Prevent 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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The Importance of Recruitment Requirements

You all know from my last post that the employer could cancel the labour contract during probation period if the employee could not satisfy the recruitment requirements. However, satisfying the recruitment requirements is not equal to capability of doing one’s job.

Recruitment requirements are the requirements illustrated in recruitment advertising,  not some requirements the employer could come up with  during the probation time. Thus, don’t try to fire any employee by reason of incapability of doing one’s job unless this reason  is stipulated in your recruitment advertising.

Unfortunately, the enterprises always ignore the importance of recruitment advertisement. I have to suggest that the more concrete the recruitment ads are, the better it will be.

Posted in Probation Period, Recruitment | 1 Comment »

How does the foreigner obtain employment in China?

1. any foreigner seeking employment in China shall meet the following conditions: 

       (1)18 years of age or older and in good health 

      (2)with professional skills and job experience required for the work of intended employment; 

  CONTINUE READING…

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How does the foreign representative office in China employ personnel?

  1.  The foreign representative office (hereafter as “RO”)  is not allowed to recruit workers and staff in China on their own.
  2.  When hiring Chinese personnel, the Foreign RO should do it through the Foreign Service Company.  Thus, the Foreign Service Company and the employee that the representative office needed shall sign the employment contract, and then the representative office as an end-user could sign Labour Dispatch Serivice Contract with Foreign Service Company.
  3. Could the Foreign RO hires foreigner as employee?

            The answer is No,  because the foreign RO couldn’t hire the foreign employee by itself, and the Foreign Service Company could only dispatch Chinese employee.

           However, the foreign enterprise which established the RO could  hire foreigners as the chief representative (1 person) and representatives (1-3 persons) of the RO  in China.

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