Research On Legal Risk Management Of Labor Contracts In SMEs

A market economy under the rule of law is the nature of the socialist market economy construction and inevitable development direction. The fourth plenary session of the party's 18 fully in accordance with the law governing the total target put forward and the major task is clear, in promoting the construction of the socialist market economy for our country constantly perfect system foundation. Along with the advance of social civilization, protect labor relations law system is perfect, at the same time of fully protecting the legal rights and interests of laborers, excessive labor protection has brought heavy pressure to the development of enterprises. "Enterprise legal risk management guidelines" and so on legal risk guidance document, prompting enterprises above designated size in China to carry out the study of the legal risks faced by oneself, take timely measures to strengthen the legal risk management. However, although small and medium-sized enterprises with reference to the above series of self diagnosis legal risk management files, but subject to a variety of factors. small and medium-sized enterprises are faced with the various legal risks. In this paper, on the basis of summarizing the predecessors'research results, for small and medium-sized enterprises labor contract the legal risks faced by the corresponding analysis, the case for identification and evaluation, puts forward corresponding small and medium-sized enterprises to build risk management system of labor contract law.This article is divided into introduction, body and conclusion of three parts. The introduction part is mainly to this article selected topic background, research purpose and significance, research status at home and abroad, introduces the main research content and so on. Text is divided into four chapters, the first chapter is an overview of small and medium-sized enterprises labor contract the legal risks, an analysis of the definition and characteristics of small and medium-sized enterprises, enterprise legal risk and risk of small and medium-sized enterprise labor contract law, this paper analyzes the connotation, characteristics and types. The second chapter is about the present situation of the labor contract law of risk management of small and medium-sized enterprises and the analysis of the problem, based on the visiting survey data, the present situation of the management of small and medium-sized enterprise labor contract, the legal problems existing in the process of risk management and related reasons were analyzed, and the formation of the understanding of the overall system. The third chapter is a specific medium small enterprise labor contract, the essay discusses the identification and evaluation of the legal risks, the brief analysis of small and medium-sized enterprise labor contract law of risk identification and evaluation work emphatically, such as looking for legal risk nodes, the division of the legal risks evaluation index, etc. The fourth chapter put forward the construction of small and medium-sized enterprise legal risk management system of labor contract, concrete, respectively, from the legal risk management organization system, management system and management concept and cultural system on three levels.