Human resources department management system template collection

Chapter 33 Labor Relations Management (1)
Job Responsibilities and Qualifications of Labor Relations Managers

The labor relationship management post has a crucial position in the management positions of the enterprise. Its main responsibilities are: to establish the enterprise labor management system, analyze and control the labor relationship risks, mediate and handle labor disputes between employees and employees, and maintain the relationship between the enterprise and employees. Harmony and stability, to solve personnel problems for all departments of the enterprise.

Labor Relations Supervisor Job Responsibilities
The direct supervisor of the labor relations supervisor is the human resources manager, and the direct subordinate is the labor relations specialist.Its job responsibilities are as follows.

Responsibility 1: Assist the department manager to improve and implement the relevant system of labor relations.

Responsibility 2: Help the company establish a harmonious labor relationship, and be responsible for the management of labor contracts and labor relations.

Responsibility 3: Responsible for analyzing labor relationship risks according to the actual situation of the enterprise, and formulating strategies to control risks.

Responsibility 4: Responsible for handling and resolving labor disputes that cannot be handled by the labor relations specialist.

Responsibility 5: Responsible for handling emergencies related to employee relations.

Responsibility 6: Responsible for providing guidance for the human resources affairs of various departments of the company.

Responsibility 7: Responsible for assisting superiors in building corporate culture.

Responsibility 8: Responsible for assisting other colleagues in the department to complete the work of human resources.

Responsibility 9: Complete temporary tasks assigned by superior leaders.

Qualifications for labor relations supervisor
Labor relations directors must meet the following qualifications.

Condition 1: Possess a bachelor's degree in law or management, and more than five years of relevant work experience in human resource management.

Condition 2: Familiar with national labor and personnel policies, laws and regulations, and the implementation elements of labor contracts.

Condition 3: Familiar with the management regulations of various social insurances.

Condition 4: Have a good understanding of human resource management in modern enterprises.

Condition 5: Clear knowledge of management and psychology, strong work planning, and affinity.

Condition 6: Possess excellent public relations ability and ability to solve emergencies.

Condition 7: Good oral and written communication skills.

Job Responsibilities of Labor Relations Specialist
The direct supervisor of the Labor Relations Commissioner is the Labor Relations Supervisor and has no subordinates.Its job responsibilities are as follows.

Responsibility 1: Assist the supervisor to complete the drafting of the labor relationship system, and the collection and research of current labor laws and regulations.

Responsibility 2: Responsible for handling employee relations and labor arbitration and resolving labor disputes.

Responsibility 3: Responsible for the procedures of employee entry, regularization and changes.

Responsibility 4: Responsible for tracking the feedback of employee information, establishing good communication with employees, and understanding employee trends.

Responsibility 5: Responsible for transferring company files and handling social insurance procedures.

Responsibility 6: Responsible for building corporate culture, enriching employees' spare time life, and improving employees' enthusiasm for production.

Responsibility 7: Complete other tasks assigned by superiors.

Qualifications for Labor Relations Specialist
Labor Relations Specialist must meet the following qualifications.

Condition 1: Possess a professional degree in law or management.

Condition 2: Have more than three years of relevant work experience in human resource management.

Condition 3: Familiar with national laws and regulations on labor relations.

Condition 4: Have a sense of responsibility and be good at thinking.

Condition 5: Strong work planning and organization.

Condition 6: Good oral and written communication skills.

Regardless of whether it is a labor relations supervisor or a commissioner, in view of the particularity of their work, their qualifications must emphasize familiarity with the country's legal knowledge on labor relations, and have certain management skills and good communication skills.When employees have doubts or disputes, they can give full play to their job skills and professional knowledge to mediate, resolve the conflicts between employees and the company, make employees work with peace of mind, make the company have relatively stable personnel, and protect the interests of employees and the company from infringement.

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Labor contract management
The management of labor contracts is mainly reflected in the four aspects of signing, changing, renewing and rescinding labor contracts.When signing a labor contract, attention should be paid to the authenticity of the employee's basic personal information, the duration of the contract, and the probationary period.The modification of the labor contract must be reflected in written form and confirmed by both parties' signatures; if you want to avoid the number of renewals of the labor contract by changing the labor contract, it is recommended to do it three months before the labor contract expires.It is recommended to renew the labor contract one month before the contract expires; the renewal of the labor contract cannot set a probationary period.The termination of the labor contract must comply with the law, and a written notice must be presented, and the resignation procedures must be completed in a timely manner.

