What is human obedience?
Is it a simple labor law?
No, it's not.
First, the definition of human obedience
Manpower compliance is the comprehensive compliance of manpower, finance, taxation, business management and law, including system compliance, process compliance and implementation compliance.
1, system compliance
It should not only meet the requirements of basic labor laws and regulations such as labor law and labor contract law, but also meet the requirements of civil code, economic law and contract law, so as to achieve basic compliance with the system.
2. Process compliance
The drafting, discussion, approval, distribution and training of the system determine its effectiveness.
3. Implementing compliance
Human resources work involves the selection and retention of talents. It formulates rules, guides culture, supports business, nourishes the soil for the survival of talents from the root, and promotes the lifeline of long-term development of enterprises from the culture. From simple recruitment and release to the small details in the implementation of the group's overall talent strategy and human resources, it determines the first impression of talents on the enterprise, the basic cognition of the society on the enterprise, and even determines whether the enterprise and various resources/talents resort to court or win-win harmony.
Second, the improvement of system compliance.
Yesterday, I went to listen to my friend, Lawyer Zhong, to share the coping strategies of enterprise labor and employment during the Civil Code. He made a wonderful analysis from the perspective of a lawyer from three aspects: legislative background, content interpretation and coping strategies. After class, I discussed my deep understanding of platform employment and social security compliance.
For example, when labor arbitration occurs, employees can claim that social security and provident fund have not been paid in full, and ask the unit to pay the difference together with compensation?
The answer is yes, but we will not apply for a judgment on this item.
What if you get this part of the rights that employees should deal with? Can you fully recover?
No, the provisions of social security and provident fund are different. Social security individuals can make up the difference for two years by appealing to the Social Security Bureau; After February 65438+2020, the part of the provident fund management can be paid in full, and both enterprises and individuals need to pay into the provident fund account together.
Here is an example to illustrate the key points that need to be paid attention to in system compliance. As shown in the above figure, we need to examine the current institutional status of enterprises from four aspects.
1, there is no conflict between laws and regulations
The system and documents issued by the company shall not contain provisions that conflict with laws and regulations, and shall be deleted if necessary.
2. The contract is not contradictory.
All contracts and agreements signed by the company with employees, contracts and agreements signed with customers/external partners need to be set reasonably, especially the relevant texts signed with employees. The law does not support the obviously unfair part.
3. Nothing causing labor disputes.
Some companies have strict terms in employee handbook, attendance system and performance system. It is easy for employees to be punished because of the provisions of the terms, and it is easy to cause contradictions between individuals and groups. Once found, it must be improved immediately.
4. Promote with corporate culture.
The contents of the company's procedures, systems and forms need to conform to the corporate culture and play a role in promoting and displaying the corporate culture. In recent years, a popular enterprise selection is the fair evaluation of enterprises by employees and job seekers. In the society with high-speed information flow, manpower is a typical image to guide the internal culture and external culture of enterprises.
Three. Relevant requirements for human resources in the process of compliance listing of enterprises
In the process of enterprise investment and financing, before listing, enterprises will systematically improve internal control. According to "Guidelines for the Application of Internal Control in Enterprises No.3-Human Resources" and relevant requirements of CIRC, Ministry of Finance, State-owned Assets Supervision and Administration Commission, Audit Office and China Banking Regulatory Commission, the contents are as follows.
Article 16 An enterprise shall formulate and implement human resources policies that are conducive to the sustainable development of the enterprise. The human resources policy should include the following contents:
(1) Employment, training, dismissal and resignation of employees.
(2) Employee's salary, assessment, promotion, rewards and punishments.
(3) Mandatory leave system for employees in key positions and regular job rotation system.
(4) Restrictive provisions on the resignation of employees who hold state secrets or important business secrets.
(5) Other policies related to human resource management.
Article 17 Enterprises should take professional ethics and professional ability as important criteria for selecting and hiring employees, strengthen employee training and continuing education, and constantly improve the quality of employees.
Eighteenth enterprises should strengthen cultural construction, cultivate positive values and social responsibility, advocate honesty and trustworthiness, dedication, pioneering and innovative spirit and teamwork, establish modern management concepts, and strengthen risk awareness.
Directors, supervisors, managers and other senior managers should play a leading role in the construction of corporate culture.
Employees of an enterprise shall abide by the code of conduct for employees and earnestly perform their duties.
Article 19 An enterprise shall strengthen legal education, enhance the legal concept of directors, supervisors, managers and other senior management personnel and employees, strictly make decisions, act and supervise according to law, and establish and improve the legal consultant system and the filing system of major legal disputes.
Article 3 The human resource management of an enterprise shall at least pay attention to the following risks:
(1) The lack or surplus of human resources, unreasonable structure and imperfect development mechanism may make it difficult to realize the enterprise development strategy.
(2) Unreasonable incentive and restraint system of human resources and imperfect management of personnel in key positions may lead to brain drain, low operating efficiency or disclosure of key technologies, business secrets and state secrets.
(3) Improper exit mechanism of human resources may lead to legal proceedings or damage to corporate reputation.
Article 4 Enterprises should attach importance to the construction of human resources, establish the development goals of human resources according to the development strategy, combined with the current situation and future demand forecast of human resources, formulate the overall planning and capacity framework system of human resources, optimize the overall layout of human resources, and clarify the management requirements for the introduction, development, use, training, assessment, incentive and withdrawal of human resources, so as to realize the rational allocation of human resources and comprehensively enhance the core competitiveness of enterprises.
Fourth, summary.
The ancients said, "Without rules, there would be no Fiona Fang". In recent years, with the increasing frequency of related terms such as "compliance management" and "violation risk" appearing in newspapers, compliance has gradually become a fresh vocabulary that enterprises pay close attention to. Accordingly, compliance management has gradually become an indispensable part of enterprise management research and practice.
In order to achieve compliance management, enterprises need to abide by various rules at different levels. Specifically, the first is the national laws and regulations. Breaking the law not only makes the enterprise suffer losses in management and reputation, but also may lose its viability. Laws and regulations are the first criterion and the strongest rule for enterprises to operate in compliance. The second is the rules and regulations of the enterprise. The system and implementation of rules and regulations affect the operation of enterprises. If it cannot be effectively implemented, it will affect the normal operation of enterprises.
Whether it is to strengthen compliance management, enhance the core competitiveness of enterprises, or strengthen compliance and effectively control risks; Implement compliance and grasp the key links of the enterprise; It is very important for enterprises to cultivate employees' sense of responsibility and implement compliance management in every detail of their work. Creating a compliance atmosphere and values has become the code of conduct and ethics of employees, and human resources training is also closely followed.
Human resource management has a very important influence on the formulation of enterprise compliance strategy. Human resource management is not a department matter, but involves the whole operation process of the company, which has a very important impact on enterprise compliance.
First of all, we can examine it from four aspects: external audit, internal audit, social security audit and tax audit. Secondly, enterprises effectively implement compliance strategies in different ways. Enterprises help enterprises achieve compliance operation through division of labor and rotation. From the perspective of enterprise compliance strategy formulation and internal control establishment, job rotation is essentially an early warning system set by enterprises.
The second is information transparency. When formulating the compliance strategy, we must consider the issue of information transparency.
Third, in terms of salary and welfare policies, such as enterprise annuities and salary regulations for employees at different levels, employees should be introduced in detail. The human resources department can edit the white paper on human resources for publicity and promotion, and conduct compliance education for employees every year.
Fourth, enterprises need to automate processing, which can greatly increase the transparency of the whole operation and avoid many risks of non-compliance.