Prevent Legal Risks During Recruitment

Legal Risks During Recruitment…

Someone emailed me to ask about the recruitment, then I realise I need to write something about it, because this is a very important part before concluding a labour contract, lots of potential legal risks, but few rules or regulations.

Risk 1: Vague Recruitment Requirements on Recruitment Advertisement

          Recruitment Requirements are something the employer could count on when it wants to fire an employee during probation period. Thus, the employer needs:

          1) to detail the common requirements on recruitment ad, such as good health, honest, education, working experience, working time, etc.

          2) to detail the specific requirements of the position, such as certain certificate or certain working experience.

         3) let the interviewee sign the “recruitment requirement” and keep it.

Risk 2: Providing Fake Information

        Providing fake information is a dangerous thing to do, no matter for employer or employee, which may lead to invalidation of the labour contract and compensation. Thus, as an employer, you shall:

       1) print the resume and make sure the interviewee sign on it;

       2) prepare a registration form to let the interviewee fill it in. The form may include the basic personal information and  the information you want to know from the interviewee, but it is not showed on resume.

       3) tell the truth of your company, for example, don’t exaggerate the scale of your company;

Risk 3: Discrimination

        No discrimination about age, gender, nation, deformity, non infectious virus carrirer…

       Even you have discrimination about something, don’t show it on your recruitment ad or your interview, otherwise, you might be sued for it.

Risk 4:  Didn’t Do Health Test

          If you hire someone with some disease, you may have to pay the sick leave wage  for their treatment period.

         However, pregany or non infectious virus carrier shall not be considered as not healthy.

Risk 5: Forget to Promulgate Employee handbook

        How to prove you have promulgated your employee handbook? Prepare a signature page at the end of employee handbook and let the employee sign on it.

What’s the purpose of letting the interviewee or employee sign on the documents mentioned above?

Saving the evidence, you shall know the employer is liable for providing evidences  in China when labour disputes arising.

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