1, do not recruit people without legal identity documents。
Risk points: According to Article 67 of the Provisions on Employment Services and Employment Management, useWhere an individual unit recruits a person without a legal identity document, the administrative department of labor guarantee shall order it to make correctionsAnd may be imposed a fine of not more than 1,000 yuan;If damage is caused to the party concerned, compensation shall be borneIndemnify liability。
2, do not recruit minors under the age of 16。
Risk point: According to the relevant provisions of Article 6 of the Provisions on the Prohibition of Child Labor, the employerIf child labor is used, the labor guarantee administrative department shall pay 5,000 per month for each child child usedThe standard penalty of a fine is given。
3. Do not hire employees who have not yet terminated labor relations with other employers。
Risk point: According to the provisions of Article 91 of the Labor Contract Law, the employing unit recruitsThe employee whose labor contract has not been rescinded or terminated by the employing unit shall be given to another employing unitIf it causes losses, it shall bear joint and several liability for compensation。
4. The labor contract shall be signed within 30 days from the date of employment。
Risk point: According to the provisions of Article 82 of the Labor Contract Law, if the employer has not concluded a written labor contract with the worker for more than one month and less than one year from the date of employment, it shall pay twice the monthly wage to the worker。
5. Apply for social security registration 30 days from the date of employment。
Risk point: According to Article 84 of the Labor Contract Law,The employing unit does not handle social insurance registration,Ordered by the social insurance administrative department to make corrections within a time limit: failure to make corrections within the time limit,The employing unit shall be fined not less than twice but not more than three times the amount of social insurance premiums payable,The persons directly in charge and other persons directly responsible shall be imposed a fine of not less than 500 yuan but not more than 3,000 yuan。In addition, due to the failure to pay social security for employees, employees during this period of injury, all injury benefits are borne by the employer。
6. Pay wages in full according to the labor contract。
Risk point: According to Article 38 of the Labor Contract Law, if the employer fails to pay labor remuneration in full and on time, the worker may terminate the labor contract。At the same time, the worker shall have the right to claim economic compensation from the employing unit。另外,According to the relevant provisions of Article 85 of the Labor Contract Law,The employing unit fails to pay labor remuneration in full and on time in accordance with the provisions of the labor contract or the provisions of the State,The Labour administrative department shall order the payment of Labour remuneration, overtime pay or economic compensation within a time limit;The labor remuneration is lower than the local minimum wage standard,The difference shall be paid;Overdue payment,The employing unit shall be ordered to pay additional compensation to the laborer at a rate between 50% and 100% of the amount payable。
7. Keep employee attendance records。
Risk point: According to the relevant provisions of Article 54 of the Regulations on Wage Payment of Jiangsu Province,The employing unit fails to record the laborer's attendance, and the retention period of attendance records is less than two years,Or a list of workers' salaries is not provided,The administrative department of human resources and social security shall order correction within a time limit;Not corrected within the time limit,A fine of not less than 20,000 yuan but not more than 50,000 yuan shall be imposed on the unit,A fine of not less than 10,000 yuan but not more than 30,000 yuan shall be imposed on its legal representative or the principal responsible person, the person directly in charge and other persons directly responsible。
8. The employee will sign and confirm the attendance and salary letter in person before the payment of wages。
Risk point: If the employer thinks that the actual monthly salary has included overtime pay, then it should make a written salary composition table before the salary is paid
The worker verifies attendance, overtime and the amount of labor compensation due。After the employee verifies that it is correct, it will be kept as the attendance record。If an employee claims labor arbitration in the future on the grounds that the employer has not paid overtime, the evidence can prove that the employer has paid wages and overtime in full。
9. Pay overtime in full and on time。
Risk points: Overtime pay is part of your salary。If the employer fails to pay overtime to the employee in full, the employee may lodge a claim with the employer at any time within one year after leaving the company;Unit rejection
If the payment is made, the employee may initiate labor arbitration。
10, no matter how busy also to ensure that employees get a reasonable rest。
Risk point: According to the provisions of Article 25 of the Regulations on Labor Security Supervision,The employing unit extends the working hours of laborers in violation of labor security laws, regulations or rules,The administrative department of labor and social security shall give a warning,Order correction within a time limit,And it may be calculated according to the standard of not less than 100 yuan but not more than 500 yuan for each worker harmed,Impose a fine。In addition, if the employee's physical condition deteriorates due to long-term overtime, even if the illness may occur at a later stage and the injury cannot be identified, then the employer cannot release its own responsibility and fault。Therefore, the employer should ensure that every employee has a normal rest and refuse to work while sick。