1, the employer can't find the criminal record. According to the relevant laws and regulations of our country, if the employer needs to have no criminal record, the party concerned shall apply to the public security organ for issuance, but the employer has no right and can't find the criminal record. Article 275 of the Criminal Procedure Law of People's Republic of China (PRC) stipulates that if a person was under the age of 18 at the time of committing a crime and was sentenced to fixed-term imprisonment of not more than five years, the relevant criminal records shall be sealed.
2. If the criminal record is sealed, it shall not be provided to any unit or individual, except for the need of the judicial organ to handle the case or the relevant units to make inquiries according to the provisions of the state. Units that inquire according to law shall keep the sealed criminal records confidential.
3. "Management and inquiry of criminal record information" When providing criminal information inquiry service to the society, the criminal record information management organ shall strictly follow the qualifications and conditions for entering a higher school, enlisting in the army and obtaining employment as stipulated by laws and regulations, and if the staff fails to provide information as required, or intentionally provides false or forged information, if the circumstances are serious or cause serious consequences, the relevant personnel shall be investigated for responsibility according to law.
1) Inquiry of state organs: The state organs inquire about criminal information from the criminal information registration organ based on the needs of handling cases, and the relevant organs shall cooperate. Of course, the relevant procedures still have to be fulfilled.
2) The lawyer's right to inquire about criminal records. In order to perform defense duties according to law, a defense lawyer shall be allowed to inquire about the criminal records of the criminal suspect or defendant in this case.
3) Ordinary citizens' query authority Ordinary citizens are not allowed to query other people's criminal record information at will. If it is really necessary to inquire about other people's criminal information, it shall provide corresponding written materials (mainly for the purpose of inquiry) according to the requirements of the information management organ, and can inquire about relevant criminal records after examination and approval.
Second, what are the precautions before joining the job?
1. When you receive an interview from a company, first go to the enterprise credit information publicity system to check whether the company is registered. You can also look at the registered capital, although this can't be said to be completely meaningful, because many companies will make fraud in this respect.
When going for an interview, it's best not to consider those companies whose addresses are in residential areas. Generally, such companies are small companies, or studios, and some are not bad. But most of them are informal. It is best to have a formal workplace in the office building.
3. During the interview, salary, salary benefits and overtime expenses. Ask everything clearly, don't go in all at once and find nothing right with a puzzled face.
4. After the interview is passed, the labor contract should be signed immediately. If the company doesn't take the initiative, you should hurry. Don't wait like a dull head. If you can't find a good reason not to sign the contract after a week's urging, then consider whether to find a new home by yourself. Moreover, even if you don't write a contract on the day of entry, you should at least write an entry agreement and the like to facilitate the company's derailment in the future. This can be used as direct evidence.
5. The probation period is clearly defined. The probation period of a labor contract is divided into one year and one month, three years and three months, and the longest probation period of more than three years or without fixed term shall not exceed six months.
6. The probation period cannot be reused! The date of probation must be clearly written in the contract. On the day of probation, the company will employ all employees by default. It takes almost two weeks for an average company to find out if its employees are unsuitable. There is no reason to put it off until the last day. College students, especially those who have just entered the society, have no experience at all. You can't just look at your learning ability. (Here, add that, except for the following special circumstances, the extension stipulated by law is possible. That is to say, if you sign a five-year contract, the company only said that it would take three months at the beginning of the probation period, and then decided to extend it to six months, but it should not exceed six months. )
7. Social security. Social security is clearly stipulated in the labor law, and general companies are reluctant to help employees pay during the probation period. After all, knowing the company and paying social security itself is troublesome, and then you leave your job for two months, and the company is also troublesome. So in this case, both parties can take a step back and temporarily not pay social security during the probation period, which is divided into two situations:
1) The company pays the salary in full, without deducting social security;
2) When the company deducts social security, it must indicate on the payroll that the social security will be filled after the probation period expires.
In fact, many employers may require employees to provide proof of innocence. After all, some jobs are very special in nature. Employees should know that they have a criminal record and have no chance to get their current job, because this certificate of no crime issued by a counterfeit institution is not only legally invalid, but also suspected of breaking the law.