Blue Ling EKP-HR special understanding of the new law
"Labor Contract Law" on January 1, 2008 into effect, the bill's introduction on the implementation of the labor contract regulations around for many years to determine patterns of labor relations legislation will have a major adjustment to the existing corporate human resources management, business and employment costs and employment modes will bring a full range of far-reaching implications. 2.6 The new law will become hundreds of millions of workers to defend their rights "sword." The new law will soon be implemented, "labor" side benefits will be more protected, "capital" side ready for it? Essential as a business employee handbook, it made a corresponding adjustment? Revised employee handbook, rules and regulations system is it more legitimate? more reasonable? better reflect the corporate culture?
Blue Ling EKP_HR new labor contract law for the special management solutions
One management puzzle: the company's rules and regulations publicity it?
The new labor law:
Article employer shall establish and improve labor rules and regulations to ensure workers can enjoy labor rights and perform labor obligations.
Blue ling management proposals:
For management systems, companies should make efforts in three areas: First, develop a scientific and rational management system, we must consider the interests of enterprises, but also consider the interests of staff. We should have a rigid management system, but also the humanistic flexible; Second, the system is concerned, enterprises should provide a rich channel for employees to keep abreast of the specific content management system, and in practical applications can quickly find and reference ; Third, changes in the system, the enterprise management system, the text should make a strict version control, marked significant changes to the detailed content of the system to prevent employees because of the wrong version of a result of the breach. ,
Blue Ling solution:
Blue Ling EKP_HR in the formulation for the management system, modify, publish, implement, monitor and so provide a full range of management functions:
1, management system development: Lan Ling EKP_HR through online survey system, enterprise employees can collect the real ideas and the specific content of the system as a set of reference;
2, the management system changes: The Blue Ling EKP_HR Knowledge management can improve the system version control, which changes the course of a full picture of the system;
3, the release management system: the gateway through the Blue Ling EKP_HR unified release management system, employees can browse through the portal, HR service desk can also be carried out inspection;
4, management systems implementation: Lan Ling EKP_HR examination by management, employees can test their understanding of the company management system and a comprehensive understanding of their rights and obligations;
5, the control management system: The Blue Ling EKP_HR of knowledge management, companies can access real-time view system records the text, find out which employees do not view management system and be reminded.
Management of confusion two: labor contract the two sides have resumed regular communication evidence?
The new labor law:
Article VIII of the employer hires an employee, it shall truthfully inform the employees job content, working conditions, workplace, occupational hazards, production safety conditions, labor compensation, and other information as required by the workers; employers right to know the workers and labor contracts directly related to the basic situation, workers should be the truth.
18th labor contract on the labor remuneration and working conditions of the standard agreement is not clear and controversial, the employer and the employee may renegotiate; consultation fails, the application of the provisions of the collective contract; there is no collective contract or the collective contract is silent on labor remuneration , the implementation of equal pay; there is no collective contract or the collective contract is silent on the standard working conditions, applicable state regulations.
Blue ling management proposals:
From a legal perspective that the staff did not solicit the views of the labor contract is invalid, it will bring about the potential risks and employment law disputes; from the management level that the staff did not conduct in-depth, effective communication, employees can not understand real ideas, it is impossible to the most appropriate staff on the most suitable positions. This will greatly weaken the cohesion of the enterprise, the enterprise culture into empty talk.
Blue Ling solution:
1, Blue Ling EKP_HR management function to provide an interview. Signing, renewing the labor contract, may contract details with the staff to conduct a comprehensive, adequate communication, and communication records can be preserved for the record, for later queries.
2, Blue Ling EKP_HR also provide network signature feature, the communication between staff records confirmed that for future consultations as strong evidence of both sides to avoid miscommunication lead to labor disputes.
Management puzzled three: staff leave to take leave clearance certificate?
The new labor law:
17th labor contract shall have the following terms:
(E) working hours, rest and vacation
74th local people's governments above the county level labor administrative departments shall implement the labor contract system in the following conduct supervision and inspection:
(D) the employer to comply with the country on working hours, rest and vacation provisions of the
Blue ling management proposals:
Workers have the right to leave the clear provisions of the labor law, companies must establish a sound management system vacation to avoid the violation of labor law to bring labor disputes.
