How Should I Conduct Employee Reviews?

The new employee onboarding process is divided into six major steps:

New employee onboarding process

The new employee onboarding process is divided into six major steps:

1. Preparation for employment;

2. Onboarding registration;

3. Entry procedures;

four,

1. The manpower center sends the "Notice of Acceptance" to the qualified candidates;

2. Confirm the registration date of the new employee, and notify the new employee to come to the company to clearly report the matters needing attention before reporting: the required information, physical examination and other instructions

3. Notify the personnel assistant new employee registration date. The personnel assistant prepares the necessary forms for the new employee onboarding procedures and is responsible for implementing various tasks according to the contents of the "New Employee Onboarding Notice":

-The employing department is responsible for arranging office space, applying for computers and telephones;

-The administrative office is responsible for distributing office supplies;

--The information group is responsible for opening mailboxes, accounts, and debugging computer equipment.

-Apply for employee ID and access registration

1. The manpower center issues the "New Employee Registration Worksheet" to new employees and completes the entry procedures as required:

--Employees fill in the "Application Registration Form" and submit various certificates for inspection:

1. Fill in the Employee Resume Form.

2. Issue the "Compilation of Institutions" to introduce new employees to the company and its management system, so that they have basic company working knowledge, and require them to know further information through the company's internal network.

3. Complete the entry procedures item by item according to the "List of Entry Procedures for New Employees".

4. Confirm the time when the employee transferred to the personnel file.

5. Introduce management to new employees.

6. Bring new employees to the department and introduce them to the department general manager.

7. Pass the situation of new employees

1. Organize new employee training.

2. Professional technical training for corresponding functions

3. The training of the company's development history, corporate culture, functions and relationships of various departments, etc., is held from time to time by the company's management.

1. It is an opportunity to evaluate the work of employees, and it is also an important part of the company's optimization staff.

2. Promoting is a kind of affirmation and recognition for employees. Good implementation of the probabilistic assessment process can provide employees with an opportunity to recognise themselves and work, and help employees improve themselves.

3. The transfer of general employees is subject to approval by the employing department and the personnel department and relevant procedures.

4. When the new employee has completed the internship period, the personnel department will arrange for a positive evaluation. Employees conduct self-assessments of their work during the probation period and are evaluated by the direct manager. The results of the direct manager's assessment will be decisive for the employee's turnaround.

According to the requirements of the "New Employee Registration Work Order", new employees should sign this form at the end of the probationary period and file the manpower center after the completion of various tasks.

Article 8 of the Labor Contract Law states: " Employers shall truthfully inform the workers of their work content, working conditions, work place, occupational hazards, production safety status, labor remuneration, and other information required by workers when recruiting them. The employer has the right to know the basic situation of the laborer directly related to the labor contract, and the laborer shall truthfully explain it. "

Responsibilities for onboarding review and techniques for proof

(1) Employer's obligation to inform workers and the right to employment review

As can be seen from the above provisions of the Labor Contract Law, as an employer, when signing a labor contract with a worker, it has obligations and rights in the following two aspects:

1. It is obliged to notify the basic situation of the unit directly related to the labor contract.

When signing a labor contract with an employee, the employer shall inform the employee of relevant content, such as the work content, working conditions, work place, occupational hazards, work safety status, labor remuneration, and other conditions that the worker requires to know in accordance with the law. Wait. Even if workers do not ask, they must take the initiative to inform. At the same time, the written evidence shall be actively preserved.

2. Have the right to know and review the basic conditions directly related to the labor contract.

Employers also have the right to know the workers, that is, they have the right to know the basic conditions of the workers directly related to the labor contract, such as the age, gender, education, professional skills, work experience, and health status of the workers. The above situation requires the workers to provide relevant written certification materials, and the employer should also keep, master and manage it.

From the above example, we should note that the notification content of this intermediate employer is relatively extensive, covering the entire content of the labor relationship, while the laborer's notification obligation is relatively small, limited to the basic directly related to the labor contract. In practice, it is nothing more than age, home address, education background, education background, work experience, whether to terminate the contract with the former unit, etc., but the workers may not answer for situations that have no direct relationship with the labor contract.

(2) Legal risks of employers in matters of notification obligation and on-boarding review

The failure of the employer to fulfill the obligation to notify the onboarding and the lack of attention to the onboarding review will bring great risks to the unit itself.

1. Legal risks of the employer's failure to perform its notification obligation.

It is a statutory obligation for the employing unit to take the initiative to inform the employed personnel. Failure to perform this legal obligation will affect the validity of the labor contract. According to the provisions of Article 26 of the Labor Contract Law, concealing the real situation and inducing the other party to make a wrong judgment and signing a labor contract can be regarded as fraud. The fraudulent method made the other party contrary to the true meaning of the contract. A labor contract can be regarded as an invalid labor contract. The contempt of workers' right to know may also bring great legal risks to the employer, and may even need to bear serious legal responsibilities. For example, without notifying workers of occupational hazards, the "Occupational Disease Prevention and Control Law" stipulates that employers should be fined 20,000 to 50,000 yuan.

2. Legal risks of employers not strictly conducting on-boarding review.

The simplification and formalization of the recruitment process of the employer, not paying attention to the on-boarding review, and despising the on-boarding review, will bring great risks to the employer's employment. If an employer is hiring, if the identity, education, professional qualifications, and work experience of the applicant are not strictly checked, and the applicant is fraudulent, it will result in incompetence, waste of wages and benefits, and waste of recruitment work. Serious consequences such as management costs and invalid labor contracts. The most direct legal risks are the following two aspects: First, no on-boarding review is carried out. If a worker joins the office by fraud, it can invalidate the labor contract. Article 26 of the Labor Contract Law stipulates that a labor contract entered into by the other party against the true intention is invalidated or partially invalidated by fraud. The second is the employment of workers who have not terminated or terminated their employment contracts with other employers and caused losses to other employers, and they shall bear joint and several liability. Article 91 of the Labor Contract Law stipulates that if an employer recruits workers who have not cancelled or terminated its employment contract with other employers, and causes losses to other employers, it shall bear joint and several liability.

