How does HR reduce the risk of losing labor disputes?

How does HR reduce the risk of losing labor disputes?

How does HR reduce the risk of losing labor disputes? In the event of a labor dispute, an enterprise will pay a certain amount of compensation and its corporate image will be damaged. Therefore, how to effectively avoid labor disputes deserves the attention of enterprises. How does HR reduce the risk of losing labor disputes?

How should HR reduce the risk of losing labor disputes? 1 The main reasons why the unit lost the labor dispute are: incomplete evidence; The operation is illegal; The operation is unreasonable.

1. What evidence should be kept when establishing labor relations?

(1) Preserve evidence to deal with false resumes.

(2) Keep the evidence to prove it is true. Enterprise introduction, work introduction and other truthful statements.

(3) Require proof of ending the relationship. Require employees to provide written proof of the legal termination of labor relations.

(4) Sign or terminate the contract in time. If the employee refuses to sign the contract, he must immediately send a notice asking for it. If he still refuses to sign, he will be informed to terminate the contract. These notices can be retained by email, SMS, recording, express delivery and comprehensive methods. With this step, the loss of the unit will stop.

(5) Keep the contract text properly. When signing a contract, employees should be required to sign it in person, and they can't take it back to sign it.

Second, what evidence should be retained to terminate the labor contract?

(1) Employees should keep the evidence of resignation for personal reasons. Require employees to sign a written application for resignation and state their personal reasons. If an employee leaves without saying goodbye, he shall notify in writing "come to work immediately, otherwise it will be treated as absenteeism, and if he leaves his job automatically, please go through the handover procedures".

(2) the dismissal of the unit shall retain evidence that conforms to legal reasons. Unit dismissal is divided into negligent dismissal, non-negligent dismissal and layoffs.

For example, if you are dismissed on the grounds that the probation period does not meet the employment conditions, you must form evidence to prove that you do not meet the employment conditions before you are dismissed. But also includes the employment conditions determined in writing in advance and the assessment or evaluation materials that do not meet the index.

If the employee is dismissed on the grounds of serious violation of discipline, he shall keep the evidence of serious violation of discipline at the time of the incident, such as personal description, written criticism, announcement of rewards and punishments, photography, audio and video recording of events or results, explanations of other employees, minutes of meetings to investigate the incident and announce the results, etc.

In case of dismissal on the grounds of incompetence, it is necessary to keep evidence of incompetence and/or rearrangement of new posts, such as performance objectives and records, assessment materials, work negligence records, improvement notices or improvement plans, etc.

Among the above evidences, the one signed by myself is the most effective, and the one formed on the spot is more effective.

(3) Negotiate and publish the evidence provided or agreed by employees. When employees take the initiative to propose, they need to sign an agreement to make it clear that employees propose to terminate the labor contract.

3. What evidence should be kept when the labor contract is terminated?

(1) Evidence that employees are unwilling to renew their contracts. If an inquiry letter for renewal intention is sent out before the expiration of the contract, the employees who are unwilling to renew the contract are required to sign for confirmation, or both parties sign the interview record at the expiration of the contract for confirmation.

(2) Sign the closing statement. Sign the contract termination statement when settling the salary, clearly stipulate the reasons for termination (who is unwilling to sign), the amount of economic compensation, the official resignation date, whether there are other disputes, etc.

(three) after the expiration of the need to continue the handover, it shall be explained in writing. The work after the expiration is only a written statement necessary for the handover, which does not mean that the two sides re-establish labor relations.

(4) Be careful not to update the notice. It is suggested to send a renewal inquiry letter first, and ask for the opinions of employees first.

Four, which illegal acts will bring significant risks to the unit and must be eliminated?

(1) Do not sign the labor contract.

(2) The probation period exceeds the legal standard.

(three) the rules and regulations do not meet the procedural requirements.

(4) Rules and regulations are illegal.

(5) Failing to implement salary reduction according to law. Need to negotiate; The conditions, scope and procedures of wage adjustment are clearly stipulated in the labor contract, and under what circumstances will the company reduce the wages of employees and adjust the proportion. Increase the bonus ratio, stipulate that the bonus will fluctuate with the company's benefits and personal performance, and stipulate the floating method. Adjust the post on the grounds of incompetence, and then adjust the salary after adjusting the post. Of course, such operations should be supported by rules and regulations, and corresponding evidence should be kept.

(6) Failing to dismiss according to law. In addition to negligent dismissal, there is also financial compensation.

(7) Qualified personnel shall not sign open-ended contracts.

(8) Failing to pay social insurance according to law.

(9) Dissolution or termination or dismissal without a certificate.

(10) Recruiting employees do not need to provide resignation certificates.

HR How to Reduce the Risk of Losing Labor Disputes 2 Administrative Measures

Within the enterprise, the "offensive words" should be put in the first place. According to the labor law, the enterprise can form a system for any labor dispute that loses the case-for the proposal of "layoffs, dismissal of employees and termination of labor contracts", the leader or leading group should implement a traceable administrative responsibility commitment system, that is, whoever proposes, makes decisions and bears the administrative leadership responsibility. Loss according to 1%- 10%, 1 1%-50%, 5 1%-90%, 91%-kloc-0/00%. Where the leading bodies make collective decisions, the leading bodies bear collective responsibilities, among which the responsible persons bear more administrative responsibilities, and the leading bodies are criticized and punished accordingly.

economic means

Enterprises have to spend a certain amount of money in the process of handling labor disputes, so enterprises can set up separate accounts and transfer them to enterprise costs. If the enterprise loses the case, in addition to the economic compensation paid to the complainant, other expenses can be called "labor dispute risk expenses", which are all borne by the proposer and the decision-maker. Among them, the proposer bears 40%, the decision-maker bears 60%, the leader who leads the collective decision-making bears 50% of the decision-making risk expenses, and other leading members who participate in the decision-making bear 50% of the decision-making risk expenses.

legal means

It is necessary to train and examine the labor law for the leaders in charge of labor and personnel relations, the heads of functional departments, employees and other relevant personnel. Those who fail the examination cannot be in charge of the enterprise and engage in labor and personnel relations. The functional departments and relevant leaders in charge of handling labor and personnel relations in enterprises should eliminate the psychology of "scratching the ball", put an end to the psychology of "maliciously forcing employees to resign" and "calculating employees", act in strict accordance with the labor law, and handle all possible labor disputes according to the labor law.

Cultural means

To establish communication and adjustment channels for labor disputes within enterprises, enterprise leaders should be good at identifying the real motives of proponents and the decision-making motives of leaders in charge of labor and personnel relations, so as to avoid the influence and interference of individual behaviors of individual leaders and cadres out of selfish distractions on the normal and healthy decision-making behavior of enterprises. From the point of view that labor disputes may bring corporate image loss, we attach great importance to all events that may cause labor disputes and reduce labor disputes to a minimum. Strengthen the exchange of ideas and communication, enhance the adjustment function of labor disputes within enterprises, and eliminate possible labor disputes in the bud.

Any employee who has not seriously violated the laws and regulations of the enterprise and does not have the ability to learn adaptive skills should be treated by the enterprise from the perspective that employees are "social employees". Enterprises should put themselves in the shoes of the inconvenience and life pressure that layoffs, dismissals and dissolution of labor contracts may bring to relevant employees, and provide all favorable and convenient conditions for social security and reemployment after unemployment as much as possible, and don't throw employees out as "baggage".