Course outline of legal risk prevention of labor and employment

Legal risk prevention of labor and employment

Course purpose: to promote the construction of harmonious labor relations and cultivate professional and high-quality managers.

Course tenet: love employees, protect rights and interests, manage relationships and be smooth!

Course duration: 0.5-2 days (adjust the course outline according to the class hours)

course syllabus

Chapter I: Labor Contract Management

The purpose of this chapter is to standardize the management of labor contracts.

First, the establishment of labor relations.

1. Generally, it is ideal.

While concluding labor contracts and recruiting workers

2. Special circumstances are the most common.

(1) Get employment first, and then conclude a labor contract.

(2) conclude a labor contract before employment.

Second, the term of the labor contract

1. Fixed-term labor contract

2. Open-ended labor contract

3. A labor contract whose term is to complete a certain task.

Three. Labor contract terms

(1) required clauses

1. Name, domicile and legal representative or principal responsible person of the employing unit.

2. The name, address and resident ID number or other valid ID number of the employee.

3. Term of labor contract

4. Work content and work place

5. Working hours and rest and vacation

6. Labor remuneration

7. Social insurance

8. Labor protection, working conditions and occupational hazard protection

9. Other matters that should be included in the labor contract as stipulated by laws and administrative regulations.

(2) agreed terms

1. probation clause

2. Training agreement

Case: training service period and penalty case.

3. Confidentiality agreement

4. Non-competition agreement

Four. Conclusion of labor contract

1. Inform employees of the information of the company.

2. Employee background investigation

3. Prepare the contract text and sign the contract.

Thinking: What should the employer do if the laborer does not conclude a contract with the employer?

Case: The legal responsibility of the enterprise if the laborer fails to sign a labor contract with the enterprise.

Thinking: If there is no labor contract, how to identify the labor relationship between the two parties?

Case: The legal responsibility of the enterprise when a worker uses another person's ID card to join the company and suffers work-related injuries.

Verb (abbreviation of verb) is invalid labor contract

1. Invalid reason

2. Invalid legal consequences

Case: The company can terminate the labor contract if the employee provides false work experience through fraud.

Alteration of intransitive verb labor contract

1. Change procedure

2. Change the precautions

Case: the laborer does not agree to change the terms of the labor contract, and the change of the labor contract is invalid.

Seven. Changes in employers

1. change of employer's organizational entity

Case: Change of Legal Representative and Investor of the Employer

2. Changes in employers' organizational entities

Case: Company A buys Company B and only takes over some employees of Company B. How to operate?

Eight. Termination and rescission of labor contract

1. The difference between termination and dissolution

2. Legal liability for illegal termination/rescission

Case: the legal responsibility of the employer to terminate the labor contract illegally.

Thinking: Why should employees sign the Agreement on Dissolution of Labor Contract when they leave their jobs?

Case: Pregnant female employees seriously violate the company's rules and regulations, and the company can terminate the labor contract according to law.

Thinking: Can employees with insufficient social security 15 ask the company to pay economic compensation when they reach retirement age?

Thinking: How to deal with labor contracts when employees with insufficient social security 15 reach retirement age?

Thinking: The content of the agreement to terminate the labor contract through consultation is illegal. Can employees apply for arbitration?

Thinking: When the labor contract expires, is it necessary to renew the labor contract of female employees during pregnancy and childbirth?

Nine, employee exit interview

1. Principles and skills of exit interview

2. Matters needing attention in exit interview

X. Countermeasures for preventing and handling disputes

1. Do a good job of collecting and sorting out evidence.

2. Choose a reasonable way to deal with labor disputes

3. Strengthen the supervision and inspection of the labor law.

4. Strengthen the publicity of employers.

5. Strengthen corporate social responsibility awareness

Thinking: Where is the labor dispute arbitration? Who is the burden of proof? Who advocates, who gives evidence.

XI。 Summary of this chapter

Worship morality is the happiest, and obeying the law is the freest.

Chapter II: Construction of Labor Laws and Regulations

The purpose of this chapter is to establish standardized enterprise labor rules and regulations.

