The onboarding process for new employees is mainly divided into six steps: 1. Preparation for joining; 2. Registration; 3. Onboarding procedures; 4. Onboarding training; 5. Evaluation of regularization; 6. Completion of joining . Preparation for entry: 1. The Human Resources Center will send the "Notice of Acceptance" to qualified candidates; 2. Confirm the registration date of new employees, and notify new employees to come to the company before reporting to clearly note what they need to pay attention to: required information, physical examination and other instructions; 3. Notify the HR assistant of the new employee's registration date. The HR assistant prepares the forms required for the new employee's onboarding procedures and is responsible for implementing various tasks according to the content of the "New Employee Onboarding Notice": --The employing department is responsible for arranging office space, applying for computers and telephones ; --The Administrative Office is responsible for distributing office supplies; --The Information Group is responsible for opening mailboxes, accounts, debugging computer equipment, etc. Onboarding report: 1. The Human Resources Center issues a "New Employee Registration Worksheet" to new employees and goes through the onboarding procedures as required: - Employees fill in the "Application Registration Form" and submit various documents for verification: 3 one-inch bareheaded photos; ID card Original or copy of household registration; Original academic qualifications and degree certificates (students must provide the original student ID card); Original qualifications or qualification certificates; Proof of rescission or termination of the labor contract with the original unit; Physical examination certificate; --Signing of labor contracts and confidentiality agreements with employees , Position description; --Establish employee files and time cards; --Introduce the company, lead new employees to visit the company, and introduce colleagues; --Transfer new employees to the employing department; --OA publishes franchise information online to update employee address books. 2. Responsible work of the employing department - Responsible for arranging seats, introducing and helping to familiarize themselves with the work environment; - Designating a designated person as a counselor for new employees to introduce job responsibilities and work processes [1] Entry procedures: 1. Fill in the "Employee Resume". 2. Distribute a "System Compilation" that introduces the company's situation and management system to new employees, so that they have basic company work knowledge, and requires them to learn more about the company's internal network. 3. Complete the onboarding procedures item by item in accordance with the "New Employee Onboarding Procedure Checklist". 4. Confirm the time when the employee was transferred to the personnel file. 5. Introduce management to new employees. 6. Bring new employees to the department and introduce them to the department general manager. 7. Announce the status of new employees to the entire company via email and internal company publications. 8. Update employee address book. 9. Sign the Labor Contract. Onboarding training: 1. Organize new employee training. 2. Professional and technical training for corresponding functions 3. Training on corporate development history, corporate culture, functions and relationships of various departments, etc. conducted by the company's management from time to time. Onboarding and regularization: 1. Transformation is an opportunity for employees to evaluate their work and is also an important part of the company's optimization of personnel. 2. Regularization is a kind of affirmation and recognition for employees. Good implementation of the regularization assessment process can provide employees with an opportunity to re-recognize themselves and their work, and help employees improve themselves. 3. The regularization of general employees shall be reviewed and approved by the employing department and the personnel department and relevant procedures shall be completed. 4. When new employees complete their internship period, the Human Resources Department will arrange for a regularization evaluation. Employees self-evaluate their work during the probation period and are evaluated by their immediate manager. The evaluation results of the direct manager will play a decisive role in the employee's regularization. Completion of joining: New employees should sign this form and file it in the Human Resources Center at the end of the probation period after all tasks are completed according to the requirements of the "New Employee Registration Work Form". Article 8 of the "Labor Contract Law" stipulates: "When recruiting workers, the employer shall truthfully inform the workers of the work content, working conditions, working location, occupational hazards, production safety conditions, labor remuneration, and other matters that the workers require to know. The employer has the right to know the basic situation of the employee that is directly related to the labor contract, and the employee should explain it truthfully. "Responsibilities and evidence-producing techniques in the entry review (1) The employer's obligation to inform the employee and the right to the entry review. It can be seen from the above provisions of the "Labor Contract Law" that as an employer, when signing a labor contract with employees, it has obligations and rights from the following two aspects: 1. To inform the basic situation of the unit directly related to the labor contract obligation. When signing a labor contract with an employee, the employer shall inform the employee of relevant content in accordance with the law, such as the employee's work content, working conditions, work location, occupational hazards, production safety conditions, labor remuneration, and other information that the employee requires to know. wait. Even if workers do not request it, they must take the initiative to inform them. At the same time, evidence of notification behavior should also be actively preserved in writing. 2. Have the right to know and review the basic information directly related to the employee and the labor contract. Employers also have the right to know about workers, that is, they have the right to know basic information about workers directly related to the labor contract, such as the worker’s age, gender, education, professional skills, work experience, health status, etc. In the above situations, the employee needs to provide relevant written certification materials, and the employer should also keep, master and manage them.
