Every enterprise has its own standards and processes for new employees' entry procedures. The process is not complicated, but there are many risks. Therefore, it has become a compulsory course for HR to handle the entry procedures for new employees.

那么入職手續(xù)辦理過程中，常見的用工風險都有哪些呢？讓我們跟著獵頭們一起來看看吧。

So what are the common employment risks in the process of entry procedures? Let's follow the headhunters.

1、健康狀態(tài)審查缺失

1. Lack of health status review

現(xiàn)實中往往是員工入職后用人單位才發(fā)現(xiàn)員工入職前就存在潛在疾病甚職業(yè)病。

In reality, it is often the employers who find that there are potential diseases or even occupational diseases before the employees are employed.

危害：勞動者沒有違法違紀的情況下，不能隨意解除勞動合同。用人單位是不能以身體條件為由辭退勞動者的，而必須要等到醫(yī)療期滿。醫(yī)療期滿后，不能從事原工作，也不能從事由用人單位另行安排工作的，才可以解除合同，并且要支付經濟補償金。如果發(fā)現(xiàn)員工患有的是職業(yè)病，那企業(yè)的責任就更大。

Harm: workers can not terminate the labor contract without violating the law and discipline. The employer can't dismiss the laborer on the ground of physical condition, but must wait until the expiration of medical treatment. After the expiration of the medical treatment period, those who can not engage in the original work or other work arranged by the employing unit can terminate the contract and pay economic compensation. If it is found that employees are suffering from occupational diseases, the responsibility of the enterprise is even greater.

正確方法：員工入職前的健康檢查是非常必要的。實踐中，企業(yè)可以要求員工在入職前提供正規(guī)的體檢報告或者要求到指定醫(yī)院參加體檢。

Correct method: it is very necessary for employees to have a health examination before they are employed. In practice, enterprises can require employees to provide formal physical examination reports or to participate in physical examination in designated hospitals.

2、勞動關系狀態(tài)審查不明確

2. Labor relations status review is not clear

危害：《勞動合同法》明確規(guī)定：用人單位招用尚未解除勞動關系的勞動者，對原用人單位造成經濟損失的，該用人單位應依法承擔連帶賠償責任。

Harm: the labor contract law clearly stipulates that if an employer recruits workers whose labor relations have not been terminated and causes economic losses to the original employer, the employer shall bear joint and several liability for compensation in accordance with the law.

 

正確方法：用人單位在招聘員工時，需要查驗其是否還存在有效的勞動合同，是否屬于企業(yè)停薪留職人員、未達到法定退休年齡的內退人員、下崗待崗人員以及企業(yè)經營性停產放長假人員等。通常采取的方式是要求應聘員工出具前一個用人單位的離職證明。

Correct method: when recruiting employees, employers need to check whether they still have valid labor contracts, whether they belong to the employees who have not reached the legal retirement age, those who are laid-off, and those who have stopped production for business and have long holidays. The usual way is to require the employee to issue the resignation certificate of the previous employer.

3、保密義務與競業(yè)限制義務審查缺失

3. Lack of review on confidentiality obligation and non competition obligation

了解求職者是否與原單位簽訂有保密協(xié)議、是否簽訂有《競業(yè)限制協(xié)議》。

Find out whether the job seeker has signed a confidentiality agreement with the original company and a non competition agreement.

危害：如果企業(yè)招用的員工對原單位負有競業(yè)限制義務，原單位有可能提出該員工泄露了其商業(yè)秘密并給其造成了損失，就有可能將員工與新單位一起告到法院，新單位就要受到牽連。

Harm: if the employee recruited by the enterprise has the obligation of non competition to the original unit, the original unit may claim that the employee has leaked his business secrets and caused losses to him, it may sue the employee and the new unit to the court together, and the new unit will be involved.

正確方法：人力資源部門應對員工進行詢問，必要時聯(lián)系原單位進行確認，并制作書面確認文件。尤其是知識性、技術性或從事重要崗位的勞動者。如果員工與原單位簽訂了“競業(yè)限制協(xié)議”而且本單位在限制競爭公司范圍內，則應對該員工不予錄用。

Correct method: the human resource department should inquire the staff, contact the original unit for confirmation if necessary, and make a written confirmation document. Especially the workers who are knowledgeable, technical or engaged in important positions. If an employee has signed a "non competition agreement" with the original company and the company is within the scope of limited competition, the employee shall not be employed.

4、資質審查有漏洞

4. There are loopholes in the qualification examination

入職前，應要求求職者提供與應聘職位相關的學歷證明和各種資格證明。

Before employment, job seekers should be required to provide academic certificates and various qualification certificates related to the applied position.

危害：如果用人單位忽視上述審查，使得勞動者以欺詐手段騙取錄用，將導致勞動合同無效，同時使企業(yè)付出較大的招聘成本。

Harm: if the employer ignores the above review and makes the workers cheat to get employment, the labor contract will be invalid and the enterprise will pay a large recruitment cost.

正確方法：將相關資格證書送機構驗證，或登錄相關網(wǎng)站查詢等。

Correct method: send relevant qualification certificate to professional organization for verification, or log in relevant website for inquiry, etc.

入職手續(xù)雖然簡單，但是做的不好，輕微的會給新員工公司不規(guī)范的感覺，嚴重的會給公司造成法律風險。同時，也會給HR的職場生涯帶來后繼的麻煩。所以完善的入職流程是必不可少的。

Although the entry procedures are simple, they are not well done. Minor ones will give new employees the feeling that the company is not standardized, and serious ones will cause legal risks to the company. At the same time, it will bring trouble to HR career. Therefore, a perfect entry process is essential.