The Study On The Legal Risks Of The Human Resources Management

In 21 st century,China has entered the era of market economy that has developed in high speed.The establishment and development of market economy in China brings unprecedented opportunities for development,at the same time,it also has brought more challenges.Market economy is a kind of legal economy,it is difficult to imagine that breaking away from the legal system of market.In the tide of market economy,if someone want to do something,you must respect the law,and learn to abide by the laws,and then it can win more benefits,as the same time,it can eliminate the legal risks.In the new economy era,human resources are the first resource of the enterprise.And the human resources have become the core competitiveness in the market economy resources gradually.And with the changing of market environment,the human resources has continuous developed,the legal problems of human resources management has also appeared constantly.Thus it became an important aspect and content of the corporate legal risk.This paper aims to analyze and study the law risk of enterprise human resources management under the system of market economy.The article further clarify for the legal risks in the human resources management.And it argued the property of market economy,as well as the features of the human resources,in two aspects,and then,it analyzes the causes of legal risk,and has carried the possible legal risk on the list.Then,from the characteristics of these risks,it tries to analysis the method to reduce these risks.The article is divided into four parts.First of all,it clarifies the concept of the legal risk.From the risk of enterprise encountered,it has looked for the common risk that based on the characteristics of legal risk.And then,it concluded that the concept of legal risk.Furthermore,through the analysis of the concept and characteristics of the human resources,combined with the characteristics of the market economy under the catalysis of legal risk,it introduced the concept of the legal risks of the human resources.Secondly,it discussed the causes of the legal risk of human resources of the enterprise.This part based on the market economy and the particularity of human resources,associated the value of the market economy and the characteristics of the human resources,it seeks the value chain of legal impacting on the human resources management.The rule of law in market economy,the globalization and the economic rationality,make the human resources management in the rule of law,and is facing legal risk in every moment.The main reasons are divided into two parts.The external factors of the legal risks mainly included the change of the legal environment,the market behavior of competition.And some accidental events,such as natural disaster,emergency actions,or something cannot be avoided.The internal factors included the anomie behavior of the enterprise and the management failure,etc.Thirdly,it enumerated the legal risks in the process of human resources management.1.The legal risks of the recruitment process;2.The legal risks of the labor contracts;3.The legal risks of the managements in labor personnel;4.The legal risks of the labor dispute;5.The legal risk in the labor dispatch;6.The legal risk of enterprise rules and regulations.With the list of these risks,we can find some solutions.Finally,it described the prevention and control of the legal risks for the enterprise human resources management simply.This part is mainly divided into two aspects.One is the general method to control the legal risk.it can choose to avoid,to accept or choose.To avoid means refuse the risk in the beginning of expected risk.;To accept has four methods,namely,dispersing,transferring,reducing and bearing;Choice is actually the choice of legal action plan of the enterprise,it aimed to reduce the damage of the legal risks through choice of enterprise legal behavior.These methods can be solved the problems of legal risk,the purpose is to try to reduce the legal risks for the enterprise's losses and influence;Another is the solution to the legal risks of enterprise human resources management.It mainly include: 1.The legal risk prevention of the recruitment process;2.The law of labor contract risk prevention;3.The labor personnel management of the legal risk prevention;4.A labour dispute law risk prevention;5.The labor dispatch legal risk prevention;6.The enterprise rules and regulations on legal risk prevention.With these methods,it can be targeted to avoid or reduce the legal risk of the human resources management.