From the above examples, we should note that the employer’s notification content is relatively extensive and basically covers all aspects of the labor relationship, while the employee’s notification obligation is relatively limited and is limited to basic information directly related to the labor contract. The situation, in practice, is nothing more than age, home address, educational background, academic qualifications, work experience, whether the contract was terminated with the previous employer, etc. For situations that are not directly related to the labor contract, the employee does not need to answer. (2) Legal risks faced by employers regarding notification obligations and entry review issues. Employers’ failure to fulfill their obligation to inform employees and their failure to pay attention to entry review will bring great risks to the employer itself. 1. Legal risks arising from the employer’s failure to fulfill its notification obligations. It is a legal obligation for employers to proactively notify applicants. Failure to fulfill this legal obligation will affect the validity of the labor contract. According to the provisions of Article 26 of the "Labor Contract Law", concealing the true situation and inducing the other party to make a wrong judgment and sign a labor contract can be deemed as fraud. Because of fraudulent means, the other party enters into a contract against its true intention. The labor contract may be deemed invalid. Disregarding workers' right to know may also bring great legal risks to the employer, and may even require it to bear serious legal liability. For example, if workers are not informed of occupational hazards, the "Occupational Disease Prevention and Control Law" stipulates that the employer shall be fined 20,000 to 50,000 yuan. 2. Legal risks arising from the employer’s failure to strictly conduct entry examinations. Employers' simplification and formalization of the recruitment process, failure to pay attention to the entry review, and contempt for the entry review will bring great risks to the employer's employment. If the employer does not strictly verify the identity, academic qualifications, professional qualifications, work experience, etc. of the applicants during recruitment, and the applicants commit fraud, it will result in them being incompetent for the job, wasting wages and benefits, and wasting recruitment efforts. Management costs, invalid labor contracts and other serious consequences. The most direct legal risks include the following two aspects: First, if the employment review is not carried out and the employee joins the company through fraudulent means, the labor contract may be invalid. Article 26 of the "Labor Contract Law" stipulates that fraudulent means are used to invalidate or partially invalidate a labor contract concluded by the other party against the true intention. Second, if the employer recruits workers whose labor contracts have not yet been terminated or terminated and causes losses to other employers, they shall be jointly and severally liable for compensation. Article 91 of the Labor Contract Law stipulates that if an employer recruits workers whose labor contracts have not been terminated or terminated with other employers and causes losses to other employers, it shall bear joint and several liability for compensation. From the above explanation, we can see that if an employee complains that the employer fails to fulfill its obligation to notify the employer of employment, or if the employer terminates the employee's labor contract on the grounds of fraud due to lax entry review, the employee bears the burden of proof. (3) Techniques and methods of proof for the employer’s notification obligation and entry review: 1. Techniques and methods of proof for the employer’s obligation to notify: In practice, from the perspective of proof, the employer should inform the employee in writing and retain Regarding relevant evidence, notification measures can be taken from the following three aspects: (1) Statement in the employee registration form. Design relevant columns in the employee registration form to require workers to state after the unit informs them of the situation: The unit has informed them of the work content, working conditions, working location, occupational hazards, safety production conditions, labor remuneration, and other circumstances, and sign to confirm. (2) Design notification clauses in the labor contract. This is a relatively trouble-free method. For example, in the labor contract regarding the basic situation of Party A and Party B, a clause can be written: "Party A shall provide information about Party B's work content, working conditions, working location, occupational hazards, safety production conditions, labor remuneration, and For other information that Party B requires to know, Party B shall provide the recruitment brochure or notify Party B orally. Party B's signature or seal on this contract shall be deemed to have accepted the above information notified by Party A. "The contract terms state that the employer has informed, Legal risks arising from the right to know can be prevented. (3) Require workers to provide written statements. That is, after being notified in writing or verbally, the employee is asked to sign and approve it, and keep it as evidence. 