How To "Hold The Fire" When Signing A Labor Contract

Recently, Berg (China) Management Consulting Co., Ltd. hosted the second Fujian human resources management conference. At the meeting, Xiong Minliang, director and partner of Labor Law Affairs Department of Xiamen union faithful law firm, elaborated on the following aspects: recruitment, retention, employee turnover and so on.

In regard to the recruitment mechanism of enterprises, Xiong lawyer said: "the labor contract law" has new regulations on the signing of labor contracts and the term of labor contracts, in order to avoid the new regulations.

Change entry process

Incentive contract staff

Xiong lawyers introduced that the labor contract law stipulates that a labor contract relationship should be established from the date of employment. If a labor relationship has been established, a written contract should be concluded. If the contract has not been signed for more than one month from the date of employment, the worker should pay twice the monthly wage. If the written labor contract has not been written for more than one year, it will constitute an unfixed term labor relationship.

This requires enterprises to strictly follow the entry process of "signing labor contracts first and re entering".

"Employees who do not sign labor contracts will not be recruited". This should be written into rules or regulations, otherwise they will easily fall into the trap of written labor contract system.

In addition, many enterprises still do not sign labor contracts. The most urgent task is to fill the contract with employees, but in turn, they encounter the situation that employees are unwilling to sign contracts with enterprises.

If employees do not sign a contract, it is suggested that the enterprise adopt the form of reward, stipulate that employees can sign up for a labor contract at a certain time, the monthly salary can be increased by 100 yuan, and 50 yuan more than a few days. If they still do not sign, they will not be rewarded.

"However, there will inevitably be a small number of employees who do not sign labor contracts.

Enterprises can stipulate in regulations: "employees who refuse to sign written labor contracts are regarded as serious violation of discipline and can rescind labor contracts."

Xiong Minliang said.

Clean up hidden employment in time

Xiong Minliang introduced that not long ago, he went to a highly standardized employment system. After examining them, he found that there were at least 200 covert employment in the company.

For example, health workers, cooking aunts and so on in each branch office, the company's roster has never had these names, and the company has never regarded them as company workers, let alone sign labor contracts with them.