In labor disputes, the enterprise losing rate is as high as 80%?

2022-04-25 0 By

According to relevant data, the rate of enterprise failure in labor dispute cases is as high as 80%. In labor and employment management, there are often many “minefields” hidden, and enterprises are often struck by minefields carelessly.How to effectively, reasonably and legally prevent and deal with the legal risks of employment management is a problem that enterprises must face in the process of operation and management.What are the common labor risks?How should companies guard against it?1. The formulation and modification of enterprise rules and regulations must follow the democratic procedure of the labor contract Law, and must be publicized to the workers. The contents must conform to the legal provisions; otherwise, the rules and regulations cannot be used as the basis of the enterprise’s employment management.It is suggested to keep written evidence of the discussion and negotiation of rules and regulations in the staff congress or all staff, and keep the signing and receiving records of employee manuals, signing records of rules and regulations training, and examination papers of rules and regulations, etc.2, establish the concept of contract before employment, the latest must be within one month from the date of employment to conclude the labor contract;If the laborer continues to work in the employing unit after the termination of the labor contract, the contract shall also be concluded within one month.If do not sign written labor contract with laborer, laborer has authority to request enterprise to pay double salary, and can put forward to resign at any time, do not assume liability for breach of contract.If the laborer refuses to sign the labor contract, it is suggested to retain relevant evidence such as notice of contract signing to the laborer, so as to avoid the risk that the laborer is unwilling to sign a written labor contract with the enterprise and then asks the enterprise to pay double wages.3, in order to prevent the enterprise senior management, senior technicians and other personnel with a confidentiality obligation after leaving office, and to other unit of choose and employ persons or to start his own company engaged in the business of non-compete, suggestion and they appointed commercial secrets and intellectual property rights related confidential matters, signed a non-compete clause at the same time, the definition of the non-compete, geographical and time limit,Compensation shall be given within the period of competition restriction.4, enterprises arrange workers to work overtime, should pay overtime wages.For the workers who need to implement the irregular working hour system and the comprehensive working hour system due to the nature of the job and the characteristics of the job post, it is suggested to apply for the approval of the labor administrative department in time, and at the same time, pay attention to keep the attendance records confirmed by the workers, so as to avoid the difficulty of providing proof when there is a dispute over the fact of overtime.5. It is suggested to pay social insurance premiums for workers in a timely manner in accordance with the law, otherwise the enterprise may face the risk that the workers may demand to terminate the labor contract and pay economic compensation on the grounds of this.6, suggested the enterprise change the labor contract with laborer jobs, wages, etc, must through the written labor contract, payroll, change of position, notice of change shall be written records, such as writing, and confirmed by the workers, so that when there is a dispute to adjust legitimacy and rationality of wages to labourers jobs and bear the burden of proof.7, during the probation period for workers shall enjoy the right to unilaterally terminate, should be clearly defined recruitment requirements and hired by sending a letter, in the labor contract agreement, such as rules and regulations specified in the way of the public to laborer employment conditions, suggested that completes the inspection work, during the probation period does not satisfy the conditions for employment of the worker terminates the contract in time,Otherwise, higher dismissal costs will be paid after the probation period.8 in laborer is a serious violation of rules and regulations, the enterprise shall enjoy the right to unilaterally terminate such as case, it is suggested that the enterprise’s rules and regulations or in the employee handbook for serious disciplinary violations, such as significant damage to make clear the regulation of quantitative, at the same time pay attention to keep the worker serious disciplinary violations, which causes great damage to the enterprise, the serious influence of the facts, to avoid the dispute of proof cannot.9. When the enterprise and the laborer terminate the labor contract or terminate the labor contract, they shall terminate or terminate the labor contract in accordance with the circumstances and procedures prescribed by law, and shall pay the economic compensation to the laborer in time according to law, otherwise they will face the punishment of paying 50% to 100% or even twice the economic compensation.10, workers unilaterally terminate the labor contract is the right given by the law, enterprises should not only protect their freedom to resign according to law, but also pay attention to standardize their resignation behavior.It is suggested to retain written evidence such as the resignation letter submitted by the laborer to prove whether the laborer exercised the right to terminate the contract according to law.11, after the termination of the labor relationship, the employing unit fails to submit the list of laborers, files to the social insurance agency within the specified period of time, so that the laborer can not enjoy unemployment insurance treatment, the employing unit shall bear the liability for compensation, it is suggested to submit timely handling after the termination of the labor relationship.In the process of enterprise operation and management, it is inevitable that there will be labor disputes. If improperly handled, the enterprise may face a large amount of economic compensation. Moreover, relevant evidence and materials unfavorable to the company have been formed when the decision is made, and it is difficult to remedy them through subsequent methods.Therefore, if the relevant procedures are not improved before the labor relationship changes, or the risks are not identified in time, the company will face the risk of losing in the later litigation.Legal counsel can assist enterprises to properly deal with labor disputes, provide legal services at all stages of labor contract signing, performance, termination, renewal and employment.In order to reduce labor disputes and avoid employment risks, it is necessary for enterprises to hire professional legal advisers to help them deal with labor employment problems, employ workers in accordance with the law, and build harmonious labor relations with employees.