2. Techniques and methods for providing evidence during the employer’s entry review: Labor fraud is basically to provide false information, such as fake diplomas, fake documents, fake experience, etc.; therefore, the employer should establish an effective entry review system. and appropriately apply legal provisions on the right to information. (1) Set up the "Employee Registration Form" as evidence. The form lists various items related to the signing of the labor contract, and applicants are required to fill in the form truthfully and must not deceive. Employers should treat the "Employee Registration Form" as an attachment to the labor contract and properly manage and save it. Once an employee is found to have committed fraud, it can be used as evidence to deal with it. If the employee does not comply, it is the most direct and effective evidence. (2) Require workers to provide relevant personal information as evidence. For example, whether the identity, education, qualifications, work experience and other information are true; whether there are potential diseases, disabilities, occupational diseases, etc.; whether the applicant is over 16 years old or retired and enjoys pension insurance benefits; whether there are unexpired contracts signed with other units Labor contract; whether there is a non-competition agreement with other units; if foreigners are recruited, whether the employment procedures for foreigners have been completed. Especially when recruiting workers with working experience, they should be required to provide proof of rescission or termination of their labor contract with their previous unit, and the originals should be retained.
If the labor contract has not been terminated, the original unit is required to issue a written certificate agreeing to the employee's employment. At the same time, workers with experience in the industry should also be required to promise that they have no non-compete obligations and verify with their original units to avoid unpredictable litigation risks. (3) Design clauses in the labor contract to prepare as evidence. In order to avoid legal risks caused by lax entry review, it can be stipulated in the labor contract: "Party B shall provide verifiable copies of resident ID cards or other valid ID cards, academic certificates, and professional qualification certificates as required by Party A. , as well as relevant information such as the resignation certificate of the last service unit, the marriage and childbirth certificate, the physical examination certificate from the hospital designated by Party A, and the basic information directly related to this labor contract, according to the "Employee Recruitment Registration Form" provided by Party A, by I fill it out truthfully and make it an attachment to the labor contract. "This places the responsibility on the applicant to provide legal identity documents and other documents. If problems arise afterwards, measures can be taken to remedy them, which will not only reduce losses, but also Use legal weapons to punish fraudsters. (4) Establish a roster of employees and keep it as evidence. Article 7 of the "Labor Contract Law" stipulates: "The employer shall establish a labor relationship with the employee from the date of employment. The employer shall establish a roster of employees for reference." It can be seen that establishing a roster of employees is the legal obligation of the employer. The purpose of requiring employers to establish a roster of employees for review is to solve the difficulty for workers to provide evidence when labor disputes occur and to prove the existence of the labor relationship between the two parties. With this provision, since the roster of employees is controlled and managed by the employer, the employer There is a burden of proof. Article 8 of the "Regulations for the Implementation of the Labor Contract Law" specifically stipulates what the "employee roster" should include: "The employee roster stipulated in Article 7 of the Labor Contract Law shall include the name, gender, citizenship number, and household registration address of the employee. and current address, contact information, employment form, employment start time, labor contract term, etc. "It seems that establishing an employee roster in accordance with the provisions of Article 8 of the "Implementation Regulations" is by no means a trivial matter. If there is no employee roster, there are employees. If the list does not provide specified items and contents, you will have to bear adverse legal consequences and even be subject to administrative penalties. Article 33 of the "Regulations on the Implementation of the Labor Contract Law" stipulates: "If an employer violates the provisions of the Labor Contract Law regarding the establishment of a roster of employees, the labor administrative department shall order it to make corrections within a time limit; if it fails to make corrections within the time limit, the labor administrative department shall impose a fine of more than 2,000 yuan2 A fine of less than 10,000 yuan.” The evidentiary power of the employee roster actually plays an important role for both the employer and the employee. For those employees who leave without saying goodbye, the employee roster is an important evidence for the employer to seek compensation from them; and from the employee's side, the employee roster is the best proof that the employer has a labor relationship with him. Of course, for law enforcement inspectors of the labor administration department, the employee roster is the first document that must be inspected.
1. Is the photo of the will legally binding?
Whether the photos of the self-written will are valid o