These 16 enterprise labor relations problems, if not known, may lead to economic losses

These 16 enterprise labor relations problems, if not known, may lead to economic losses

HR may wish to take a look at these labor relations issues? 1. Conversion of sleeping time: How to reasonably avoid the overtime fee for the apartment (room) administrator who works for 24 hours and rests for 48 hours? If the working hours of the staff of the employer's janitors, security guards and other positions are subject to the comprehensive calculation of working hours without the approval of the labor and social security administrative department, the working hours shall be subject to the standard working hours system, and the part exceeding the statutory working hours shall be counted as overtime hours, and the employer shall pay them overtime wages. However, starting from the principle of fairness and reasonableness, although the sleeping hours of doormen and security guards need to perform certain job duties, they do not need to be in working condition at all times, and it is not fair and reasonable if all the sleeping hours are counted as working hours, so the employer and the employee should be allowed to agree in the employment contract that the sleeping hours can be converted into a certain number of effective working hours (at least not less than 50%). If there is no contractual agreement, the sleeping time shall still be counted as working time. This is only for janitors, security guards, etc. The following points should be paid attention to in the implementation of the conversion of sleeping hours: (1) there must be a written conversion agreement with the employee (including the converted time), and the agreement is attached; (2) Beds and other resting facilities must be provided at sleeping posts; (3) It is not advisable to impose "work tasks (duties)" on employees during the time of sleeping or working hours; 2. If the social security relationship is automatically terminated when the retirement age is reached, can the employer continue to employ this person? What procedures need to be completed? How should a retired employee be rehired if the employer does not want to hire him again due to physical reasons during the term of the agreement? What are the risks? How to circumvent it? (1) Employees who have reached the statutory retirement age are not recommended to continue to be hired, as the risk of accidental injury caused by their historical employment risk and physical aging is extremely high; (2) However, if it is necessary to recruit rehired personnel due to the actual work needs of the unit, sufficient commercial insurance must be purchased for the employee to ensure that the personal accident risk caused by his own reasons will not lead to the economic loss of the unit; (3) The recruitment of retired and rehired personnel can be roughly divided into two categories: first, after retiring from another unit, they will be rehired to work in their own unit; The second is to continue to be rehired after the retirement of the unit. In the first case, the unit only needs to pay attention to its unexpected risk; In the second case, it is still not recommended to hire, because there will be a lot of incidental legal risks caused by the use of employment, commonly known as "rip-off". 3. If the employee is in good health when he joins the company and has a physical examination report, but he is sick after working for a period of time, but he is negligent, or he is distressed about money, and he does not see a doctor in time, resulting in falls, falls, or accidents in the area, does the company need to be liable? According to the regulations on work-related injury insurance, all accidental injuries that occur during working hours, in the workplace, or in the course of performing work duties for any reason shall be regarded as work-related injuries and shall be entitled to full benefits of work-related injuries; Death within 48 hours of rescue due to sudden illness during working hours or in the workplace will also be regarded as a work-related injury. 4. After the contract expires, if you don't want to renew it with a certain employee, what do you need to not renew? During the contract period, if the employer wants to dismiss the employee due to violations of rules and regulations such as non-compliance with rules and regulations, what are the relevant regulations and requirements? After the expiration of the contract, if the employer does not want to renew the contract with the employee, it needs to send the "Notice of Non-Renewal" to the employee by EMS or face-to-face signature 30 days in advance, and pay one month of severance for each full year from January 2008. If the employer wants to dismiss the employee due to serious violations of discipline, it shall report to the labor union of the unit for approval, and then use EMS or face-to-face signature to serve the employee with a Notice of Termination of Labor Relations for Serious Violations of Rules and Regulations, and the employer does not need to pay the employee severance compensation. If the above procedures are not carried out, it may be regarded as an illegal termination by the unit, resulting in the payment of double economic compensation, i.e., economic compensation. 5. If the contract is not signed by me, is it legally responsible for the situation of signing on behalf of me? Contracts or other agreements, written agreements, employee handbooks, and other documents that are not signed by the person will directly lead to the invalidity of the signed documents. If it is an employment contract, it will be determined by the judicial department that the employee has not signed an employment contract, i.e., a de facto employment relationship, resulting in up to 11 months of double salary compensation. 6. If the unit has not established a trade union, how can it meet the legal conditions and procedures? If there is no labor union established in the unit, it is necessary to submit the report to the district or municipal trade union in the area where the employer is located for approval when dismissing the employee, otherwise it will lead to procedural defects in the dismissal of the employee, and even need to pay economic compensation. 7. What are the employment risks of special employment, such as work-study personnel? What should I do if there are some special regulations for full-time interns during their work at the top post? The use of work-study personnel and interns does not belong to the labor relationship, and their risks are limited to the risk of accidents, and their accident risks can be passed on through commercial insurance. In addition, interns and trainees are two concepts, trainees refer to those under the age of 30, who are insured for the first time, and hold a high school diploma (excluding high school) or above, and only after working in the unit for 3-6 months can be regarded as trainees, and this kind of employment is a labor relationship. With the use of such personnel, the unit can apply for additional economic subsidies from the labor department, and legally do not pay the five insurances during the approved probationary period. 