Labor contract management system
Labor contracts are the most important legal documents between employees and enterprises. Strengthening the management of labor contracts is an important task for every enterprise. When formulating labor contract management regulations, they must comply with relevant national laws and regulations.The labor contract management regulations of XX company are listed below for readers' reference.

×× company labor contract management regulations
Executive department file number
Date Approved by Approver Date Year Month Day

General
Article [-] This system is specially formulated in accordance with the "Labor Law of the People's Republic of China", "Labor Contract Law of the People's Republic of China" and relevant national laws and regulations, combined with the actual situation of the company.The purpose is to standardize the signing, performance, renewal, modification, rescission and termination of the company's labor contract, to protect the legitimate rights and interests of both employees and the company from infringement, and to maintain a stable and harmonious labor relationship.

Article [-] The company and its employees must sign a written labor contract on the basis of fairness, voluntariness and consensus in accordance with the provisions of national laws and regulations and relevant policies and the requirements of this system. After signing, both parties must strictly implement it.

Article [-] The conclusion of a labor contract shall follow the following principles:
(1) Strictly abide by the principles of relevant national and local government laws and regulations.

(2) The principle of fairness, voluntariness, and consensus through consultation.

(3) The principle of equality and consistency of rights and obligations.

(4) The principle of honesty and trustworthiness.

Article [-] This system applies to all employees who have established labor relations with the company.

Management Department
Article [-] The centralized management department of labor contracts is the Ministry of Human Resources, which is responsible for a series of management tasks such as the management, signing, renewal, modification, cancellation and termination of labor contracts.

Contents of the labor contract

Article [-] The labor contract consists of the "Labor Contract" and its appendices.

Article [-] The labor contract appendix has the same legal effect as the "Labor Contract". The labor contract appendix includes various special agreements signed by employees during their service in the company and the company's relevant rules and regulations.

Article [-] Various special agreements include the following:

(1) Training agreement.

(2) Confidentiality agreement: limited to positions and types of work that require confidentiality.

(Continued)
(3) Non-competition agreements: limited to positions and types of work that require non-competition.

(4) Service period agreement.

(5) Other agreements that both parties agree to sign.

Article [-] The main contents of a labor contract include the following points:

(1) The name, location and legal representative or principal responsible person of the enterprise.

(2) The employee's name, address, and resident ID card or other valid ID number.

(3) The term of the labor contract.

(4) Work content and work location.

(5) Working hours and rest and vacation.

(6) Labor remuneration.

(7) Social insurance.

(8) Labor protection, working conditions and occupational hazard protection.

(9) Other matters stipulated by laws and regulations that should be included in the labor contract.

(10) Other matters agreed upon by the enterprise and the laborer.

Article [-]. The term of the labor contract.

(1) Classification of labor contracts.It is determined through negotiation between the company and the employees according to the job needs and job characteristics.The term of a labor contract is divided into three types: a fixed term, an unlimited term and a term based on the completion of the agreed task.

(2) The term of the labor contract.The term of a labor contract for the first time is 3 years; the term of a renewed labor contract is generally 15 years. Those who meet the conditions for signing a contract without a fixed term shall sign a contract without a fixed term unless they apply in writing for a fixed-term labor contract.

No.11 The probationary period of the labor contract.

Unless the probation period can be exempted or shortened under special circumstances, all recruits are subject to a probationary period, and the probationary period shall not exceed 6 months at most.The agreement on the probationary period shall be subject to the employment notice issued by the Human Resources Department.

(1) For ordinary employees with a contract period of 3 years or more, the probationary period is up to 3 months.

(2) Employees in higher management positions with a contract period of more than 3 years have a probationary period of 6 months.

Signing, renewal, modification, termination and cancellation of labor contracts
No.12 Signing of the labor contract.

All employees who establish labor relations with the company shall sign labor contracts.Both parties sign a written labor contract on the basis of fairness, voluntariness and consensus through consultation.The labor contract is in duplicate, and the company and the employee each hold one copy.

Signing of labor contracts for new employees: After the employees provide the original copy of the resignation certificate and personal information of the former unit, they must sign a labor contract within one month of the employee's entry.

No.13 Renewal of labor contract.

(1) Upon the expiration of the labor contract and due to business needs, the labor contract can be renewed if both parties agree through consultation.

(Continued)
(2) Within two months before the employee's labor contract expires, prepare for the relevant matters concerning whether the labor contract will be renewed: send the "Labor Contract Renewal Approval Form" to the superior and the department manager, and if the department agrees to the renewal or termination, the human resources The department is responsible for notifying employees to renew or terminate labor contracts.

