The following are the management skills of probationary employees that I have collected for your reference! More information is in the HR column!
How to manage the probation period for employees
1. Formulate the system and standardize it.
firstly, our HR department formulated the measures for the management of employees' probation period, which specified in detail the responsibilities of employees and departments, employee entry procedures, various agreements, contract signing, probation assessment, relevant records, employment conditions, probation extension and various forms, and made appropriate revisions every year, so as to specify and guide the management of all departments and employees in the company during the probation period.
I think it is most important to formulate a system suitable for the probation period management of the company. First, there should be no clauses that violate laws and regulations. Second, we should not pursue perfection, which is suitable for the actual situation of the company and easy to implement. If there is no corresponding system, but everyone does it by experience and feeling, it will only be a mess.
2. Some contents before employment.
Before joining any position, we will agree with the employees on the following contents. If there is no agreement, we will generally not issue an OFFER and join the job.
(1) salary and benefits. Although the company has a salary grading system, according to the interview situation, it still needs to agree with the successful interviewees on salary (including specific amount, grade, salary scale and basic overtime salary), bonus (usual bonus, attendance award, year-end award, seniority award, overtime award, quality award, over-production award, monthly merit award, etc.) and welfare (base of five insurances and one gold, telephone charges, utilities, accommodation and meals).
(2) probation period. At present, the term of signing the first labor contract with employees is one year, and the probation period is one month. This is also legal and will be agreed after explaining it to employees. We won't set the probation period at will, because the workers now are very aware of the legal provisions.
(3) post agreement. It is also very important to stipulate the employee's employment department, post and work content. The company will provide job descriptions, and their immediate superiors will explain their contents, as well as other temporary jobs that may occur, in order to reach a basic understanding.
(4) other matters. According to employees' own requirements or the company's special requirements for a certain position, there may be some special agreements. For example, the company employs some foreigners who have special requirements such as passports, social security, entry and exit, accommodation, etc., and the HR department also needs to negotiate with them to avoid unnecessary troubles after entering the company. Of course, some employees also need to explain clearly how to handle specific procedures such as social security transfer and new rural cooperative medical system. Other employees will ask about the company's management style, leadership education, local people, organizational structure, development planning, whether the work has health effects, etc., and they also need to tell the truth.
3. Some issues during the probation period.
After employees enter the probation period, they start a series of work, which is also the core part of probation period management. There are many matters needing attention, otherwise it may cause labor disputes.
(2) induction training management. Discipline, attendance and examination of induction training, and adaptation or recognition of the company's corporate culture through observation and question and answer. During this period of time, it is actually very convenient to examine employees' personality, behavior and work habits, and employees can also have a deeper understanding of the company's corporate culture, and both sides can judge whether they are themselves. What you want? In order to make a decision as soon as possible, at this time, we can not only grasp the original requirements of joining the job, but also deepen mutual understanding. It should be noted that employees should be gradually transformed into employees with company characteristics as much as possible, so that those who are not suitable for the company can make choices earlier.
(3) implementation of performance appraisal. After employees enter their respective posts, we generally make a weekly work plan assessment. If there are any specific projects, the assessment will be based on the project progress, including KPI content, as well as the usual coordination, cooperation and disciplinary assessment, so as to facilitate the employing department to find unqualified personnel in time and make an early decision. The HR department will also conduct spot checks on these assessments to prevent the employing department from taking revenge based on personal hobbies.
(4) Work tracking. For employees' personal work, the direct supervisor or master should make necessary records, and employees should also make work logs to record their daily work plans and work completion, and also record their work exchanges with each other. There is no strict regulation on the form of records, as long as things are made clear, and the HR department should conduct spot checks.
(5) Management by employing department. The HR department and the vice president should strengthen the supervision and management of various employing departments, especially the probation management of some important positions, and must not let some leaders do it by their own temperament, let alone the small team consciousness and phenomenon with serious personal prejudice. We have seen some department leaders crack down on and crowd out employees who are not from his hometown. This is extremely unfavorable to the team building and future development of the company, so we must use all available resources to give criticism, education and punishment.