First, the connotation of labor rules and regulations

1. shall be formulated by the employer in accordance with legal procedures.

2. It is determined by the employer and the employee through equal consultation.

Second, the legal basis for the formulation of labor rules and regulations

2. Labor law

3. Labor Contract Law

4. Company Law

Third, the importance of labor rules and regulations.

1. is the guarantee for the normal operation of the enterprise.

2. It is the basis of enterprise rewards and punishments.

3. It is a sharp weapon for both employers and employees to safeguard their rights.

Four. Effective elements of labor laws and regulations

1. Legitimate entity

2. The content is legal and reasonable.

3. The procedure is legal.

Verb (abbreviation of verb) means of propaganda of labor laws and regulations

1. Publicity methods: website or e-mail, bulletin board, employee handbook, training, and attachment of labor contract.

2. Legal consequences of non-disclosure

3. Proof of publicity

Matters needing attention in formulating labor rules and regulations with intransitive verbs

(A) the recruitment system

1. Avoid discriminatory content.

2. The employment conditions are higher than the recruitment conditions.

3. Use the letter of appointment carefully

4. Background check

5. Term of labor contract

Case: Probation period dispute case.

(2) Training system

1. Sign the agreement.

Step 2 keep information

Teach what you have learned.

Case: training service period and penalty case.

(3) Performance appraisal system

1. Probation evaluation

2. Formal contract period evaluation

Thinking: Pay an extra month's salary, is it the average salary of 12 months before leaving the company?

(D) Salary and welfare system

1. Minimum wage

2. Pay social insurance in full.

3. Equal pay for equal work

4. Overtime pay

Step 5 set aside time

Case: The salary during the probation period is lower than the local minimum wage, and employees are not allowed to purchase social security during the probation period.

(5) Attendance system

1. Electronic Attendance Employee Confirmation

2. Three working hours systems: standard working hours system, comprehensive working hours system and irregular working hours system.

Case: The company attendance management method is illegal and cannot take effect.

Case: The employee's leave formalities are illegal, and the company terminates the labor contract.

(6) Vacation

1. Marriage leave

2. bereavement leave

3. Nursing leave

4. Maternity leave

5. Personal leave

6. Sick leave

7. Annual vacation

Thinking: Do employees who have not taken annual leave ask the company for annual leave salary when they leave, and pay 200% or 300% of the daily salary?

Case: Can employees enjoy annual leave when they join the company?

Case: Can employees enjoy the annual leave of the year after leaving the company?

Seven. Technical requirements formulated

1. The content should be basic and targeted.

2. The format is standard and the content is complete.

3. Strict language

4. Specify other necessary terms.

Eight. Necessary conditions for implementation

1. Effectiveness

2. Operability

3. Clarity of the executing agency

4. Applicability of scope

Nine. Supervision and inspection of the implementation process

1. Time limit for supervision and inspection

2. Supervision and inspection methods

3. The results of supervision and inspection

X. Common problems in implementation

1. Official

2. Disadvantages

Step 3 enlarge the photo

4. Deviation

XI。 Illegal handling method

1. Revise and improve labor rules and regulations.

2. terminate the labor contract and compensate for economic losses.

3. The labor administrative department shall order it to make corrections.

Twelve. Revision principle

1. The principle of equal treatment

2. The principle of necessity

3. The principle of last resort

Case: it is clearly stipulated that employees seriously violate labor rules, regulations and standards, and there are laws to follow in dissolving labor contracts.

Thinking: How to deal with the conflicts among labor rules and regulations, collective contracts and labor contracts?

Thinking: How to deal with the collective stoppage of workers during the revision of labor rules and regulations?

Thirteen. Summary of this chapter

It's very important to obey the rules and discipline, and the world is wide with the law.

Chapter III: Prevention of Labor Conflict

The purpose of this chapter is to prevent labor conflicts.

First, the significance of labor conflict prevention

1. Conducive to maintaining harmonious and stable labor relations.

2. It is conducive to the improvement of economic benefits of enterprises.

3. It is conducive to protecting the legitimate rights and interests of employees.

4. It is conducive to reducing the cost of conflict resolution.

Second, measures to prevent labor conflicts