Recruitment System And Prevention Of Legal Risks In Employment

The entry examination is a process to verify the identity and resume of the recruits.

In the process, applicants are required to provide authentic identity certificates, academic certificates, resume certificates and health certificates.

1., the resume proves that it is a proof of the applicant's learning and work experience, and that the personnel who have not terminating the labor contract relationship with the original unit or those who have the obligation of prohibition of business strife shall be prevented from entering the enterprise.

The ninety-first provision of the labor contract law stipulates that employers who employ other workers who have not yet terminated or terminated the labor contract with other employers have caused losses to other employers, and should be jointly and severally liable.

Therefore, in the process of entry examination of new employees, enterprises should require applicants with job histories to provide written proof of the termination of labor relations with the original employer.

2. the examination of identity cards is also very important.

The Ministry of public security has a special platform for checking the authenticity of citizen identity cards. Enterprises should actively use this platform to check the identity of new recruits.

In practice, how to make up for this loophole when there is a loss of employee identity card and is being processed? It is a good idea to require new recruits to provide "proof of no criminal offense".

This certificate is a certificate issued by the local police station to verify its identity, address and no criminal record after verifying its true identity and family residence. The official seal of the local police station is also attached.

This certification can provide a firewall for enterprises to employ.

The 3. is not strict.

The health condition of the applicant leads to an unhealthy employee entering the company. According to the forty-second provision of the labor contract law, the employer may not terminate the labor contract during the prescribed medical period when the worker is sick or injured.

In addition, even if the medical period expires, the employer's rescission of the labor contract is strictly limited.

Therefore, if the health condition of applicants is not strictly examined in the recruitment process, the employer will pay a considerable cost of employment afterwards.

Enterprises in the process of recruitment

It should not be underestimated.

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"Article fourth stipulates that the employing units shall publicized the rules and regulations and major matters directly related to the vital interests of laborers, or inform workers.

The eighth provision stipulates that when employing units to recruit laborers, they shall faithfully inform workers of their work contents, working conditions, working places, occupational hazards, safety production status, labor remuneration, and other circumstances required by workers.

How to fulfill the obligation of disclosure? This requires a legitimate publicity and notification procedure on matters concerning the interests of employees.

In practice, the court's examination of this point mainly depends on whether the publicity procedure has been passed.

The court recognised the various ways, such as internal website announcement, e-mail pmission, publicity column announcement, employee handbook, rules and regulations training examination and so on.

In view of the three publicity methods, such as website announcement, e-mail pmission and bulletin board announcement, it is not easy to give evidence.

Therefore, enterprises in the publicity as far as possible in written form.