The first two articles have introduced the procedural requirements and content legality requirements of the rules and regulations enacted by the employers, and this article will elaborate the main points of the scientific and rational formulation of rules and regulations.
1. It is operable and executable.
2, there is no hidden injustice and irrationality. The less maneuverable provisions are, the fewer the better. There are enterprise regulations: “ employees who do not comply with the reasonable instructions of the executive leadership are regarded as the general violation of the discipline of ” what is called “ reasonable ” each has the various statements, and the practical operability is extremely weak. Once an enterprise operates in accordance with this clause, it often leads to labor disputes. Therefore, the provisions of the rules and regulations need to be operable.
3, completeness: as far as possible to consider the production and operation, staff management may occur, to avoid the occurrence of “ can not be ”
4, logic: especially in the system of rewards and punishment, for the employees who do not make small mistakes, the logical progressive penalty mode can achieve better management effect.
The risk points of common rules and regulations are briefly described below for your HR reference.
First, recruitment system
The risk of recruiting entry lies in four points: 1, employment discrimination in recruiting advertisements. At present, in the judicial practice, there has been a case of employment discrimination against employees, so the units should consider carefully to prevent employment discrimination, such as age, sex, region and disability, and 2. In the recruitment, the enterprise can indicate that employees must submit physical examination reports in regular hospitals, and take the medical report as one of the conditions of admission to prevent subsequent disputes due to the weakness of the staff, especially the enterprises with multiple occupational hazards, which should pay more attention to the physical examination of the health status of the newly entered staff. 3. Conditions and assessment standards. The employment condition is an important basis for the release of employees in the unit trial period; 4. A conditional company can also carry out a background survey to the employees, and learn the relevant information from the staff before the staff.
Two. Labor contract management system
Labor contract management is based on five aspects: labor contract formation, alteration, termination, termination of labor contracts and monitoring of labor contracts. The most important part of the labor contract management is standardization. At present, the disputes around labor contract include double wages, no fixed term labor contract, illegal change, undue rescission and illegal termination. Therefore, enterprises should pay attention to the legal compliance of labor contract management on the one hand, and on the other hand, we should do a good job of labor cooperation. The same daily monitoring work, timely discovery of the risk of labor contract management, timely treatment, to avoid long-term accumulation of contradictions, resulting in the adverse consequences of the enterprise.
Three. Salary system
Pay system should pay attention to the salary structure and salary incentive, as well as the wage release cycle. The incentive system of remuneration is made by enterprises according to their own conditions, and the salary structure and salary payment need to comply with relevant laws and regulations. The risk of the salary structure lies in whether the composition of the salary is in accordance with the legal provisions, such as the normal working time wages should not be lower than the minimum wage standard, and the calculation base of the overtime pay should not be lower than the minimum wage standard. For example, during the period from June to October, it should also decide whether to pay the high temperature allowance according to the temperature conditions of the working environment. . In addition, employees who have worked continuously for one year should pay annual leave salaries, workers with occupational diseases should pay post allowance and so on.
Four. Post system
In the current post system, post adjustment is a difficult problem. First, to admit and protect the employment autonomy of the enterprise, that is to allow the enterprise to adjust the job to the employees according to the needs of production and management; secondly, to admit and protect, and to prevent the abuse of rights, such as abuse of this right to retaliate, and so on. Finally, to prevent the abuse of this right, the enterprise should prove its adjustment to the post. It has “ it is fully rational ” Employers can adjust posts to workers through consultation with labourers or in accordance with the law in accordance with the law: 1, employers and workers are negotiated to adjust posts: (1) equal consultation between the two parties and a written form of adjustment; (2) significant changes have taken place in the objective situation, and the employers unilaterally put forward the salary adjustment and salary adjustment, and with the workers. Negotiate changes. 2. If the employer is not able to engage in the original job after the expiration of the medical term, or the labourer can't do the job, the employer can adjust the post. It should be noted that the employer should bear the burden of proof of the rationality and appropriateness of the workers' post adjustment, such as the job requirements of the workers' positions, the daily work performance, the assessment results of the assessment standards, etc. Regarding the adjustment of posts, there will be a special discussion on Shen Ping. Please look forward to it.
Five, sick leave management system
In order to avoid and reduce the phenomenon of false sick leave, small disease and sick leave, the system of sick leave management can be considered from three aspects: first, to formulate strict medical leave application procedures and to include unit rules and regulations. The system of examination and approval is applied to sick leave application, and different examination and approval authority is set according to the length of sick leave. Failure to fulfill the application procedures for sick leave is regarded as absenteeism, and the two is the system of examination for leave of absence.Sick employees should be provided with relevant medical bills, diagnostic certificates, medical records and other materials for examination. The identification of false sick leave may be rechecked or called by telephone, and the three is to treat false sick leave as a serious violation of rules and regulations, and to increase the cost of sick leave for employees.
Six, attendance system
Attendance is directly related to staff working hours, overtime pay and so on. However, there are many misunderstandings in the attendance system.