(6) all kinds of evidence collection. During the probation period of employees, we require employees, the employing department, the immediate superior and the HR department to pay attention to the collection of all data and facts, and to speak with facts and pay attention to integrity in everything. What can be written, e-mail, voice and other information should be made as much as possible, and witnesses should be made as much as possible if it cannot be formed. No matter whether it can be used in the future, relevant records must be formed.
4. Go through the formalities of becoming a full member.
under normal circumstances, one week before the end of probation period, employees fill in the personal evaluation form for probation period, which is directly evaluated by their superiors. The employing department and HR department evaluate the probation period one after another. Combined with the weekly assessment, the assessment results reach 7 points or above. Those who have no major violation of discipline will be given a formal job, and the leader will give them approval. HR department will publish the list of employees who have been regularized, and the wages and benefits will be implemented according to prior consultation.
5, special circumstances.
if the assessment score is below 69 or there is a major violation of discipline (such as absenteeism for more than 2 days, drunkenness at work, or demerits above, etc.), it will be informed in writing to extend the probation for one month (requiring its signature).
If the examination score is below 6 or there is a more serious violation of discipline (such as absenteeism for less than 3 days, demerit punishment, etc.), the employee will be told in writing that the probation is unqualified (requiring his signature) and the labor relationship will be terminated.
although the above situation is stipulated in the probation period management method, employees already know that it should be handled in this way, but because it affects their personal career or employees' mood, the employing department and HR department need to communicate with employees properly to avoid causing other unnecessary disputes.
6. Two suggestions for probation.
For the management of probation employees, we are prone to make the following two mistakes, so I would like to remind you of two points.
(1) ignore it and let it develop. We once had an employee who was assigned to the employing department in the afternoon after on-the-job training. After arranging his post, he looked at the formulation and learning documents. I asked him the next morning during my inspection. He said that he still arranged to look at the system and learn documents. He didn't arrange for the master to take him and no one else to talk to him. I told the person in charge of the employing department about this, and they said that it would be corrected immediately. As a result, when I went to see it again in the afternoon, the employee had left. I feel that employees have a bad relationship, lack of communication and care, and I am afraid that it will be like this in the future. The work is not fun, so I left? . The above examples clearly tell us that the actual employment situation of the employing department is very important.
(2) if the examination is too strict, it will be effective in the short term. Is it easier for the employing department to ask? Newcomer? Get results early. As everyone knows, even the strongest newcomers need a period of time to get familiar with the company's specific conditions, including processes and systems. It is unrealistic to ask for results within a week or 1 days. Some work will take longer to see results. As long as we keep track of the work process of the newcomers, whether they are working seriously and whether their working methods and skills are appropriate, this is more important. Of course, if a long time or the probation period is about to expire, it is unreasonable that there is no better result.
judging from the provisions of the labor contract law, articles 16 to 21 in Chapter II all strictly stipulate the probation period, requiring the employing department to abide by the law, otherwise, it will be punished according to the relevant provisions in Chapter VII. It can be said that the free space of the employing department in the probation period of employees is very limited, and those behaviors that wander in the legal gap will be supervised by employees and labor departments. If they cannot be corrected in time, they will be punished accordingly.
among various HR certification examinations, HR lawyers are popular at present. In fact, they conduct professional operations in view of the employer's compliance with the labor law, labor contract law, various judicial interpretations and local laws and regulations, so as to avoid the defect that ordinary HR people can't concentrate on studying and being familiar with all labor laws and regulations because of daily tedious affairs. In my opinion, in the case that general enterprises are not equipped with HR lawyers or general enterprise legal consultants who are not proficient in labor laws and regulations, we HR staff can also take time to study and discuss relevant labor laws and regulations to guide our HR behavior to be legal and remind and correct illegal labor behaviors in other departments.
legal risk management of employee's probation period
I. Overview
(I) Concept
Probation period refers to the period included in the labor contract, when the labor relationship is still in an informal state, the employer will assess whether the employee is qualified or not, and the employee will also assess whether the employer meets his own requirements, which is a manifestation of two-way choice.
(II) Legal provisions
The Labor Contract Law has made targeted provisions on the abuse of the probation period and the long probation period.