For Qiyeneibu management Lai Yue, establish a sound management system to standardize on leave staff management and business based on business conditions of the vacation make reasonable adjustments.
Blue Ling solution:
1, Blue Ling EKP_HR leave management to provide a rich feature that allows employees to submit leave applications online through the portal, and according to set good processes for approval and confirmation.
2, the system allows staff to conduct special operations leave, such holiday treatment.
3, system support for different vacation categories returned from treatment, such as paid leave, vacation pay, paid leave, etc. arrived, and linkage of data and payroll modules, automatic calculation of vacation pay.
4, leave records for all employees automatically saved by the system, and are free to export the data backup.
The fourth management puzzle: the company's employees to work overtime after approval?
The new labor law:
绗笁鍗佷竴鏉?Employers shall strictly implement the work quota standards and may not be compelled or coercion of workers to work overtime. Employer arranged overtime shall be in accordance with the relevant provisions of the State to pay overtime to workers.
Blue ling management proposals:
Standardized management of the company's overtime, both follow the labor law needs, but also regulate the internal management of the necessary measures. Follow the labor laws in order to avoid labor disputes, regulate the internal management, to a reasonable distribution of work content. Only the right amount of work arrangements in order to allow employees not too leisurely, not too busy, so as to maintain the staff of the fun, create a harmonious corporate culture.
Blue Ling solution:
Blue Ling EKP_HR provides a wealth of overtime management features:
1, Blue Ling EKP_HR employees can submit applications for additional flights online portal, and according to set good approval and confirmation processes.
2, the system allows employees to work overtime to conduct special operations, such as transfer class treatment, holidays automatic filtering, control of overtime hours.
3, system support the results based on the diversification of overtime treatment, such as days off, paid overtime wages, and the linkage of data and payroll modules, automatic calculation of overtime pay.
4, overtime records of all employees by the system automatically save and summary, by setting the upper limit of the automatic warning overtime, to be run through the short message is sent to work overtime or management responsibility for people, and are free to export the data to back up.
Management perplexity 5: Staff mobility positions, both parties have to communicate the record of interview you?
The new labor law:
17th labor contract shall have the following terms:
(D) job content and workplace
35th The employing unit and the employee so agree, you can change the contents of the labor contract. Change the labor contract shall be in writing.
Blue ling management proposals:
Time employees in enterprises, because the reasons for business or employees, may need to change jobs or work content, and this inevitably involves the content of 鏇存敼 labor contract. Enterprises must establish a standard labor contract change management system and the formation of the corresponding documents for the record of unknown origin. At the same time, changing jobs or job content, enterprises must be fully in advance and employees, effective De Goutong ensure uniformity by the consultation process of adjustment and a corresponding communication records in order to Chansheng labor Jiufen can serve as both the effective Xieshang evidence.
Blue Ling solution:
1, Blue Ling EKP_HR change management capabilities to provide the labor contract, labor contract, which can adjust the specific content;
2, the labor contract changes for each item every time, or are recorded in the system, to facilitate business inquiries;
3, interview management system, you can change on the labor contract issues and employees to communicate online, staff in obtaining the consent and signature confirmation to operate under the premise;
4, after a change in the labor contract content can be built through the system to send notification to employees, employees at higher levels, the company leadership or other stakeholders.
Six management puzzle: an employee resigns, there is my resignation apply?
The new labor law:
37th The laborers on the 30th in advance written notice to the employer, may terminate the labor contract. During the probation period of three days in advance to inform the employer may terminate the labor contract.
Blue ling management proposals:
Staff offered to resign for, companies need to understand the real reasons employees resign and take the appropriate management measures. Such as retention of key employees to resign if there's a possibility? Employees to resign due to business or the employees themselves and so on. Meanwhile, the employee resigns is bound to company post a vacancy, we need to identify who Jinxingbuchong Geshi, if Mo You advance notice to allow the company to be passive, and severely affect the Gang Wei, Suozaibumen and even the overall company's forward 璁″垝.
Blue Ling solution:
1, Blue Ling EKP_HR allows employees to submit his resignation through the portal, and through pre-setting process for approval and recognition;
2, in the resignation application form, the user can customize the content necessary for employees to fill in for his resignation, such resignation because, resignation time.