If the employee agrees to renew, he or she shall reply within 10 days after receiving the notice, and proceed with the renewal procedures 20 days before the expiration of the contract; if the employee does not make a written reply within 10 days, it shall be deemed that he does not agree to renew contract, the contract will be terminated upon expiration.After the labor contract is renewed, if necessary, the renewal filing procedures should be handled according to the regulations of the local labor department.

If the labor contract expires after the service agreement such as ××× or other special agreements have been signed, and the service period agreed between the company and the employee is later than the termination date of the labor contract to be renewed by the department, the termination date of the renewed labor contract shall be the same as the originally signed service period. The termination date of the Agreement shall prevail.

No.14 Changes to the labor contract.

If the labor laws and regulations and other objective conditions on which the company and its employees are based have changed, or due to changes in production and work, organizational adjustments, etc., if either party requests to change the content of the contract, it must send the change request to the other party in written form. One party, the other party shall make a written reply within one week.After mutual agreement, the relevant content can be changed, and the procedures for changing the labor contract can be completed.If no written reply is made within one week, it is deemed to agree to the change.

No.15 Termination of labor contract.

The termination of the labor contract has the following situations:

(1) The labor contract expires.

(2) The labor contract termination conditions appear.

(3) Workers retire.

(4) The worker is declared missing or dead.

(5) The company is revoked, revoked, or declared bankrupt.

After the labor contract is terminated, a "Certificate of Termination of Labor Contract" should be issued.

No.16 Termination of labor contract.

During the execution of the labor contract, the labor contract can be terminated after mutual agreement, and the "Labor Contract Termination Agreement" must be signed. After the labor contract is terminated, the company will issue a "Labor Contract Termination Certificate" to the employee.

Article No.17 If an employee falls under any of the following circumstances, the company can terminate the labor contract without paying economic compensation:
(1) During the probation period, it is proved that it does not meet the employment conditions.

(2) Absent from work without reason for three consecutive days (inclusive) or accumulatively absent from work for more than four days (inclusive) within the year.

(3) The company adjusts the work content and positions according to the needs, but I refuse without reason and do not obey the arrangement.

(4) The employee fails to perform the labor contract without justified reasons.

(5) Serious violation of labor discipline or company rules and regulations.

(6) Acts that seriously endanger the company's reputation and image.

(7) Serious dereliction of duty, malpractice for personal gain, causing significant damage to the interests of the enterprise.

(Continued)
(8) Being prosecuted for criminal responsibility and reeducation through labor according to law.

(9) Other circumstances in which the labor contract should be terminated in accordance with laws and regulations or company rules and regulations.

Article No.18 If an employee falls under any of the following circumstances, the company may terminate the labor contract with him, but the employee must be notified in writing one month in advance:
(1) Due to the employee's own reasons (including but not limited to illness or the expiration of the medical treatment period for non-duty injuries), he is unable to engage in the original job or other jobs arranged by the company.

(2) The employee is incompetent for the job and is still incompetent after training or job adjustment.

(3) Significant changes have taken place in the objective circumstances on which the labor contract was concluded, resulting in the inability to perform the original contract, and the two parties failed to reach an agreement on the modification of the contract through negotiation.

(4) If the company is on the verge of bankruptcy for statutory rectification or major difficulties in production and operation, and it is necessary to lay off employees, it should explain the situation to the trade union or all employees one month in advance, listen to the opinions of the trade union and employees, and report to the same level or the local labor administrative department. Downsizing.

Article No.19 The company shall not terminate the labor contract with an employee under any of the following circumstances:

(1) Suffering from occupational diseases or injuries due to work, and has been completely or partially incapacitated by the Labor Appraisal Committee.

(2) The employee is sick or injured within the prescribed medical period.

(3) Female employees who are pregnant, giving birth and breastfeeding.

(4) Other circumstances that comply with laws and administrative regulations.

If an employee terminates the labor contract, he or she should notify the company's human resources department in writing one month in advance.

No.20 Under any of the following circumstances, the employee may notify the company to terminate the labor contract at any time:

(1) Those who are still in the probationary period.

(2) Confirmed by relevant state departments, the company's labor safety and sanitation conditions seriously endanger the personal safety and health of employees.

(3) The company fails to pay the labor remuneration as stipulated in the labor contract.

