Manpower Measures For Project Construction Under The Labor Contract Law

stay Labor Contract Law In the context of implementation, Project construction management Besides paying attention to its influence on current human resource management mode, labor employment mode and project labor cost, how to adjust project construction Human resource management measures To prevent labor legal risks and effectively reduce the labor cost of project construction within the scope of the law, it is also a topic that project construction management, especially human resource workers, must think deeply about.

Generally speaking, labor law and enterprise human resources management are antagonistic, labor law tends to protect employees' interests, and human resources management is based on the position of enterprises to improve economic efficiency. Under the background of the implementation of the current labor contract law, the survival and development of construction projects requires that they adapt to the requirements of labor laws, transform the concept of human resources management, and alleviate the antagonism between employers and employees, so as to remain invincible in the increasingly fierce market competition.

　　 Characteristics of manpower allocation in project construction

1. a notable feature of project construction is its strong dispersive mobility. It has no fixed work place, and the content of work has changed greatly over time. As a result, the composition of project personnel is also quite different. The use and configuration of project personnel are diverse, changeable and difficult to control. Specifically, project staffing is timely optimized and adjusted according to the progress of construction. In the process of construction, dynamic management is often carried out in the process of construction.

2. construction project as a one-time elastic organization, its personnel composition can be generally divided into two types of management and production: (1) management personnel, project manager is the first person responsible for project construction, and is responsible for the construction production management of this project. The management of other management personnel is mainly from the construction site to adapt to the construction site management, planning, contract, engineering, scheduling, technology, quality, safety, capital, budget, accounting, labor, materials, machinery and subcontracting management needs to configure full-time or part-time personnel; management personnel are generally composed of the inherent staff of construction enterprises. (2) one of the personnel in the production layer comes from the enterprise's own labor organization. It has a fixed work specialty and a cooperative construction team (professional team). The two is foreign auxiliary workers, mainly in accordance with the needs of the project, through supply and demand to meet two-way choice into the construction team of foreign personnel. The three is labor workers, mainly signing labor dispatch contracts with labor companies, clearly identifying the type of work needed, the number of personnel, the time of entry and exit, and the relevant terms of rewards and penalties, and organizing the introduction of external labor force for project construction. The four is the outsourcing sub contracting team, mainly through the conclusion of the project subcontract, organized by the sub contractors to enter the construction staff.

　 Practical problems in project construction human resources management

In recent years, the competition faced by project construction is becoming more and more fierce. However, many construction enterprises still carry the color of old management mode in project management, especially in project human resources management. Nowadays, with the labor law becoming more and more sound, some non-standard practices and phenomena that are inconsistent with the labor contract law still exist, and bring great legal risks to the harmonious labor relations of the project, mainly in the following aspects:

1. labor and employment in construction projects are not standardized.

Due to the long period of formation of construction products and the constantly changing construction sites, the labor demand situation in construction process is constantly changing, so that the flow of construction personnel is very frequent. Various forms of employment behavior are mixed with each other. Under the driving force of short-term interests, the employment management of many construction projects is difficult to meet the standard requirements of the labor contract law, which brings greater legal risks to the project construction. For example, the problem of arrears of wages for migrant workers in the project construction and the issue of different remuneration for the same workers are all legal issues that easily lead to group labor disputes.

2. the phenomenon of overload overtime is hard to restrain.

Many construction projects on personnel, one-sided compression of the normal allocation of construction personnel; when the peak of the project construction personnel are tight, can only take overtime work overload to complete construction tasks, especially in foreign workers, labor workers on the more prominent. This not only brings hidden danger to the safety production of project construction, but also does not match with the existing labor laws, so that enterprise management contains the crisis of labor disputes.

3. the rules and regulations of enterprises are not strict.

Under the background of the labor contract law and the opening of the labor market, many construction enterprises, due to the changes in the external environment and the lack of human resources development planning talents, do not update the rules and regulations of enterprises in time, or the rules and regulations are not well formulated. For example, the construction project must deal with incidents such as theft, fights, quality accidents and other matters, which must be safeguards by strict rules and regulations. Otherwise, it is very likely to cause labor disputes.

