Enterprises Should Pay Attention To The Revision Of Rules And Regulations

along with Layoffs As a hot topic in the enterprise circle, how to effectively avoid the risk of layoffs is being written into the list of business owners and management. The impact of the financial turmoil on the real economy intensified from east to west, from south to north, and Wuhan's enterprises. Boss A "simple and effective" way of avoiding danger is being found.

From the real case, Mr. Zhuang has been in the 3 months since September last year. The labor and capital The interference of disputes. As a result of the contraction of the business, no layoffs could be made. Two of the salesmen made a huge claim, but the two sides failed to negotiate. After a labor dispute, the company asked legal counsel to "diagnose" for the enterprise. The result is that it does not know how big the loopholes in the system may be, and may at any time make the enterprise disadvantaged in the labor dispute.

First, the inversion of burden of proof highlights the absence of enterprise rules and regulations.

Mr. Zhuang's company set up dozens of personal sales department. As early as 2007, the demand for the company's products was strong. In order to expand the market, the sales department's personnel expanded rapidly, and by the beginning of 2008, more than 50 people had already had a rapid expansion. Wang and Lee of the sales department are the elders of the company, and the two are joined in 2002. Like other colleagues, the two people signed a two-year labor contract with the company. The monthly salary was 4500 yuan, the irregular working system and no overtime pay. Because it is the implementation of irregular work system, the company only requires employees to report to the market at 9 a.m. to the company, and no need to report back to the company in the afternoon.

In September 2008, due to the increase in labor costs plus the increase in raw material prices and other factors, the company faced serious difficulties, and Mr. Zhuang decided to lay off staff. In August, the company officials called Wang and Li to call the 40 people to collect the notice of resignation, and informed them that they only need to go to work until September. After receiving the notice, Wang and Li did not come to the company to receive the notice of resignation. Instead, they asked the company to compensate the overtime payment according to the amount calculated by them. The human resources department could not reach an agreement with the two people and then came to Mr. Zhuang.

In October, Wang and Li filed labor arbitration respectively, requesting the company to reissue the overtime pay for the previous two years by 60000 yuan (according to 2500 yuan per month for 24 months), and to reimburse the economic compensation for layoffs. In the complaint, Wang and Li both believed that the company implemented the irregular working system, but the labor department did not approve it, so it was invalid. The two person has overtime every month. The company should pay overtime wages on weekends and holidays. By calculating, the monthly overtime pay for each person is about 2500 yuan, and the total amount of 60000 yuan per person for two years.

Overtime pay, which makes Mr. Zhuang, a boss, a little bit suspicious, because salesmen do not calculate overtime pay, which is the "Regulations" in the industry. The two salesmen appeal to the labor arbitration department according to the labor contract law. After solicitor came, the lawyer could not help Mr. Shang Zhuang either. In accordance with the labor contract law, the burden of proof is reversed on overtime wages, and the workers advocate overtime wages. If the employer denies overtime work, the employer shall bear the burden of proof against the fact that the worker does not work overtime. For the company, there is no evidence that the two employees have not been added to the class. What's more, the irregularly timed work done by the company has been approved by the labor department.

In fact, solving this problem is not too complicated, that is, when examining and approving the rules and regulations, we must go through the examination and approval procedures for overtime work. As long as the approval procedures are required for the overtime work in the enterprise system, enterprises will completely avoid the trouble brought by the inversion of burden of proof. On the contrary, as long as the system is applied, employees will bear the burden of proof for overtime work.

The company finally paid the overtime wage in accordance with the amount, and gave a lesson to Mr. Zhuang and the company's human resources department.

Two, system revision becomes the only chip for enterprises.

Mr. Zhuang's lesson has been recognized by many entrepreneurs. Since 2008, the revision of the company system has become an important part of the business of lawyers. More than half of the enterprises served by Wan Ze law firm have asked lawyers to revise or review rules and regulations.

In accordance with the thirty-ninth provision of the labor contract law, the situation where the labor contract can not be compensated is often beyond the control of the enterprise, for example, employees violate the law and engage in malpractices. These are very difficult for enterprises to obtain evidence, so they are not operable. Only the "serious violation of the company's rules and regulations" is a factor that can control or seize the initiative.

In fact, enterprises can only grasp the rules and regulations because the rules and regulations of enterprises must be revised through democratic decision-making process, but after all, they are led by enterprises. In the process of formulating and implementing the enterprise system, enterprises can grasp relevant standards and yardsticks. In case of disputes, enterprises can minimize the cost of relieving labor contracts. Therefore, the formulation of rules and regulations should be valued by the company.

According to the law of our country, the legality of rules and regulations must satisfy two major prerequisites. First, the procedure is legal and the rules and regulations related to the vital interests of employees must be discussed by the workers' Congress or all the staff members, and the proposals and opinions should be put forward and discussed with the representatives of trade unions or workers' representatives on an equal footing. That is to say, we have to go through certain procedures. In reality, enterprises often take the lead and have the right to decide on the revision of rules and regulations and how to revise them.

The two is substantive law, that is, the contents of the enterprise rules and regulations, and the legal provisions have legal effect. If the relevant provisions violate national laws and regulations, they will not be applicable. If disputes arise, they will be applicable to laws and regulations.

Before the implementation of the labor contract law, enterprises also have rules and regulations, but it is very unclear. After the implementation of the labor contract law, enterprises gradually pay attention to the above provisions. When revising rules and regulations, when applying to national laws and regulations, the national minimum standards are often adopted. If the laws and regulations of the state do not stipulate, there will be room for enterprises to draw up corresponding standards on their own. For example, how many times a business can be delayed by itself is a serious violation of regulations. How many days of absenteeism is a serious violation of rules and regulations. Although this method is not worth encouraging, it seems to be a lifeline for enterprises to lay off workers in a serious crisis.