First, the legal risks when recruiting employees.

Risk 1: employees who have not dissolved or terminated their labor relations with other units cannot be recruited, otherwise, if losses are caused to other units, they will be jointly and severally liable for compensation with the recruited employees. This is mainly aimed at professional technicians, designers and senior managers, especially those in the same industry. Such personnel often sign a non-competition agreement or confidentiality agreement with the original employer, and will face high compensation once they breach the contract.

Risk 2: potential diseases or occupational diseases. According to the law, if an employee is sick or injured at work, the enterprise cannot terminate the labor contract within the prescribed medical treatment period. If the enterprise recruits such employees, it will not only be unable to enjoy the labor value, but also pay extra sick pay, won't it be wronged? If the recruited employees have occupational diseases, then unless the current unit can prove that the occupational diseases are caused by the occupational hazards of the previous unit, the current unit will bear all the treatment expenses for occupational diseases and work-related injuries, which is even greater.

Lawyer's suggestion: When recruiting employees, enterprises should design special registration forms and employee employment declarations. In addition to requiring employees to provide necessary resumes and fill in employment application forms, employees should also be required to provide proof of the termination of the labor contract with the original employer, and new employees must be required to undergo employment health examination.

Second, the legal risk of not signing a written labor contract

Risk 1: Pay double remuneration to workers: Pay double monthly salary to workers from the second month to the day before the expiration of one year.

Risk 2: forming an open-ended labor contract: legally, it is directly regarded as an open-ended labor contract between the employer and the employee.

Lawyer's suggestion: after employment, the enterprise must sign a written labor contract with the employee within one month. If the employee refuses to sign the contract, the enterprise should immediately terminate the labor relationship with him without paying economic compensation, otherwise, even if it is terminated for more than one month, it will pay economic compensation.

Third, the legal risk of employees leaving without saying goodbye.

Employees leave their jobs without authorization, and most employers fail to go through the formalities of dissolving labor contracts in time according to the procedures prescribed by law. Once employees come back to claim wages, overtime pay and economic compensation, most enterprises will face the embarrassing situation of losing the case.

Lawyer's suggestion: If an employee leaves his job without authorization, the employer must operate seriously, rigorously, normatively and meticulously. First, a notice should be served in written form, limiting the workers to return to work within the prescribed time limit, and putting forward measures for not returning to work after the time limit; Secondly, when the laborer leaves his job without authorization and reaches the standard of terminating the contract, the employer shall exercise the right to terminate the labor contract in time and serve a notice of terminating the labor contract in written form, informing him to handle the handover and resignation procedures.

Fourth, the risk of not paying social insurance.

Late payment fees and administrative penalties (5/10000 of late payment fees shall be added on a daily basis, and a fine of more than one time and less than three times the unpaid amount shall be imposed); Employees can terminate the labor contract at any time and ask the enterprise to pay economic compensation and compensate for losses; The employer shall bear all work-related injury benefits by itself.

Lawyer's suggestion: In reality, many enterprises state in their labor contracts that employees do not require the unit to pay social insurance premiums for them, or that social insurance premiums have been calculated and paid directly to employees, or that employees have issued a declaration of voluntary non-application for social insurance. This agreement is invalid. Even if the employer buys commercial insurance such as group accident insurance or employer liability insurance for employees, it cannot replace social insurance.

Legal risks in the rules and regulations of verb (verb)

It violates the three elements of "democratic procedure, legal content and openness" and has no legal effect.

According to the provisions of the Labor Contract Law, the rules and regulations formulated by the employer that involve the vital interests of workers or decide on major issues must go through democratic procedures and be publicized to workers, otherwise they cannot be used as a legal and effective basis for dealing with workers. If employees are dismissed in this way, not only will this dismissal be considered illegal, but workers will also be compensated according to double economic compensation. In addition, the content of enterprise rules and regulations can not be contrary to laws and regulations, otherwise the provisions are invalid.

Lawyer's suggestion: Rules and regulations are important documents in all aspects of enterprise management, and are also the basis for arbitration and court decisions. It is an important thing for any enterprise to formulate a set of standardized, rigorous and meticulous rules and regulations in strict accordance with the law. First of all, the formulation subject must be clearly defined as an enterprise, such as formulating and publishing in the name of an office or department, which cannot be used in controversial cases; Secondly, the content of rules and regulations should be not only legal, but also reasonable; Third, the formulation must follow democratic procedures, be discussed by the workers' congress or all the workers, and be determined through equal consultation; Fourth, rules and regulations must be publicized to employees after they are formulated. Evidence should be preserved in the above process, otherwise the arbitration tribunal or the court will not accept the rules and regulations when there is a dispute.