1. Limit the shortest term of a fixed-term labor contract that can stipulate the probation period, and refine the probation period according to the length of the labor contract on the basis that the longest probation period stipulated in the labor law shall not exceed six months. The specific provisions are: if the term of the labor contract is more than three months, the probation period can be agreed. In other words, the minimum starting point for a fixed-term labor contract to stipulate a probation period is three months. If the term of the labor contract is more than one year but less than three years, the probation period shall not exceed two months; The probation period of a labor contract with a fixed term of more than three years and without a fixed term shall not exceed six months. This is a concrete measure of the Labor Contract Law, which stipulates that the probation period is six months regardless of the situation.
2. The same employer and the same employee can only agree on a probation period once.
this involves the understanding of the nature of the probation period in the labor contract. The probation period refers to the time limit for the employer to further investigate the newly recruited employees' ideological and moral character, labor attitude, practical work ability and physical condition. These situations have been basically clarified during the probation period when hiring workers.
3. In order to curb the phenomenon of short-term employment by employers, probation period cannot be stipulated in all labor contracts.
a probation period may not be stipulated in a labor contract whose term is to complete certain tasks or whose term is less than three months.
4. if the labor contract only stipulates the probation period or the term of the labor contract is the same as the probation period, the probation period is not established, and the term is the term of the labor contract.
II. Legal Risk Management during the probationary period of employees
Article 19 of the Labor Contract Law: If the term of the labor contract is more than three months but less than one year, the probation period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probation period shall not exceed two months; The probation period of a labor contract with a fixed term of more than three years or without a fixed term shall not exceed six months. A probation period may not be agreed upon in a labor contract whose term is to complete certain tasks or whose term is less than three months.
legal risk:
1. It is invalid if the legal part is exceeded
If the agreed probation period exceeds the time specified in the Labor Contract Law, the excess part is invalid. If the labor relationship is maintained beyond the statutory probation period, it will be deemed that the employee has passed the probation period and entered the formal labor contract period. The employee has the right to ask for labor remuneration according to the standard of the formal labor contract period, and the employer may not dissolve or terminate the labor contract according to the provisions of the probation period.
2. Administrative Penalties and Compensation
Article 83 of the Labor Contract Law stipulates that if the employer violates the provisions of this law and agrees with the employee on a probation period, the labor administrative department shall order it to make corrections; If the probation period illegally agreed has been fulfilled, the original employer shall take the monthly salary of the laborer after the probation period as the standard. Pay compensation to workers according to the time that has been performed beyond the statutory probation period. That is to say, if the illegally agreed probation period has been fulfilled, the employer shall pay the employee's salary in accordance with the agreed probation period wage standard, and also in accordance with the labor contract? Turn positive? After the wage standard to pay compensation to workers.
Coping strategies:
1. Strictly abide by legal standards
When the probation period is agreed, the provisions of the Labor Contract Law should be strictly observed, and the standard should not be exceeded:
(1) If the term of the labor contract is less than three months, the probation period shall not be agreed.
(2) If the term of the labor contract is more than three months but less than one year, the probation period shall not exceed one month.
(3) If the term of the labor contract is more than one year but less than three years, the probation period shall not exceed two months.
(4) The probation period of a labor contract with a fixed term of more than three years and without a fixed term shall not exceed six months.
(5) A probation period may not be stipulated in a labor contract whose term is to complete certain tasks.
(6) No probation period shall be agreed for part-time employment.
2. Cleverly set the contract term to make the probation period the longest
In order to make the probation period the longest according to legal standards, enterprises should skillfully set the contract term: for example, a three-year labor contract can have a probation period of six months, but the labor contract has a probation period of two years and 354 days (less than three years), and the probation period can not exceed two months, with a difference of one day and four months. Therefore, the employer can choose an appropriate contract period to set a probation period that is in line with the interests of the enterprise.
for employees who are not sure whether to be employed for a long time, a relatively short labor contract period can be stipulated, but it includes a long probation period. If the contract term is 1 year and 1 month, the probation period is 2 months; The term of the contract is 3 years and 1 month, and the probation period is 6 months.
In addition, try to avoid holidays during the probation period, such as the Spring Festival. Otherwise, due to holidays, employees have less working hours, and the probation period that can be used for inspection is actually very short.
3. Legal risk management of employee's resignation during probation
The Labor Contract Law stipulates: work