For this sensitive topic, we need to be more fastidious and consider it in many aspects when dealing with it, and we can't draw conclusions easily. In this case, I just heard that the first point is to investigate and verify clearly, and the second is to deal with it according to the results obtained (some proof or basis is needed when dealing with it). Finally, make a summary according to this incident and improve the system. The specific operations will be explained one by one:
This recyclable event handling method is as follows.
I. Investigation and verification
We need to verify the information reflected by employees before processing it. So how to verify it? Check with the public security organ? Can everyone check it?
There is the following statement:
1. Inquiry by 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. Lawyers' right to inquire about criminal records: In order to perform defense duties according to law, defense lawyers should be allowed to inquire about the criminal records of criminal suspects and defendants in this case.
3. Ordinary citizens' inquiry authority: Ordinary citizens are not allowed to inquire about 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.
4. You can bring your ID card to the public security organ where your account is located to issue a certificate of no criminal record.
In other words, not everyone can ask around casually. As for the way to find it in personal files, I doubt it. I've also heard that companies can provide letters of introduction with official seals to inquire about employees' criminal records. I checked with my lawyer today, and the lawyer's definite answer is no! Only I can bring my ID card to check (if there is a local policy, I can consult my company lawyer or local lawyer myself).
Then, at this time, the problem comes again. Is it necessary for this employee to issue a certificate of no criminal record just because other employees said something? What do employees think? If the employee really has no criminal record, the employee must have an opinion. For example, we can communicate with the head of the department, and the company requires all employees in the technical department to issue this certificate, so that employees will not think much. This may not be the best way, but at least it is better than directly asking the employee to issue a certificate of no criminal record.
Summary: What is the first thing to do when such a thing happens? Consulting company lawyers! Hr should have some legal knowledge, but it doesn't mean that hr should be a lawyer, which is related to the law. Even if you know, reconfirming with a lawyer can not only avoid mistakes, but also show your responsibility for your work.
Second, properly handle it.
According to the results of investigation and verification, there are two ways to deal with it: let employees go or stay. If you have no criminal record, you must stay. Needless to say. If an employee has a criminal record, should he be allowed to leave or stay?
First of all, let employees "go":
According to Article 26 (1) of the Labor Contract Law, a labor contract may be invalid or partially invalid if the other party enters into or changes the labor contract against its true meaning by means of fraud, coercion or taking advantage of the danger of others.
According to Item (5) of Article 39 of the Labor Contract Law, the labor contract is invalid due to the circumstances specified in Item (1) of Paragraph 1 of Article 26 of this Law; Under any of the following circumstances, the employer may terminate the labor contract.
According to the labor contract law, employees who conceal their criminal records can "let go" for free, but an important link in this process is to provide false certificates, such as the final commitment signature on the application form, such as the special provisions of the employee handbook and the employee reward and punishment system. Details will be discussed in the next section.
Let's talk about the situation of letting employees "stay":
1. From the legal point of view, as soon as released prisoners leave the prison gate, they should restore their rights as normal citizens. There is no law to restrict ex-prisoners from finding jobs.
2. From the social point of view, society should be more tolerant and give ex-prisoners a chance to start their lives again. In reality, many ordinary people in society have serious estrangement and prejudice against released prisoners, which is even more unfavorable for released prisoners to find jobs. Exaggerated, this may lead to these ex-prisoners not finding jobs and not being able to integrate into society smoothly, and then they will get together and form a vicious circle.
3. From the enterprise's point of view, many private enterprises pay more attention to employees' ability and can care too much about employees' past. However, it is impossible in institutions and institutions for institutional reasons.
Personally, I am definitely willing to give people who have made mistakes a new chance. After studying and reforming during their service, they hope the society will give them a chance to prove themselves. As an enterprise, it is risky to hire such employees, such as some economic crimes and crimes of spying on privacy, which are easy to commit again. Therefore, it is necessary to analyze the specific situation and do some guiding and preventive measures to retain employees with criminal records. Therefore, although personally, they are willing to give opportunities to people who make mistakes, but in terms of actual operation and risks, most enterprises are reluctant to give opportunities to people with criminal records. This is a very realistic problem. Especially as an hr, it is mainly to report and assist the work, because whether to "go" or "stay" is more decided by the company's top management.
Third, the company system is perfect.
The key point of this case of dissolving labor contract based on rules and regulations is often the legality of rules and regulations. Employers need to ensure that the rules and regulations meet the legal requirements. In other words, the formulation of rules and regulations needs to implement democratic procedures and publicize them to workers.
The formulation of rules and regulations must go through democratic procedures. In order to avoid difficulties in providing evidence for disputes in the future, enterprises should keep written evidence discussed with the workers' congress or all the workers' meetings. For example, it is clearly stipulated in the exercise manual that meeting minutes can be made and signed by the participants.
The reliable evidence of rules and regulations publicity is the written evidence that employees sign and confirm that they have read the rules and regulations. For example, when our new employees join the company, a sentence will be added and signed at the end of the application form: the contents of the application form and all the application materials I provided to the company are true and valid. If I am found to have any false contents or materials after being hired by the company, I am willing to resign automatically or accept the punishment of dismissal from the company without asking for any financial compensation. In view of this incident, you can also add a criminal record to the application form and check it in a way similar to the married unmarried box. This is also a method, although I personally don't like it.
For example, the employee handbook indicates that the labor contract can be terminated by fraud or concealing information, and new employees need to sign the employee handbook after the induction training.
Some companies may have been bitten by a snake once, and then in order to avoid such a situation from happening again, they are particularly eye-catching on the recruitment website, so don't have a criminal record! What will the applicant think when he sees it? How many criminals has this company seen!
To sum up, what is the first step when encountering these sensitive legal issues? He is a lawyer in a consulting firm. If the company doesn't have a lawyer, you can consult a local lawyer. Then follow the above three steps to improve. I feel like I can't find the point today. I think it's all important. Interested friends can take a closer look and hope to help you.