The system must be binding on workers, and democratic procedures are a prerequisite, but the most important thing is to publicize or inform. What are the feasible methods of publicizing or informing? What methods are used in various situations? Which method is most effective?

1. Notification through electronic data

The Interpretation of the Supreme People’s Court on the Application of the Civil Procedure Law of the People’s Republic of China (Supreme People’s Court on December 18, 2014 Article 116 (Adopted at the 1636th Meeting of the Court’s Adjudication Committee) stipulates that audio-visual materials include audio-visual materials and video materials. Electronic data refers to information formed or stored in electronic media through emails, electronic data interchange, online chat records, blogs, microblogs, mobile text messages, electronic signatures, domain names, etc. For audio recordings and video materials stored in electronic media, the regulations on electronic data shall apply. The following two types are typical electronic data:

(1) Email delivery documents

(2) Publicity of OA system

From the perspective of evidence rules , needs to be notarized, but if the other party confirms it or it is highly probable, it can also have a high degree of probative power. As for e-mail, if it can be proven through operation in court, some places also recognize its effectiveness.

Applicable objects:

It is best to stipulate in the contract that these two methods are effective delivery methods, especially for emails. The employee’s electronic mail address should be clearly stated in the employment contract. Mail.

2. Public announcement

(3) Public announcement on the bulletin board

The author believes that this is the most effective way, but some people disagree and think that this It is difficult to prove the authenticity through this method, because in practice employers often make up for it. Some people also suggested taking pictures of the day's newspapers to prove the authenticity, but in fact this method only adds some credibility and does not rule out the possibility of redoing it.

Our suggestion is that you can ask a notary to notarize this. It is best to notarize it twice or more, then the worker will have nothing to say. Among the cases that the author has presided over in arbitration, the worst evidence I have ever seen is to directly print a piece of paper, and then say that the employees were notified on the bulletin board, and the corresponding content is the printed content! I directly concluded that the employer did not inform me. I wonder if the attorney understood it and reinforced it when I went to court.

Applicable objects:

This method is particularly suitable for large-scale production enterprises with a large number of people. In addition, it is also particularly effective for some employees who are unwilling to sign for the system and inform them.

3. Sign to confirm that it has been read

(4) Employees confirm in the system notification letter

This method sounds good, but in practice, after employees join the company When asked to sign such notice, many employees were unwilling to cooperate.

(5) Clarify some common systems in the entry registration form

Especially the reward and punishment system. Of course, it would be better if the names of these systems are handwritten by employees.

(6) The corresponding system that has been clearly informed in the labor contract

The above method of signature confirmation should be paid attention to in practice:

1. Signature requirements For face-to-face signatures, if the employee is willing, it is best to also take fingerprints, so as to avoid the authenticity of the signature being unable to be confirmed;

2. The employee’s handwriting “has no objection to the system and is willing to abide by it” to prevent employees from denying the rationality of the system in the future. .

IV. Training and learning

(7) The training and learning sign-in form confirms the fact that the system has been trained

Attention should be paid to:

1. Clarify the time and place elements, and mark the content at the same time;

2. When there are many people training, there will be situations where people sign on behalf of others or sign randomly, so be careful to avoid it.

5. Examinations

(8) Assessment of learning outcomes of rules and regulations

Everyone can get high scores through open-book examinations.

6. Delivery System

(9) Delivery in person

Of course, this also requires signature confirmation.

(10) Delivery by express delivery

For individual employees who refuse to sign for delivery, they will be delivered by EMS to the mailing address. Remember to indicate the contents of the express delivery in the remarks.

Other suggestions:

1. The name of the system must be accurate and do not use abbreviations to avoid ambiguity;

2. Notification and delivery of the system It is best to specify the method of communication in the labor contract;

3. As for the email address, valid mailing address, etc., they are extremely important terms in the contract and must be stated.