From the above explanation, we can see that if the employee complains that the employer has not fulfilled the obligation to notify the employee, or because the employer's employment review is not strict, and the employee's labor contract is terminated on the basis of fraud, they have the burden of proof.

(3) Evidential skills and methods for employers to inform their obligations and employment review:

1. Techniques and methods for the employer to prove its obligation to inform:

In operational practice, from the perspective of proof, the employer should inform the worker in writing and retain relevant evidence. The following three measures can be adopted:

(1) Declare in the employee registration form. Design relevant columns in the employee entry registration form, and require the workers to declare after the unit has informed the situation: the unit has informed me of the work content, working conditions, work place, occupational hazards, work safety status, labor remuneration, other conditions, signature confirmation.

(2) Design notification clauses in labor contracts. This is a relatively labor-saving method. For example, in the basic conditions of the labor contract regarding both Party A and Party B, one can state: For other information that Party B requires to know, provide Party B with a recruitment brochure or provide oral notification to Party B. Party B signs or seals this contract as if it has accepted the above information notified by Party A. "The contract clause states that the employer has informed, It can prevent legal risks caused by the right to know.

(3) Workers are required to provide a written statement. That is, after written or verbal notification, the workers are requested to sign and approve it and retain it as evidence.

2. Techniques and methods of the employer's on-board review and proof:

Workers' fraud is basically to provide false information, such as fake diplomas, fake documents, false experiences, etc. Therefore, employers should establish an effective employment review system and properly apply the legal provisions of the right to know.

(1) Set up the Employee Registration Form as evidence. The form lists various items related to the signing of labor contracts by the workers. The applicants are required to fill in the facts without deception. The employer shall properly manage and keep the "Entry Registration Form for Employees" as an attachment to the labor contract. Once fraudulent behaviors are discovered on the part of the employee, it can be handled as evidence. The employee's disagreement is the most direct and effective evidence.

(2) Require workers to provide relevant personal data for evidence. For example, whether the information such as identity, education, qualifications, work experience, etc. are true; whether there is potential disease, disability, occupational disease, etc .; whether the applicant is over 16 years old or whether he is retired to enjoy pension insurance benefits; Labor contract; whether there is an agreement to restrict employment with other units; if foreigners are recruited, whether to go through employment procedures for foreigners. Especially when recruiting laborers with working experience, they should be required to provide proof of termination or termination of the labor contract with the former unit, and keep the original. If the labor contract has not been terminated, the original unit is required to produce a written certificate agreeing to the employee's entry. At the same time, laborers with working experience should be required to promise not to assume the obligation to restrict competition, and verify with the original unit to avoid unpredictable litigation risks.

(3) Design clauses in labor contracts for use as evidence. In order to avoid the legal risks caused by the inadequate on-boarding review, the labor contract may specify: "Party B shall provide a verifiable resident identity card or other valid identity card, academic certificate, professional qualification certificate in accordance with Party A's requirements , And the last service unit's resignation certificate, marriage and birth certificate, medical examination certificate of Party A's designated hospital, and related basic information directly related to this labor contract, according to the "Employee Registration Form" provided by Party A, I truthfully fill it out and attach it to the labor contract. This will add the responsibility of providing legal identity documents and other documents to the applicant, and if problems occur after the event, measures can be taken to remedy, which can not only reduce losses, but also Use legal weapons to sanction fraudsters.

(4) Establish a staff register and keep it as evidence. Article 7 of the "Labor Contract Law" stipulates: "Employees have established labor relations with workers since the date of employment. The employer shall establish an employee register for reference." It can be seen that establishing an employee register is a legal obligation of the employer. The purpose of requiring the employer to establish a staff register for inspection is to solve the difficulties of laborers in proving evidence in the event of labor disputes and to prove the existence of the labor relationship between the two parties. There is this provision. As the staff register is held and managed by the employer, There is a burden of proof.

Article 8 of the "Implementation Regulations of the Labor Contract Law" specifically stipulates what should be included in the "employees' register": "The employee's register as stipulated in Article 7 of the Labor Contract Law shall include the name, gender, citizenship number, and household registration address of the employee And current address, contact information, form of employment, starting time of employment, duration of labor contract, etc. "It seems that the establishment of an employee roster in accordance with Article 8 of the Implementation Regulations is by no means a trivial matter. If there is no employee roster, there are employees The items and contents that are not provided in the roster are subject to adverse legal consequences and even subject to administrative penalties. Article 33 of the Implementation Regulations of the Labor Contract Law stipulates that: "If an employer violates the provisions of the Labor Contract Law regarding the establishment of a staff register, the labor administrative department shall order correction within a time limit; if it fails to make corrections within the time limit, the labor administrative department shall charge 2000 yuan or more2 A fine below 10,000 yuan. "

The evidentiary power of the employee roster actually plays an important role for both employers and workers. For those employees who have not left, the employee roster is an important evidence for the employer to claim compensation from him. From the perspective of employees, the employee roster is the best proof of the labor relationship between the employer and him. Of course, for law enforcement inspectors of the labor administrative department, the employee register is the first material that must be inspected.