In May 2021, an Internet company in Hangzhou hired Zhang to take up a development position in the technology department, and agreed that the probation period would be 2 months. After joining the company, the company found that Zhang's work ability was seriously inconsistent with his position, and the most basic ** was like a book to him, and the Internet company immediately decided to extend Zhang's probation period to November 2021. But half a year has passed, and Zhang has made no progress in his post.
As a result, the company dismissed Zhang on the grounds that "it was proved that he did not meet the employment conditions during the probationary period".
Subsequently, Zhang took the dismissal notice and wentLabor arbitration was filedHe claimed that the company should be ordered to pay him the unpaid wages and compensation for the probationary period for violating the agreement, and that the company should bear the litigation costs of the case, with a total amount of more than 80,000 yuan.
on the Internet).
Labor arbitration is a topic that enterprises cannot avoid, especially now that the "post-00s rectification of the workplace" is still hot, the legal awareness and rights protection awareness of workers have been significantly improved, and the probability of initiating labor arbitration has also increased significantly.
At present, the "chassis" of many enterprises is not stable and cannot withstand several tossesIn the event of a legal problem, at least "busy work all year round", or "30 years of hard work, back to the pre-liberation period overnight". So how do enterprises need to deal with labor arbitration in the course of operation? 1. Precaution
Establish a mechanism for the prevention of labor disputes
Preventing the occurrence of labor disputes is the primary task of enterprises in dealing with labor arbitration.
1. Improve the recruitment and entry system, emphasizing the principle of honesty and creditworthiness;
2. Improve the company's rules and regulations and employee handbook to ensure that the rules and regulations and employee handbook are legal and effective;
3. All departments of the enterprise should strengthen cooperation, implement the implementation of rules and regulations and employee handbooks, and keep relevant vouchers.
Through the above measures, enterprises can effectively reduce the occurrence of labor disputes, reduce the risk of labor arbitration, and provide their own claims in the arbitration procedure, even if they cannot be completely avoidedStrong evidence
2. Respond in the matter
Actively negotiate,Careful preparation of arbitration proceedings
If a negotiated settlement of the labor dispute cannot be reached, the enterprise needs to carefully prepare for the labor arbitration procedure.
1. Enterprises should actively respond to arbitration and litigation and not underestimate the results;
2. Seek the help of a professional labor lawyer to fully understand the legal risks of arbitration.
After the occurrence of labor disputes, enterprises are oftenSend a staff member** to appear in courtHowever, due to the lack of knowledge of labor law among the staff, they are not mature enough to grasp the facts, explain the reasons, apply the law, etc., and lack of practical experience in handling labor dispute cases, so they are often unable to maximize the interests of the enterprise. In the absence of a well-established legal department, it is recommended that enterprises hire professional lawyers to assist in handling labor dispute casesOne isEmployers can accumulate experience in resolving labor disputes by assisting them in handling cases through lawyers; The second isIn the process of dispute resolution, lawyers are often able to identify and repair the company's management loopholes, so as to improve the company's probability of winning the case in the future.
3. Post-event summary
Strengthen the management of human resources in enterprises
Strengthening the management of human resources in enterprises is the solution to labor disputesFundamental approach
1. If a litigation and arbitration case has already occurred, the enterprise should find out the management loopholes as soon as possible and improve the relevant regulations in a timely manner;
Second, improve the allocation of human resources, and establish a mechanism for the allocation of resources.
By strengthening human resource management, enterprises can effectively improve the work enthusiasm and satisfaction of employees and reduce the incidence of labor disputes. 4. Other precautions
During the arbitration or litigation period, the employer fails to apply for a business license, has its business license revoked, continues to operate when its business license expires, is ordered to close down, is revoked, and the employer is dissolved or suspends businessUnable to bear relevant responsibilitiesThe employer and its investors, start-up units or competent departments shall be the joint parties.
The worker received a written notice as the respondentRefusal to appear in court without a valid reasonorWithout the consent of the arbitral tribunalWithdrew from the courtroom, the arbitral tribunal may continue the hearing and award in absentia.
The employer discovers its arbitration claim, facts and reasons, and hearing opinionsNone of them are idealbefore the arbitral tribunal renders an arbitral award, it may withdraw the application for arbitration and resubmit it to arbitration again.
If the employer does not want a large number of employees to attend the arbitration hearing, it can design relevant clauses in the Employment Contract in advance, such as:"In the event of a labor dispute, the trial will not be held in public".
V. Conclusion
For businesses.
The best way to face legal risks is:
"Prevention is better than prevention".
Hire professional legal counsel.
Provide comprehensive legal services for the development of enterprises.
It is conducive to the prevention of legal risks by enterprises.
Guide enterprises to establish a correct concept of legal risk management.
Ensure that businesses do not suffer losses due to ignorance of the law.
Hena's professional team is at your service!