Can you tell me about the five major changes that the new labor law has brought to the human resource management of Chinese enterprises?

it's a little long, take your time ~! With the promulgation and implementation of the new "Labor Contract Law", the HR management of enterprises will inevitably undergo corresponding changes to adapt to the new legal environment. The new labor law has changed HR in the following five aspects: 1. HR management reform-making the mission of all managers a reality. For quite a long time, many enterprise managers have mistakenly believed that HR management is the task of HR departments and their staff, and has little to do with line managers. The HR management departments of many enterprises have not well mobilized and brought into play the role of relevant production department managers in HR management.

However, with the implementation of the Labor Contract Law, "effectively managing talents is the mission that all presidents must undertake" will no longer be a slogan. Can all managers participate in the HR management of enterprises? It will be one of the keys to the success or failure of enterprise HR management to take HR management as its mission. According to the provisions of the Labor Contract Law, if the managers of the relevant departments of the enterprise do not cooperate with the HR management department of the enterprise to do a good job in HR management, it may make the enterprise management passive and even make the enterprise suffer losses; It is possible that people who should enter can't get in, but people who shouldn't come in come in; The employees who should be dismissed can't be dismissed, but the employees who shouldn't be dismissed have left.

article 7 of the labor contract law stipulates that "the employer shall establish a labor relationship with the employee from the date of employment. The employer shall establish a roster of employees for future reference. " At the same time, according to the provisions of Article 13, "If the employer fails to conclude a written labor contract with the employee for one year from the date of employment, it is deemed that the employer and the employee have concluded a labor contract with no fixed term." Article 82 specifically stipulates that "if the employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly salary." Thus, once the relevant business departments of the enterprise employ workers without the approval of the HR management department, even if the enterprise has not signed a contract with the employee, as long as the actual employment time is over one year, the employee can ask the enterprise to confirm that it has formed an open-ended labor contract with the enterprise. Similarly, if the relevant business departments do not cooperate with the HR management department of the enterprise, it proves that the reason why the enterprise failed to sign the labor contract with the laborer in time is due to the laborer's reasons, and the enterprise has to suffer economic losses by paying the laborer twice the salary.

therefore, for HR management departments and managers of enterprises, they should not only become partners of relevant departments of enterprises, but also make relevant departments and their managers become partners of HR management departments. Second, HR recruitment and change-the importance of personnel recruitment and dismissal highlights the promulgation and implementation of the Labor Contract Law, which makes it undesirable for enterprises to recruit and use employees regardless of cost for a long time.

(1) The probation period in recruitment must be used with caution

For a long time, many enterprises have abused the probation period of new employees, on the one hand, they have extended the probation period of new employees in moderation, on the other hand, they have excessively depressed the salary of employees during the probation period, and even adopted the extreme practice of "zero salary" during the probation period to squeeze new employees. With the implementation of the Labor Contract Law, all the above practices will be regarded as illegal.

First of all, the Labor Contract Law clearly stipulates the probation period for new employees according to different situations. According to the provisions of Article 19, if the term of a 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. Moreover, the same employer and the same worker can only agree on a probation period. 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. The probation period is included in the labor contract. If the labor contract only stipulates the probation period, the probation period is not established, and this period is the term of the labor contract. Therefore, it is required that the enterprise must determine whether the probationary employee is the employee needed by the enterprise in a relatively short time when recruiting. That is to say, before and during the probation, we should judge the quality of the subjects with the help of scientific means and methods, so as to improve the efficiency of HR recruitment and probation, and choose the right employees to be assigned to the right positions.

Secondly, the lower limit of the salary and remuneration of employees during the probation period is clearly restricted. According to the provisions of Article 2 of the Labor Contract Law, the wages of workers during the probation period shall not be lower than the lowest wage of the same position in the unit or 8% of the wages agreed in the labor contract, and shall not be lower than the minimum wage standard where the employer is located.

(II) Do a good job in the cost accounting of employee recruitment and dismissal

The Labor Contract Law clearly stipulates the economic compensation for the employer and the employee to terminate the labor contract. Article 46 stipulates that in any of the following circumstances, the employer shall pay economic compensation to the employee: (1) the employee terminates the labor contract in accordance with the provisions of Article 38 of this Law; (2) The employing unit proposes to terminate the labor contract with the employee in accordance with the provisions of Article 36 of this Law and reaches a consensus with the employee to terminate the labor contract; (3) The employer terminates the labor contract in accordance with the provisions of Article 4 of this Law; (4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law; (5) Terminating a fixed-term labor contract in accordance with the first paragraph of Article 44 of this Law, except that the employer maintains or improves the conditions stipulated in the labor contract to renew the labor contract and the employee does not agree to renew it; (6) The labor contract is terminated in accordance with the provisions of Item 4 and Item 5 of Article 44 of this Law; (seven) other circumstances stipulated by laws and administrative regulations. Article 47 further stipulates that the economic compensation shall be paid to the laborer according to the number of years he has worked in the unit and the standard of paying one month's salary for each full year. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers.

As a result, some enterprises in China, especially many enterprises in the Pearl River Delta region, will not be able to adapt to the new requirements under the long-term HR management model with high employee turnover rate, and the employment practice of only using adolescence without menopause will be contrary to the provisions of the Labor Contract Law. That is to say, if employees and enterprises have established formal labor relations, and enterprises feel that the recruited employees do not meet the requirements of enterprise development and want to dismiss employees, then enterprises have to bear the responsibility of economic compensation.

in order to reduce the economic compensation that must be paid to terminate the labor contract, enterprises should start from the source of employees' entry, that is, from the recruitment of employees. It is necessary to determine the recruitment plan according to the enterprise development and job requirements, and do not sign long-term labor contracts for short-term employment, and do not sign them once a year for long-term employment; It is necessary to reduce the cost of dismissing workers by ensuring good recruitment and selecting those workers who meet the long-term development requirements of enterprises to enter enterprises; It is also necessary to avoid long-term short-term employment through good recruitment, increase the staff burden of enterprises and affect the realization of enterprise HR management strategy.

(3) It is necessary to make a good plan for the difficulty of layoffs and strive to achieve the optimal allocation of HR

The layoffs of users of the Labor Contract Law are restricted. Employers can no longer dismiss employees at will as in the past; It is not entirely up to the employer to decide who will be laid off. The scale of layoffs and the target of layoffs must be determined in accordance with the prescribed procedures under the conditions stipulated by law, and at the same time, large-scale layoffs should be minimized.

Articles 41 and 42 of the Labor Contract Law clearly stipulate and restrict the situations in which employers lay off employees and dismiss workers. Therefore, HR managers of enterprises are required to consider the possible layoffs in the future when determining the recruitment plan, so as to plan ahead. Rationalization of HR structure allocation will no longer be just a slogan on paper. HR management in enterprises must always adhere to the principle of reasonable structure and proper collocation, and do a good job in allocation, so as to optimize the age distribution, education distribution, skill distribution and gender distribution of employees in enterprises, so as to avoid that once enterprises have to lay off employees for development needs, the rest will be "old, weak, sick and disabled".