8. The legal responsibility of the unit shall be borne by the employer in the event of a personnel dispute or work-related injury if the employee does not sign a labor contract with a dual labor relationship (such as a person doing two jobs in two units at the same time). Generally, for such personnel, the primary and secondary work units will be determined according to the unit where the social security is located.For the main employer, such personnel must be managed in full accordance with the labor relationship, including economic compensation, overtime pay, etc.; For the sub-work unit, the employee is deemed to be a co-insurer, and only needs to purchase a separate work-related injury insurance, and overtime pay shall be paid in accordance with the law, but the severance may not be paid when the contract expires if there is a written agreement. Special attention should be paid to the fact that both the primary and secondary units must sign a written employment contract with the employee, otherwise there will be an economic risk of double wages. As for work-related injuries, the liability is mainly determined based on the employer for which the injury was caused by the employee at the time of the work-related injury. 9. What are the conditions for the compensation of the three golds during the work-related injury period? What can we do to avoid responsibility? If the employee is normally insured, the normal procedure is (1) the appraisal result of the grade; (2) A one-time disability allowance shall be paid by the work-related injury insurance fund according to the level; (3) When the employee leaves the company, the employer will pay a one-time employment subsidy according to the level; (4) Also after resignation, and the employer has paid the one-time employment subsidy, the unit applies to the labor department for the payment of the employee's one-time medical subsidy; If the employee is not insured, all expenses are borne in full by the employer (one-time employment allowance and one-time medical allowance are still paid when the employee leaves the company). Under the premise that the employee is normally enrolled in the insurance, the employer is still responsible for the employee's medical expenses, nursing expenses before the appraisal results are released, wages for the period of suspension of work and one-time employment subsidy. 10. What are the provisions for the provident fund application cycle, work-related injury recognition cycle, retirement certificate and pension card issuance cycle? The cycle of provident fund application and payment is completed in the current month; During the work-related injury identification period, the employer shall make a declaration within one month, and the employee shall make a declaration within one year; Retirement generally needs to be pre-examined and adjusted 1-3 months in advance, and the issuance of pensions is generally issued after the completion of retirement, even if the retirement age is exceeded, the social security department will also make up the full amount from the actual retirement month of the employee. 11. In the case of tight labor resources, can we take measures such as internal employee regional contracting or outsourcing by external cleaning companies? If the original six-person post area is now done by four people, the corresponding treatment will be added, and the contract agreement will be signed, how to reasonably write the cleaning contract agreement? Individuals and units cannot enter into a contracting agreement, because even if there is an agreement, it may be recognized as an employment relationship; The person who signs the contract agreement with the unit must also be a unit (referring to a unit with independent legal person qualification); In the case of tight labor resources, it is necessary for 4 people to take on the work of 6 people, and the only way to coordinate is to pay overtime. 12. Equal pay for equal work: If the new labor law and Jiangsu Provincial Labor Regulations stipulate that equal pay for equal work is required for the employees of units and external employees (including personnel agents and dispatched employees) to work in the same position? Equal pay for equal work means that the same salary distribution method must be adopted in the same position, performing the same work, and achieving the same work results. In other words, the provision of equal pay for equal work can be circumvented through the distribution of work, the division of ranks, etc. 13. If a female employee continues to take fetal leave during pregnancy, is it regarded as sick leave? During this period, except for sick pay, other benefits remain unchanged? Yes, if a female employee needs to take long-term leave during pregnancy to protect the fetus, it can be regarded as a medical treatment period and enjoy the treatment of the medical period. 14. What materials do female employees need to submit if they want to extend their leave after taking maternity leave? How is the salary calculated? Is it considered sick or personal? According to the actual situation, according to the sick leave and rest sheet issued by the hospital, it can be treated as a medical period. If there is no relevant certificate provided by the hospital, it will be regarded as personal leave. 15. How many days is the maternity leave period for female employees? Can a female employee over the age of 40 who has an unplanned pregnancy be entitled to the same leave? Do female employees enjoy holidays when they go to the ring (or take the ring)? 15 days of family planning leave (minor maternity leave); Female employees over the age of 40 are also entitled to 15 days of family planning leave; Female employees also have a 15-day holiday on the ring. 16. How to avoid the risk of delaying the signing of the labor contract due to the employee's personal reasons and the inability to provide relevant materials for signing the labor contract? Regardless of the reason, if the unit does not sign a labor contract with the employee within 30 days from the date of employment, the unit shall be fully responsible. It is recommended that for employees who are really unable to provide insurance materials within 30 days, they can sign a labor contract first and then provide insurance materials