How To Prevent The Legal Risks Of Employee Entry

< p > the process of recruiting < a href= "//www.sjfzxm.com/news/index_c.asp" > employing employees < /a >, many HR indicated that door clear. But Zhang Tao lawyers said that the small details of some employees entering the office would cause unnecessary trouble if they were not handled properly. Lawyer Zhang Tao shared a case he had met with HR. < /p >
< p > a company recruits technical staff, after the re examination is qualified, the employee has sent a letter of employment. In the hiring letter, the employee is required to go to the designated hospital for physical examination or to provide the physical examination report within six months. But the staff found that they were carriers of hepatitis B virus after the physical examination, and the company could not recruit HBV carriers for their own reasons, and decided not to hire the employee. Upon receipt of the notice, the employee filed a lawsuit against the company for compensation. The company ended up losing the lawsuit because of sufficient evidence from employees. < /p >
< p > lawyer Zhang Tao said that in this case, enterprises can actually avoid litigation risks, but it is because the carelessness of < a href= "//www.sjfzxm.com/news/index_c.asp" > HR < /a brings risks to enterprises. In the process of employee entry, many enterprises often use HR to send the employment letter first, and then require the employee to provide the process of physical examination, but they do not know that the invitation letter is an invitation to offer, which has the corresponding legal effect. Zhang Tao suggested that HR should carefully post the hiring letter in the process of hiring employees. It is not too late to provide employees with some necessary proof and then send an employment letter. < /p >
< p > there is a HR question on the scene, saying: your company does not value the physical examination certificate of employees, but requires employees to have proof of separation. Many of the staff are careless and say that they have lost their employment certificates. Can such employees be recruited? If hired, will there be any risk? < /p >
< p > for this purpose, Zhang Tao lawyer answers a question by HR through a case. A is a company engaged in foreign product agency. In June 2012, it hired B, a former sales employee, Wang Mou, and Wang went to A company in early June after leaving the application in mid May and B company. And HR of A thinks that from legal relationship, Wang has already terminate the labor relationship with B company, and has not asked her to produce proof of resignation to hire him. Shortly afterwards, B filed a lawsuit against Wang on the grounds that it had not yet released the labor relationship, and asked A to bear joint liability. < /p >
< p > labor law has clearly stipulated that if the employing unit has recruited an employee who has not yet discharged labor relations with other companies in accordance with the law, and has caused labor losses to other units, the employer should bear joint and several liability for compensation. Although Wang proposed to leave, but because Wang could not produce proof of separation, B company finally won the lawsuit and received compensation. < /p >
< p > lawyer Zhang Tao suggested that when recruiting employees, HR should strictly examine whether the employee was relieved from the original company a href= "//www.sjfzxm.com/news/index_c.asp" > labor relations < /a >. If employees do not have proof of departure, HR can guide employees to get the necessary evidence to prove that they have removed labor relations with the former company, so as to avoid unnecessary trouble for employees and enterprises. < /p >