1, did not specify what kind of attendance criteria to determine the working hours. There are various methods of attendance at present, including electronic attendance, entrance guard card, fingerprint machine and attendance table. It should be clear how to calculate working time, express working time, reduce disputes caused by unidentified working time; 2, rest time is unidentified. Some units require 8 hours a day, but there is no intermediate break time. In practice, there is a case that employees are required to work overtime for 1 hours overtime or to investigate the liability of employers for work injuries due to accidents in the time of rest. Therefore, it is particularly important to make clear the time of rest in the attendance system; and 3, the record of attendance records is lack of signature confirmation. Nowadays, the electronic and paperless attendance is popular among the employers, and it is suggested that this kind of attendance system should be shown in the rules and regulations or labor contracts, and that electronic attendance or other attendance methods should be used as the basis for the recording of work time. At the same time, from the point of view of risk control, it is necessary to sign the electronic attendance records regularly to the employees to ensure that the attendance records are authentic, lawful, effective and convenient to provide evidence.
Seven, vacation system
According to statutory vacation types, including maternity leave, sick leave, leave, annual leave, family visit leave (applicable to state organs, state-owned enterprises, public institutions, etc.), marriage and funeral leave. The employer can regulate the leave procedure of leave by rules and regulations, such as the examination and approval process and the explanation of the incident, and stipulate the absence of wages, prevent the employees from unrestrained asking for leave; secondly, we should perfect the inspection system of the fake, and collect the types of leave, the time for leave and the fake materials in the sale of the fake. Establish a review mechanism to prevent employees from making false leave, such as maternity leave to provide hospital related certificates, family leave to provide a journey ticket, leave to explain the reasons for leave.
Eight. The system of staff punishment
The staff punishment system design should pay attention to several points: first, the fault accumulative system, can establish the warning, memory, memory, dismissal and other steps of punishment, using the logical progressive penalty mode, can achieve better management effect; two in advance, it is necessary to stipulate the calculation method of compensation for employees to cause loss. The employer can identify the damage caused by the employee in the rules and regulations, and stipulate the calculation method of the compensation for the loss; three to clarify the executive department and the help of the staff punishment, for example, the staff punishment is responsible for the human resources department or the administrative department. The employer can also set up a system of punishing help, which is carried out by the direct superiors of the staff, the head of the Department and the Department of human resources, in charge of the punishment of the employees, so as to resolve the resistance of the employees.
Nine, rules and regulations and violation of rules and regulations
According to the labor contract law, the employing unit has thirty-ninth items, second items &ldquo, and a serious violation of the employer's rules and regulations ” it is more common to unilaterally dissolve the labor relations, but it is necessary to pay attention to two points: one is “ the severity of ” In the rules and regulations, enterprises can divide the rules and regulations into two levels, such as general violation and serious violation, and make clear the type of general violation and the type of serious violation, so as to prevent the enterprise from breaking the law because of the unidentified severity. Two is the prescription of generality and typification in the rules and regulations. Type. Taking into account the characteristics of production and operation and the uncertainty of staff management, it is possible to generalize to a certain extent what the rules and regulations fail to specify. It is important to note that the above general conventions and typed conventions should be operable and executable, and the less operational terms are better for the enterprise. The enterprise stipulates “ the employee does not comply with the reasonable instructions of the executive leadership as the general violation of the ” what is called “ reasonable ” the actual operability is extremely weak. Once an enterprise operates in accordance with this clause, it often leads to labor disputes. Therefore, rules and regulations should be expressed in terms of operability and avoid emptiness.
Ten. The system of turnover
At present, there are too many legal provisions in the system of turnover in the enterprise, which is the basis for the enterprise to deal with employee turnover in the labor contract law as the basis for the enterprise to deal with employees' turnover.
1. Establish the system of turnover talk. In view of the resignation talk by the department head or the HR, the employee has to know the mentality and reasons of the employee turnover, and advocates resolving the contradictions and solving the problems by the way of reconciliation and mediation.
2. Establish the system of information registration of employee turnover. Archiving records keep relevant information, entry registration form, labor contract, and exit approval form for departing employees, and retain relevant evidence to reduce risks.
3. Setting up an employee's help system, providing help to the employees, including providing reemployment information, transferring social security files and so on. Through the help system, the employees' conflict psychology can be eased on the one hand.It is easy for negotiations to resolve disputes between the two sides. On the other hand, it can also establish employees' feelings for the enterprises and facilitate the latter's return and business cooperation.
Specifically, the importance of enterprise rules and regulations is as follows:
(1) perfect rules and regulations can help enterprises to realize the standardized management of labor employment: 1, positive guidance and educational role; 2, the negative vigilance and deterrence; 3, prevention and prevention of the role of the dispute; 4, afterwards support and provide the role of handling labor dispute evidence.
(two) imperfect rules and regulations become the inducement of labor disputes, and even directly lead enterprises to lose their cases in labor dispute cases.
(three) in the context of medium and long term labor contracts and non fixed term labor contracts, rules and regulations will become the main basis for the termination of labor contracts.
(four) the importance of the rules and regulations to the construction of enterprise culture is also self-evident. The rules and regulations are the carrier of enterprise culture, spread the enterprise culture and propagate the image of the enterprise.
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