(a) phase i: the preparatory phase, with the identification of the posts and numbers to be recruited;
Phase ii: the recruitment implementation phase, which involves the dissemination of recruitment information; the collection and screening of applications; testing and interviewing; and recruitment。
What are the legal risks involved in recruiting staff
1. Legal risks of failure by employers to comply with their obligation to inform in good faith when recruiting staff
As a result of the obligation to inform the employer in good faith of matters of interest to the worker when he or she is seeking employment, the employer may be guilty of fraud if he or she, when recruiting the worker, fails to inform him or her of the content of the work, the working conditions, the workplace, occupational hazards, safe working conditions, remuneration, and other information he or she requests. Under article 26 of the law, a labour contract is void if it is entered into or changed by means of fraud, coercion or by taking advantage of a person's risk, contrary to the true intent. Article 38 provides that an employee may, by means of fraud or coercion or by taking advantage of a person's risk, render a contract of employment null and void if the employer has entered into or changed it against its true intent. Article 46 stipulates that employers shall pay financial compensation to workers whose employment contract is terminated in accordance with article 38 of this act. Article 47 provides that financial compensation shall be paid to the worker on the basis of the number of years of his or her employment at his or her place of work and the rate of payment of one month's salary for each full year. (b) financial compensation for half a month's salary for those aged six months and less than one year; article 86 provides that the faulty party whose labour contract has been declared invalid under article 26 of this law and has caused damage to the other party shall be liable。
In the light of the above-mentioned legal provisions, employers face payment or legal consequences if they fail to fulfil their obligation to inform them in good faith, and if they are able to demand the termination of their contract of employment in the course of the labour process by failing to do so。
2. Legal risk of failure to scrutinize the applicant's health。
Under article 42 of the labour contracts act, an employer may not terminate an employment contract if the worker suffers from illness or injury for the duration of the medical treatment prescribed. In addition, the termination of an employer's employment contract is strictly restricted even after the expiry of the medical period, as stipulated in article 40, subparagraph (a), of the labour contracts act, when the worker is sick or is not injured at work, and after the expiry of the medical period, he or she is unable to perform his or her original work or to perform another job arranged by the employer. Therefore, if the recruitment process does not closely examine the applicant's state of health and results in the entry of an unhealthy employee, then the employer will have to incur significant costs afterwards。
3. Legal risk of seizing workers and other documents, requiring them to provide security or collecting property from them in other names
If the employer seizes documents such as the worker's identity card, he or she is ordered by the labour administration to return the worker to him or her for a limited period and to impose penalties in accordance with the relevant legal provisions。
If the employer collects from the worker, under warranty or otherwise, or seizes the worker's files or other items, the labour administration shall order the worker to return them for a limited period of time, and shall impose a fine of between $500 and $2,000 per person。
4. Legal risks of employing workers whose employment contract has not been terminated or terminated
Article 91 of the labour contracts act provides for joint and several liability for the employment of workers whose employment contract has not been terminated or terminated with other employers. Article 11, paragraph 3, of the supreme people's interpretation of certain issues of the law applicable to the trial of cases provides that: “the new employer and the worker shall be considered as co-defendants when the former employer has filed a complaint with the people's court on the grounds that the new employer and the worker have joined them.” if the employer does not critically examine whether the applicant has terminated or terminated the employment contract with the other employer, there is a risk that the applicant will be subject to litigation and corresponding legal liability. While in practice there are numerous obstacles to proof of loss by the original employer, the costs incurred by the new employer for the costs of responding to a claim for legal liability by the new employer are also costs。
5. The legal risk of candidates signing legal documents with their original employer is not strictly examined。
The employer shall be aware that if the employee enters his or her own office in breach of his or her obligations by signing the relevant legal documents, or if the employee uses his or her “resources” (i. E. Technical materials, business information, etc., which the employee has at his or her disposal when he or she works at his or her place of work), the employer may incur some responsibility for the violation of the employee's original establishment, regardless of whether the employee's conduct is in good or bad faith. Therefore, when recruiting and hiring employees, the employer should ask whether the proposed employee has legal documents such as a confidentiality agreement, a competitive avoidance agreement, and whether the employee has violated the agreement in his/her place of work and may, if necessary, produce the relevant confirmation documents。
In order to safeguard the interests of the enterprise, employees should be recruited on-line with counsel for the wri network。
