Legal Risks Of Enterprise Human Resources Management And Counter Measures

Since the "Labor Contract Law" has been issued and implemented, business enterprise human resource management system in our country under its guidance and influence tend to be perfect continuously. Under the background of the market economy transformation, the new "Labor Contract Law" which was issued and implemented on certain level protects the legal rights of the employees and enhances the staffs illegal rights, meanwhile, it also puts the higher request to the enterprise human resources management and leads the enterprise to develop. Although has the "Labor Contract Law" constrains, the situation of labor dispute problems in our country is still serious. Since the implementation of "Labor Contract Law", China’s labor disputes have continued to rise. During17years between1995and2012, the number of labor dispute problems promoted1.64times reaching to314000and people involved increased by9.6times, up to744000people. At the same time, the collective labor dispute problems are also substantial growing, increasing by10.9times and reaching16000, people involved increased by7.8times, up to410000people. This new situation has been drawn much more attention. The implementation of new "Labor Contract Law" is not only an opportunity, but also challenges. How to better deal with the relationship with the staff under the guidance of new labor law is a big problem that the enterprise facing.This passage discusses the risks of the enterprise human resources management such as staff recruitment, compensation and benefits, performance evaluation, employee turnover management and other areas of legal risk as the implementation of the new labor contract law may cause through closely combines the relevant laws and regulations of the overall situation and the specific change of Labor Contract Law, the aim is to "Labor Contract Law" have deeper understanding, exploring new legal environment, in-depth analysis of the occurrence of a risk of the specific reasons, and some countermeasures were put forward to prevent the risk of various effective measures, how to improve the standardization of the direction of our country private enterprise human resources management level of the new way, the key is reflected in the labor management and labor protection, from staff recruitment begins, sign labor contract, social insurance to remove labor contract this a series of process have relevant national labor laws and regulations of the constraint, in strict accordance with the law to standardize enterprise behavior, in strict accordance with the law for the performance of the program, can greatly reduce labor dispute thereby successfully avoid legal risk, to fundamentally protect the enterprise labor rights and interests, avoid is the enterprise into legal risks.Through exploring new legal environment background and deeper understanding the "Labor Contract Law", the passage in-depth analysis the specific reasons of the occurrence of the risks, and some various effective countermeasures were put forward to prevent the risk,from staff recruitment begins, sign labor contract, social insurance to remove labor contract. Standardize enterprise behavior and the performance of the program in strict accordance with the law,. Fundamentally protect the enterprise labor rights and interests through greatly avoiding legal risk by reducing the labor dispute.This passage is divided into four parts. The first chapter is the present situation of enterprise human resources management after the new labor law putting into effect. The second chapter is especially analyzes the risks in the recruitment employment, performance evaluation, salary management, turnover management of human resources management as the new labor contract law was put into effect. The third chapter is put forward the specific strategies and measures according to the risks. The fourth chapter is summary.