How To Formulate And Implement Rules And Regulations For Personnel Management In Small Enterprises

In order to maintain normal business Operate It is very necessary to set up strict personnel rules and regulations. If the scale of the company is not very large, small businesses can choose to carry out personnel management through some relatively simple rules and regulations.
How to make consultation and publicity procedures become simple and feasible.

Form of meeting

This is the best form to convene all staff meetings to introduce regulations to you. system Content, on the one hand, can be used as a form of consultation and discussion. On the other hand, the meeting is also a form of publicity for the content after discussion. What is necessary is that the minutes should clearly define the two contents, and have clear steps and procedures, and let all the staff members sign.

Direct signature

The content of the signature also contains two levels: first, the employee signs to agree to the rules and regulations of the company; two, the employee confirms that the company has publicized the relevant rules and regulations, and the employees have already understood the relevant contents.

In order to show staff The relationship between the rules and regulations involved in the signature and the rules and regulations of the company is implemented. It is suggested that a special employee signature page should be set up at the last page of the rules and regulations to form a complete set of documents.

The above two ways of operation have their own advantages and disadvantages. For the rules and regulations arising from the form of meetings, it is necessary to restrict the new employees after the entry into force of the system. Second forms of signatures can be used to direct the new employees to sign directly to confirm their consent and knowledge of the rules and regulations without having to resume the form of meetings.

Another point is that if the rules and regulations are amended, the company needs to resume democratic consultation and publicity procedures instead of simply modifying it by the personnel department. "The company's personnel department has the right of final interpretation", which is no longer an effective content of exemption.

(1) common mistakes in rules and regulations:

First, penalties for discipline violations such as warnings, demerits, and expulsion are not clearly defined. There is no correspondence between disciplinary actions and penalties. They are too general and difficult to operate.

Two, there are provisions in the system that violate the mandatory provisions of the law and are not legally binding on workers.

Three, the rules and regulations are too complicated. The content is inconsistent and the effect is not clear. As for enterprises, the Arbitration Commission and the court may make decisions and decisions based on the rules and regulations which are not conducive to the enterprises, thus making the enterprises face an unfavorable position.

Four, after the formulation of rules and regulations, it is impossible to prove that it has been informed to employees. If the system has not been signed by employees, it has been released for a long time to cancel the posting, but it can not prove its obligation of disclosure, or when the new employee has entered into a labor contract, and has not signed the rules and regulations that have been issued by the enterprise, etc., the worker can argue that the contents of the unknown rules and regulations are, and so on.

(2) ensure the legality and effectiveness of rules and regulations.

The nineteenth article of the interpretation of the Supreme People's Court on the issues concerning the application of laws in labor dispute cases promulgated in March 2001 defines the legal effect of enterprise rules and regulations: the employer's rules and regulations formulated by democratic procedures under the provisions of article fourth of the labor law, which do not violate national laws, administrative regulations and policies, and have been publicized to the workers, can serve as the basis for the people's courts to try labor disputes cases. The specific requirements of this provision include the legality of the contents of the internal regulations, and the legality of making the rules and procedures. Accordingly,

The rules and regulations formulated by enterprises should follow the following principles:

First, the content must conform to the labor law and relevant laws, regulations and policies. The validity of law applies first to law, and then to enterprise regulations. When formulating and amending the management system, enterprises should pay attention to the connection with national laws and regulations and not be in conflict with national laws and regulations. For example, when setting up personnel and arranging shifts, we should take into account the state's regulations on working hours and rest and vacation. When implementing the structural wage system, we should consider the correlation between wage quota and minimum wage standard and the welfare benefits of enterprises. In personnel management, we should take into account the state labor contract system and social insurance system, and also consider the national labor safety and health system, the special protection system for female workers and underage workers, and the state's encouragement of vocational training system.

Second, it must be formulated in accordance with the procedures prescribed by law. The new labor contract law stipulates that when employing units formulate, modify or decide on rules and regulations or major matters directly related to the vital interests of workers, such as labor remuneration, working hours, rest and vacation, labor safety and health, insurance and welfare, staff training, labor discipline and labor quota management, etc., it shall be discussed by the staff congress or all the staff members, and the proposals and opinions shall be put forward, and shall be determined by consultation with the trade union or staff representatives on an equal footing. In the process of deciding on the implementation of rules and regulations and major matters, the trade union or the staff and workers consider it inappropriate, they shall have the right to propose to the employer and make amendments and improvements through consultation. Other rules and regulations of enterprises should also seek the opinions of the three departments of the competent labor department, the functional departments of enterprises and the trade unions within a certain scope, so as to pool ideas, consult together and find a balance. Only by observing the relevant laws and proceeding according to procedures can enterprises be protected by labor law.

Third, it is necessary to inform the staff and workers clearly. No black box operation is allowed and no notification is given. The rules and regulations should be adopted in a proper way to make employees known, so that they can be effective for employees. The following documents are issued, the employee handbook is issued and published in enterprise newspapers, local area networks, bulletin boards, and publicity galleries, etc., but enterprises should keep evidence of publicity or letting employees read, in order to prove that employees "already know the rules and regulations". The author suggests that the employer can take the rules and regulations as an appendix to the labor contract and add "in the labor contract," before I sign this contract, I have carefully read all the contract terms and company rules and regulations, without any objection and voluntary compliance. The advantage of doing this is to combine the labor contract and the rules and regulations together and sign it as the basis for determining the rights and obligations of both parties.

(3) pay attention to the combination of practicality and legality.

In practice, enterprises are often prepared for "enterprises". According to their own conditions, they examine the responsibilities of various departments and positions, and work out a complete set of detailed specifications, so that everything in internal management matters can be regulated. But sometimes this kind of regulation often only considers the convenience of the operation of the enterprise without considering whether or not it is in conformity with the legal provisions. This happens: in the daily management without disputes, such norms may play a certain role in management; once a dispute occurs, because of some aspects of its formulation procedure or entity content, it does not conform to the legal provisions, so in the judicial practice, it appears the situation that it is not recognized its legal effect, and also causes the enterprises to deal with the employees according to the illegal norms, naturally it is not legal, and can not get the support of the law. Therefore, for the formulation of rules and regulations, if we want to make it really play a role, its formulation must reflect not only the requirements of enterprise management, but also the requirements of laws and policies. In practice, it is necessary to cooperate with two aspects. First, enterprises need to know the requirements of labor and personnel management that they want to achieve through understanding their own situation. Two, we should spanform the requirements of enterprises into the forms and contents approved by law by professionals who are familiar with labor laws, and combine the facts and laws closely, so that such rules and regulations can really play a role in ensuring the normal operation of enterprises. [