4. the management of labor contracts is not perfect.

Project construction due to the large turnover of personnel, the signing and dissolution of employees' labor contracts are very frequent. Many construction projects (or enterprises) are convenient and convenient for drawing, and the law consciousness is not strong in labor contract management, and the operation is not standardized. For example, a project manager who has not been granted a legal person has signed an invalid labor contract with the laborer, or signed a labor contract with the labourer by means of deception or threat, or intentionally concealed it in terms of labor contract wages, social security and labor conditions. These phenomena are not consistent with the requirements of the labor law, and are also likely to cause labor disputes. {page_break}

Measures to avoid human risk in projects

At the present stage, the relationship between labor and capital is increasingly forming a contradictory unity of opposites. Labor and capital have been transformed from the one yuan leadership in the planned age to two different interest groups. Under the background of the labor contract law, construction projects should avoid human risks and solve the imbalance between labor and capital.

1. precautions against risk of recruitment

According to the eighth provision of the labor contract law, employers and workers have the obligation to truthfully inform them directly related to labor employment. If we do not pay attention to the duty of disclosure in the recruitment process, we may assume the risk of being identified as fraud or the labor contract signed as invalid and liable for compensation. In the recruitment of enterprise employees and external working hours, the labor remuneration, work content, working conditions, working places, occupational hazards and safety production status of workers in the project are all the decisive factors for the establishment of labor relations. In recruitment, we should pay close attention to the implementation of labor laws in accordance with the procedures and requirements, so as to avoid the risk of invalid labor contracts resulting from suspected fraud, and pay attention to safeguarding the legitimate rights and interests of the project itself, and fulfill the labor employment record procedures for recruited staff. At the same time, the project human resources management should make it clear that the labor contract law stipulates that it is illegal for workers who enter into contracts to collect mortgage, venture capital and detain their identity cards. Recruiting employees who are not relieved of labor contracts with another unit is also not allowed; for the fact labor relationship that does not sign labor contracts, the construction project will face double pay penalties; these are specific issues to be grasped and evade in project human resources management.

2., standardize the precautionary measures of labor employment management.

The labor contract law is a rigid rule for establishing labor order and improving harmonious labor relations. To standardize the management of project labor and employment, especially to improve the preventive measures of human resources management in construction enterprises, we must abide by the provisions of the labor contract law and use legal constraints to improve the employment level of enterprises. First of all, under the background of the labor contract law, the project human resources management should pay more attention to the humanized management mode of employees than before. For example, because of the limitation of the nature of the industry and the characteristics of construction, it is difficult to implement the 8 hour working day system. In terms of working hours, the project can apply for irregular working hours and comprehensive working hours in accordance with the provisions of labor laws, and pay labor remuneration for extending the working hours, so as to promote the organic combination of project construction management and labor laws. Secondly, the human resources management mechanism of project construction has no ideal fixed mode. Only by adapting to the reasonable state of construction development and market demand, the project human resources management should study the statutory responsibilities and obligations of labor employment determined by the labor contract law. For example, the right to work and distribution of workers, labor employment probation period and service period set, labor dispatch, disciplinary treatment, the lifting of the labor contract restrictions, economic compensation and the use of illegal compensation are studied in order to explore new ideas and practices to adapt to the labor relations under the labor law environment.

3., improve the precautionary measures of labor distribution incentive mechanism.

According to the labor contract law, labor remuneration is one of the essential provisions of the labor contract, and it is the core issue of labor relations. Project construction is often lagged behind in the final accounts of projects and the recovery projects, and the incentive distribution of employees' labor remuneration is often not timely. This requires the use of statutory procedures to establish performance appraisal and incentive mechanisms, and gradually improve the distribution system of labor remuneration in order to protect the legitimate rights and interests of employees. For example, we should establish a complete quantitative analysis and labor remuneration management procedures, accurately grasp the project profits and complete the true reliability of various economic indicators, and avoid unfair and fair distribution of employees' labor remuneration in the case of avoiding the risk of loss of profits and losses and the risk of unavailability of projects. Secondly, we should gradually reduce the identity differences among employees, labor and migrant workers, and strive to get the same pay and equal pay for equal work. Third, we must attach importance to the three party consultation mechanism of trade union organizations, give full play to the binding role of collective wage contracts, and prevent and reduce labor and capital conflicts caused by unfair distribution.