(4) The company forces employees to work by means of violence, coercion or illegal restriction of personal freedom.

(5) Performing military service according to law.

liquidated damages
Article No.20 After the labor contract is signed, both the company and the employee shall strictly perform the terms stipulated in the labor contract. If any party breaches the contract and causes losses to the other party, it shall be liable for breach of contract and compensation according to the relevant state regulations and the agreement of both parties.

No.20 Article [-] If the company violates and terminates the employee's labor contract, or the company violates the labor contract and terminates the labor contract and causes damage to the employee, it shall give the employee corresponding economic compensation in accordance with the relevant state regulations.

No.20 Article [-] If an employee violates the labor contract and terminates the labor contract due to the following reasons and causes losses to the company, he shall be liable for compensation:
(Continued)
(1) Any employee who is trained and recruited by the company proposes to terminate the labor contract, and shall pay the company training fees, recruiting fees and liquidated damages in accordance with relevant regulations or agreements.

(2) If the employee establishes a labor relationship with other units without rescinding or terminating the labor contract, which causes losses to the company, compensation shall be paid to the company according to the amount agreed by both parties depending on the extent of the loss.

(3) If an employee steals or discloses the company's business secrets, causing the company's economic losses, it shall be dealt with in accordance with the relevant provisions of the "Anti-Unfair Competition Law".

(4) If an employee resigns without approval and causes economic losses to the company, the company will investigate the party's liability for compensation according to law and deal with it in accordance with relevant state regulations.

No.20 Article [-] If an employee causes serious harm to the company's reputation and image not because of these regulations, and violates the service period stipulated in the labor contract and terminates the labor contract with the company, he shall pay compensation to the company.The compensation paid by employees shall be subject to the stipulations in the labor contract.

No.20 Article [-] The employee whose labor contract is terminated by the company due to a serious violation of labor discipline or company rules and regulations, and within the service period, shall pay liquidated damages in accordance with the relevant provisions of the service period agreement, training agreement, and confidentiality agreement.

No.20 Article [-] Other compensation and compensation shall be implemented in accordance with the special agreement in the "Labor Contract" or the provisions of the special agreement.

Handling of Labor Disputes

No.20 Article [-] All departments must handle labor disputes in a timely and proper manner, without prevarication.According to the principle of "who manages, who handles", labor disputes are classified and responsible.

No.20 Article [-] When a dispute arises between the two parties due to the performance of the labor contract, the two parties should first resolve the dispute fairly and through consultation based on the principle of "consensus through consultation".

No.20 Article [-] Human resources department, trade unions and other relevant departments should earnestly prepare contingency plans for handling group and sudden labor disputes, and strictly investigate the responsibility of relevant departments and responsible persons for ineffective mediation, dereliction of duty and dereliction of duty.

Article No.30 For group and sudden labor disputes, labor disputes involving a wide range of labor disputes, and labor disputes that have not been successfully mediated, the situation and handling measures should be reported to the company's superior leadership in a timely manner.

Labor contract management
No.30 Article Human Resources Department should strengthen the daily management of labor contracts, and handle the procedures of modification, renewal, cancellation and termination of labor contracts for employees in a timely manner according to law.

No.30 Article [-] The employing department should actively cooperate with the human resources department to complete the signing, renewal, modification, cancellation and termination of the labor contract before the prescribed time limit, so as to ensure the legality of the company's employment.

No.30 Three Human Resources Departments should further strengthen the dynamic management of labor contracts, and establish and improve labor contract management procedures and ledgers.The labor contract management ledger that should be established has the following points:

(1) Accounts for signing, changing, rescinding and terminating labor contracts.

(2) Employee training record ledger.

(Continued)
(3) Staff attendance statistics ledger.

(4) Employee medical period management ledger.

(5) Accounts of other special agreements signed between the company and employees, etc.

No.30 The general manager of Shijo Company signed a labor contract with the board of directors.

No.30 Article [-] The employees of the five offices/branches sign labor contracts with the company's legal representative or entrusted agent.

No.30 Article [-] During the period of the labor contract, when the company merges, merges, splits, or changes its name, the original labor contract remains valid.

No.30 Article [-] During the labor contract period, when the company's legal representative or entrusted agent is replaced, the original labor contract remains valid.

by-laws
No.30 Article [-] On the basis of not violating laws, regulations and policies, in addition to the mandatory clauses in the labor contract, other matters agreed between the company and the employees can be specified in the supplementary clauses of the contract.

(End of this chapter)