3, by Blue Ling EKP_HR interview management, implementation, and the resignation of employees of online communication, and take the corresponding pieces of the solution;
4, through the Blue Ling EKP_HR in the knowledge management function, improve the work of the position and knowledge base cases for new hires to quickly learn about the status of the job content and work processes to minimize the mobility of the negative impact of work;
5, staff resignation, communication records are on the system to automatically save and record, to facilitate possible future labor disputes to query and browse.
Management and perplexity, 7: Enterprise dismiss employees, have a good reason and evidence?
The new labor law:
36th The employing unit and laborers consensus, may terminate the labor contract.
The employing unit of the 43rd unilaterally terminate labor contracts, the reasons should notify the union in advance. Employer violates laws, administrative regulations or the labor contract, labor unions have the right to require the employer to rectify. Employers should study the views of trade unions, and the results written notice to the union.
Blue ling management proposals:
Enterprises lay off workers need to meet the necessary conditions of labor law, and dismissed employees and trade unions and consultation. Enterprises should be treated carefully dismissal of employees, to ensure there is sufficient reason and evidence, otherwise, both Keneng labor law violation issued, the enterprise may also have adverse impact on other Yuan Gong, reduce retained staff of the enterprises of the trust and loyalty.
Blue Ling solution:
1, Blue Ling EKP_HR allow Human Resources to submit a single application to dismiss employees, detailing the reasons for dismissal and evidence, and by pre-setting process for approval and recognition;
2, the dismissal of the information in a timely manner through the to-do, warning, notification messages and other functions are dismissed employees, unions and other related objects, and through the Blue Ling EKP_HR interview management, implementation, and human resources and staff were to resign, Human Resources and trade unions, between the dismissed employees and trade unions of online communication and communication;
3, by Blue Ling EKP_HR in the knowledge management function, improve employee dismissal cases where the level of the work and knowledge base so that new hires can quickly understand the status of the job content and work processes to minimize the mobility of the negative work impact;
4, all communication records are automatically saved in the system and for the record, to facilitate possible future labor disputes to query and browse.
Confusion of the eight management: business and the employees are signed training agreements, confidentiality agreements and non-competition agreement?
The new labor law:
Article 2 employer for the employee to provide specific training costs, the special technical training, it may enter into an agreement with the workers, contract of service.
Article 3 employer and the employee can be conservative in the labor contract the employer's trade secrets and intellectual property matters of confidentiality.
Twenty-four competition restriction limited to the employer of persons senior management, senior technicians and other personnel duty of confidentiality. Competition restriction of the scope, territory and term of agreement by the employer and the employee, the agreement must not violate non-competition laws and regulations.
Blue ling management proposals:
As the business needs of enterprises, workers will provide special training costs. This requires HR to take corresponding measures, such as the development of training protocols, training staff after the switch to avoid the risks, maximize the benefits of the company's training.
For the company's core talent, companies need to establish a standard of secrecy and competition restriction management system to avoid employees leaving the company after the business of competitors, and the company's core leaking secrets to the company a great loss.
Training agreements, confidentiality agreements, non-competition agreements should be strictly in accordance with labor law regulations, avoid the agreement is invalid, the company in a passive position.
Blue Ling solution:
1, through the blue portal Ling EKP_HR to send staff training agreements, confidentiality agreements, non-competition agreements signed by the text and intent;
2, Lan Ling EKP_HR interview by management to communicate the specific details of the agreement and in accordance with the provisions of labor management and staff will make reasonable adjustments;
3, by Blue Ling EKP_HR approval flow management, the realization of all the online approval and signing of the agreement, and the formation of the original records be retained for the record;
4, Blue Ling EKP_HR through knowledge management, communication of all the texts and records of centralized management, ease of business and employees in timely fashion here;
5, Blue Ling EKP_HR support the implementation of the agreement recorded and managed, and can monitor all real-time implementation of the agreement state;
6, in the agreement null and void time to arrive, the system can be done, e-mail, automatically send warning messages and other tips related to personnel;
7, Blue Ling EKP_HR support costs incurred due to sign the agreement and payroll management module for data linkage, through the payroll function of processing costs on the agreement.
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