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How to carry out human resource management of enterprises after the implementation of new labor law

Author: WangZhan From: www.yourpaper.net Posted: 2010-05-27 06:41:37 Read:
[Abstract] the new labor law issued and implemented, will have an important influence on enterprise human resources management, this article from the basic theory of the new labor law, the relevant knowledge of law, enterprise management, analysis and discusses the impact of the implementation of the new labor law on enterprise human resources management, in order to inspire enterprises human resource management.
[keyword] new labor law; human resource management; influence; Countermeasure of

Concern about the "people's Republic of China Labor Contract Law" has been officially implemented in January 1, 2008.After the introduction of the new law, for human resource management of enterprises will be faced with change of challenge and test, the traditional human resource management model is bound to have a profound effect, labor relations is becoming more complex interests of workers will be more obvious, worker's rights awareness significantly improve.The new labor law promulgated and implemented, will affect the enterprise human resources management, enterprises should be how to understand the impact of the new labor law? How to deal with the new labor law, the relevant strategy implementation of human resource management in order to better, have very important sense of overall development of these problems on the enterprise human resources management and the enterprise the new labor law, the author thinks that influence on enterprise human resources management is mainly manifested in the following aspects.

1 new labor law in


With the 1994 "labor law", the most obvious feature is to strengthen the protection of laborers, but also clearly to "protect the legitimate rights and interests of workers" as the core, which has a great impact on the enterprise employment.Based on this, the author from the following two key problems that their own understanding and coping strategies.
Question 1 consecutive conclusion of two fixed term labor contract, to renew the labor contract, it shall conclude a labor contract without a fixed term.
Countermeasures: in January 1, 2008 after the implementation of the new law, the first sign labor contract to the best 3 years contract period is appropriate, according to the new law, labor contract of 3 years for a trial period of 6 months, so that enterprises to fully examine the employees use the probation period, so that enterprises in the initiative, once found that do not meet the conditions of the staff, can be lifted at during this period and his contract; at the same time, if the enterprise is a group company, can let subordinates subsidiaries were repeatedly and make workers have fixed-term labor contracts, so it can avoid a continuous set of two fixed term contract."To renew the labor contract" refers to the legal provisions to renew the WHO requirements? Is not clear, if is the enterprise puts forward renewal intention can be signed without a fixed term, seems to be back to the original provisions of continuous work full ten years, both parties agree to sign the labor contract, so, the enterprise can still take not signed without a fixed term labor contract does not agree to renew the way.
2 one full year of employment and workers do not enter into a written labor contract, deemed a non-fixed term labor contract.
Countermeasure: the provisions of the new "labor contract law": the labor relationship has been established, not to conclude a written labor contract, concluded within one month of the date shall use the worker; a full year not concluded, as has set no fixed deadline.Enterprises not to conclude a written labor contract is the consequence of pay 2 times of monthly wages.Enterprises should change the original approach, the mount guard after signing the contract change work first after signing the contract, so that enterprise management.Some time ago CCTV large area fire "temporary", including did not sign labor contract and temporary workers hired by CCTV columns.But in the formal implementation of the new "labor contract law", these are not signed labor contracts with CCTV "supernumerary personnel" on the contrary to the new "labor contract law" legislative spirit, thus, CCTV may face many labor disputes and disputes.

2 remember a formal labor contract

For "poach" problem, there is such a case: the recruitment of insurance business manager of an insurance company, apply for staff without proof of departure, only to individuals unilateral commitment letter substitution.The results, the staff due to economic problems without separation procedures, the insurance company that recruits the applicants bear the joint and several liability."Labor contract law" the ninety-first stipulation: recruits and the other employing unit has not been dissolved or termination of the labor contract workers, and causes losses to the employing unit, it shall bear joint and several liability.So, in practice, the employing units in the "poach", in addition to the workers to know whether the prohibition of business strife obligation of the employer, the original employer shall also verify whether issued "rescission or termination of the labor contract certificate"."Labor contract law" article seventh, article eight, article nine of employers recruit right in three aspects: the first is to restrict and regulate the labor relationship and the date is the date of employment rather than actual sign labor contract date; second is to standardize the collective bargaining right and obligation, is a kind of protection for both sides rights; third is the prohibition of seized documents, collect property and security, also not allowed to even third people guarantee.
For the first aspect, the enterprise must change the idea, do first after the contract work, standardized management.Recruit workers a month to conclude a written labor contract and the establishment of employee roster for reference, so that the burden of proof when disputes occur.Second, enterprises should try to inform and general review of obligations, truthfully inform the workers of the relevant situation full of enterprises, and make careful investigation, fully understand the basic conditions of employment: the real address, identity, personal character, credit, professional skills, education and health status.Once the employee does not handle the transfer procedures turnover or occupation of enterprise property to escape, to facilitate timely tracing claim.Third aspects, in addition to understanding the basic situation, verify the laborer, deal with the personnel recruitment law education, civil, criminal responsibility to inform misappropriate company enterprise property.3, raise the level of enterprises human resources strategy analysis of

The labor contract law (the law) to the enterprise can not be said to be good news, but it is by no means can not solve the problem, and on these issues and challenges, enterprises should actively adjust the human resource management strategy, and take this as an opportunity, comprehensively improve the level of corporate human resource management.
3.1 intensive training: all-round strengthening of enterprise personnel labor laws, human resources management concept learning and training, on the basis of management according to law, to play the advantages of human resources management, the establishment of harmonious labor relations, to achieve the growth of employees and enterprises to win.
3.2 making the legal compliance with regulatory provisions program:
First of all, the enterprise human resources management regulations such as employee handbook, mobility of employees, salary, performance, labor contract and release and so on, in the formulation and application to the attention of legitimacy should also pay attention to conforms to the provisions of procedure, ensure that the relevant rules and regulations in accordance with democratic procedures, legal, with court cases confirmed as needed legal rules and regulations of the enterprise.
3.3 note in the labor contract law (the law) under the management of labor contract specifications:
Finishing in time and the formation of no timely renewal or termination of the labor relations of fact, when hiring or termination of labor relations, the labor security administrative department in time to handle the registration formalities, and gradually establish and perfect the management system of the labor contract, the labor contract system and perfect matched the internal rules and regulations, implementation of the labor contract signed, renewal change history, dissolution and termination, dynamic management, the correct understanding and explanation of the new bill on the probation period, understanding the change of labor contract conditions and procedures, to correctly grasp the handle rescission and termination of labor contract economic compensation, adjust the human resource of the enterprise rules and regulations, reasonably determine the term of a labor contract shall be modified, assessment and rewards and punishment standards labor disputes, avoid risks.

Conclusion
4

The implementation of the new labor law, also make the enterprise face adjustment problems of human resources of enterprises at the same time, more attention should be paid to the per capita efficiency of enterprises have to continuously improve.For enterprises, compared the manpower cost, per capita efficiency is a core of the key success factors.To avoid legal move is just a matter of expediency, in these behind adjustment, enterprises need to have strategic thinking about the future of the enterprise.No matter at any time, the core task of enterprise human resources management activities can not be changed, whether it is cut or resign, unexpectedly hires to post, its core purpose is to remove the inert employees, strengthen their "sense of crisis", guarantee the source of enterprise vitality will not wither, continue to increase the per capita efficiency of enterprises.
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