4. preventive measures for introducing qualified external construction teams

With the continuous rise and maturity of the innovation of project human resource management mode, labor dispatching and engineering subcontracting are more and more accepted and used by most construction enterprises. Strengthening the subcontracting management of labor and engineering, replenish the human resources needed by enterprises in time and transform the idle resources into the advantages of enterprises have become an inevitable trend of project construction. The management of labor and engineering subcontracting teams in project human resources management can be started from two aspects: (1) adopting the access permit system, setting up a prequalification and evaluation system for labor and sub contracting units, selecting labor and engineering subcontractors through bidding in the qualified units of the company (or project), and eliminating the project in time for the teams or personnel who have bad performance or are not in line with the management objectives of the enterprise. (2) to strictly assess the subcontracting of labor services or projects, it is necessary to run the requirements of the owner to the contractor and the requirements and concepts of the project's human resource management throughout the contents of the whole labor or engineering sub contract, clarify the principle of risk sharing, and reasonably avoid the risk of labor employment in the construction of the project, so that the management of the external construction team and personnel can be effectively integrated with the project construction management through the contract constraint.

5., straighten out the preventive measures of labor contract management system.

The labor contract law has specific provisions on the form and contract formation, performance, alteration, termination and dissolution of labor contracts, which requires construction projects to be more prudent and standardized in the management of labor contracts, so as not to take legal liability in violation of the management provisions of labor contracts. In order to straighten out the labor contract management system, we should pay attention to the following three aspects: first, we should choose different forms of labor contracts according to the different roles and importance of each type of personnel. For example, the project professional management and construction backbone can choose a labor contract with no fixed term. The general employees choose a fixed term labor contract, and the auxiliary worker chooses to complete the labor contract with a certain period of work. Secondly, to clarify the conclusion or termination of labor contracts means that the establishment and termination of labor relations with the employing units must strictly abide by the procedures and procedures stipulated in the labor laws, and pay attention to the filing and filing of written materials. Third, the labor contract law restricts the conditions for liquidated damages by employers and employees. It has strict restrictions on the scope of application of liquidated damages, and it is necessary to make careful use of the terms stipulated by the workers to pay liquidated damages.

6. preventive measures for improving labor employment rules and regulations

The management principle of enterprise human resources is to maximize the protection of the interests of the management, technology and production backbone of enterprises, fully mobilize their enthusiasm and create the greatest wealth for enterprises. Therefore, the construction of enterprise rules and regulations should take economic benefits as the first priority, performance rewards and punishments as the guidance, and constantly improve the rules and regulations under the premise of adhering to the rule of law. The fourth article of the labor contract law stipulates strict rules of democratic formulation for the enterprise rules and regulations which are closely related to workers. It has an irreplaceable role in human resources management of enterprises. Project construction management should pay attention to the compliance requirements of rules and regulations. We must promptly improve and update the contents of enterprise rules and regulations so as to give full play to its positive role in project human resources management. For example, under the background of the labor contract law, the regulations on rewards and penalties for employees of state-owned enterprises have been invalidated for many years. The project should pay attention to differences in the management process, so as to avoid causing conflicts and disputes in the course of staff's violation of discipline.

The labor contract law has a positive effect on the process of legalization of project human resources management. If the project's human resources management is right, it will reduce the risk of employment in project construction, give full play to attracting talented people, inspiring advanced staff and enhancing the cohesive force of project construction. Otherwise, it will destroy the harmonious labor relations and bring unnecessary negative effects to enterprises. If the construction enterprise wants to open up the market and promote its sustainable development, it must strengthen the management and research of labor law and project human resources.