Early Warning Of Labor Dispute Risk

< p > under the new situation, enterprises are facing many challenges such as stable development, establishing harmonious labor relations, reducing employment risks and resolving labor disputes.

Then, how should enterprises grasp the development trend of "labor relations"? What skills do they need to sign labor contracts? How can we enact legitimate and effective enterprise rules and regulations? Can we establish a labor dispute risk prevention and control system supplemented by prior prevention and taking control of things and subsequent remedies? On Saturday, Salon New Express Management salon has specially invited Mr. Li Huihua, a famous legal expert in human resources, with his rich practical experience, bringing a "gluttonous feast" of labor relations and labor disputes to the on-site human resources and legal practitioners.

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< p > labor relations have changed under the situation that the supply of labor is in short supply.

At the beginning of the lecture, Li Huihua showed a group of data released by the Ministry of human resources and social security: in the labor supply and demand relationship, the ratio of job vacancies to job seekers (demand / job seekers) is about 1.062014 in the first quarter of 2012, reaching 1.11 in the first quarter of the year. The long run of the labour market is increasing. The number of labor disputes has increased year by year, from 500 thousand in 2007 to 1 million 497 thousand in 2013, an increase of nearly 2 times.

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< p > Li Huihua thinks that from the supply and demand of labor force, the demand for supply exceeds the cost of labor, which leads to the continuous rise of labor costs. From the legislative level, with the introduction and implementation of a series of new labor laws and regulations, the number of labor disputes has increased dramatically. From the perspective of the development of labor relations, with the development of social economy, the awareness of workers' rights protection has gradually increased, and the degree of safeguarding rights has gradually increased.

"All this is a signal to the employment unit: today, in the pformation of labor disputes from a relatively balanced labor force with strong capital orientation, it is necessary to enhance awareness of prevention."

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< p > according to Li Huihua, the change of labor relations makes enterprises often face malicious litigation by employees. The three cases are more prominent, that is, not signing labor contracts, double wage claims, making profits through social security funds, and cheating enterprises to make false income certificates to prove the difference.

To avoid these employment risks, we must make systematic prevention.

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< p > Li Huihua used the case of many years to warn business owners, "enterprises should set up the idea of prevention is better than fire fighting, and carry out systematic design in advance, so as to reduce legal risks and reduce < a href=" //www.sjfzxm.com/news/index_c.asp "> labor cost < /a >.

As an enterprise manager, we must do well in six aspects of system design, which will effectively eliminate the hidden danger of employment.

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＜p＞　　＜a href="//www.sjfzxm.com/news/index_c.asp"＞李会华＜/a＞进一步指出系统设计过程中六个环节该注意的事项：“提前规划”环节，企业要提早了解法律法规，了解劳动关系的影响，并依据企业收缩、并购等战略提前做好规划，避免手忙脚乱;企业在“严守招聘关”环节，做好诸如背景调查，就可以拒绝“碰瓷一族”进入企业，明示录用条件也可以规避用工风险;而在“严谨拟合同”环节，住址及通信地址等必备条款信息、提前“约定”条款在劳动关系处理时非常重要;在“合法订制度”环节，企业制定的内容及程序需合法，需系统全面可操作;在“规范调岗调薪”环节，企业单方面调岗切记要注意的法律问题;在“离职流程化”环节，企业要对经济补偿金的标准、时间界定及竞业限制做好规范。

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"P". "If it is malicious, a good system will not work."

Li Huihua further pointed out that the resignation should respect human nature and consider in detail, such as the contract expiration date should be avoided in holidays and so on.

Li Huihua also emphasized that enterprises should provide opportunities for communication and communication with employees. They should have good intentions and respect when communicating with workers in order to achieve good communication results.

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< p > in addition, in view of the controversy over < a href= "//www.sjfzxm.com/news/index_c.asp" > labor relations < /a >, Li Huihua believes that the source of solving such problems is actually in management. If we solve the management problems, we may not need to use the "law" as the last tool.

Li Huihua, for example, shows that the solution to the "incompetent" employees is obvious and direct, although there are more judicial interpretations, and there are more practical and flexible practices in practice.

The problem of management needs to be solved by management. If the management solution is not used up, it is suggested not to use the "law" tool first.

When we need to use the "law" tool, we need legal professionals to make a detailed analysis of it. That time is no longer a good time to solve the problem, but only in the "fire fighting", which increases the cost of labor and is not conducive to corporate reputation.

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According to many years of experience, Li Huihua summed up that enterprises should use systematic thinking method and match the guiding principle of "beginning with the end" to carry out systematic prevention of the risk of labor employment, and its effect should go far beyond the "patch point" type of precaution.

He believes that "beginning" includes three aspects: first, prevention in the management of labor relations.

We emphasize the systematic design to eliminate hidden dangers of labor disputes.

The second is the improvement of management literacy and communication skills of business managers.

When communicating with workers, we should have good intentions and respect in order to achieve good communication results.

Finally, enterprises should take the initiative to create evidence so as not to fear arbitration and litigation.

Through three aspects, we expect to establish a harmonious labor relationship within the enterprise, control labor disputes in a very small and controllable scope, lay a good foundation for labor relations for the development of enterprises, and finally reach a lawsuit without labor disputes, or even if there are official departments, the result should be expected.

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