor contract, group work injury insurance, work clothes, work permit, attendance card.
Officially employed employees must sign a labor contract with the company for not less than one year (longer for special positions), participate in group accident insurance organized by the company, receive and wear company work clothes during working hours, and handle work permits and attendance cards. The above matters shall be handled directly in the company office.
Seven, labor discipline: employees are strictly prohibited to wear slippers to work; Employees are prohibited from visiting or sleeping on duty during working hours without reason; It is forbidden to quarrel and fight between employees; Employees are strictly forbidden to punch in for others. (See labor discipline management system for details)
Eight. Salary: All employees' salary will be paid in full and on time on June 5438+05 of the following month (postponed in case of holidays or inconvenient capital turnover). The company will never default on wages.
Nine, schedule (unless otherwise notified, the notice shall prevail)
Ten, the full moon is 26 days, if more than 26 days, according to 1: 1 overtime calculation.
7: 30 am-165438+0: 30 pm13: 00 pm18: 00 pm 18:30-2 1:30 in summer.
7: 30am-165438+0: 30pm12: 30pm-17: 30pm18: 00pm-265438+0: 00pm in winter.
XI。 Vacation: Employee's leave must be filled in and signed by the supervisor with corresponding approval authority.
12. Catering: The company has an internal canteen that provides Chinese food and dinner. Dining is voluntary and the expenses are self-care. If employees want to eat in the canteen, they must register at the doorman first, and the meal fee will be deducted when they are paid in the current month. The canteen generally does not accept meals from non-company personnel.
Thirteen. Accommodation: the company provides accommodation, and the specific arrangements are arranged by the administrative department. There are 4-6 employees in the dormitory, and the management fees such as water and electricity are charged for ordinary rooms according to 30 yuan/month/person. Charges for air-conditioned rooms shall be based on the actual degree of electricity meter in the current month. Please read the above contents carefully.
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Precautions for Entry Procedures (III) Entry Instructions for New Employees
First of all, welcome to our company. In order to provide you with a better working environment and make our cooperation relaxed and happy, please read the relevant regulations of our company carefully:
1. New employees must complete the job application form, present all the original valid certificates, and go through the registration formalities with three copies of graduation certificate, qualification certificate, ID card, health certificate and color photos. New employees must ensure that all the certificates and materials submitted to the company are true and effective, otherwise the company can terminate the labor relationship at any time and pursue relevant economic and legal responsibilities.
2. The company's daily commuting time is tentatively set as follows:
Working the day shift at 9 am? 12: 00 pm 13: 00 pm？ 18: 00 (on the premise of completing the day's work)
3. Employees should punch in before and after work every day, strictly abide by the punching order, and are not allowed to punch in for others. Offenders will each be fined 100 yuan.
4. Employees must wear their employee cards to work every day, and offenders will be punished 5 yuan every time.
5. After the new employee goes through the relevant formalities, he/she pays the IC card deposit 10 yuan to the finance department, which can be refunded in full with the receipt in the future; This IC card can be used as both an attendance card and a cooking card, and employees must recharge before they can swipe their cards to eat. The recharge amount is generally above 20 yuan. The company provides welfare meals for employees, breakfast 1.5 yuan/meal, lunch and dinner 3.5 yuan/meal; When dining, we must strictly abide by the relevant regulations of the company, and employees must bring their own tableware.
6, new employees must strictly obey the boss's work arrangement, every day before coming off work must ask for instructions to the immediate superior, agreed to rear can get off work. If there are special circumstances, you must apply to the head of your department for approval, and you must not leave your post without approval.
7. According to the company management regulations, new employees have a 7-day observation period, and those who leave or are dismissed within 7 days (inclusive) will not be paid; Those who leave or are dismissed within one month after working for 7 days will be deducted 7 days' salary; If you work for one month, you will be paid at the full moon.
After the 8.7-day observation period, any employee who resigns during the probation period must submit a written resignation application report half a month in advance, and the employee who resigns after becoming a full member must submit a resignation report one month in advance, and go through the relevant work handover procedures at the same time, otherwise the company will not settle the monthly salary.
9. If new employees need to know about company management, they can consult their immediate supervisor or enterprise management department.
Welcome you to become a member of our company again, because tomorrow will be more brilliant with your joining!
Enterprise management department
20 10 September 19
I have clearly understood and agreed that I will strictly abide by the relevant management system of the company, and I am willing to accept the relevant punishment of the company if I violate it.
New employee signature confirmation:
Date: Year Month Day