| The issue of Labor Contract Law of the PRC marked a new stage of the management of the labour legislation and relation.It's Inclines the protection principle gives a forceful weapons to the labourer who has been in weak position at the management and labor's balance.It also brought about new problems and requirement for the labour relation management of enterprises.The specific provisions of the tilt protection principle bring new challenges and challenges to the recruitment,training,remuneration,performance and employee relationship of human resources management.One of the aims of the law is to build stability and harmony labour relationships,but the industrial conflict are booming afte it's issue.some cases exert a greater influence socially what makes people form the impression that labor relations are becoming more and more tense,withal,on the one hand,we can understand that the majority of workers have begun to strive for their rights and interests after they have relied on the legal basis and rapid changes in employment and phenomena resulting from rapid economic growth,on the other hand,we should also think about how to avoid the existing risks by strengthening the management of the enterprise through the cases,especially the cases which have been widely discussed and even disputed.The premise should be further amended in the law yet,through standardized management,improve the ability to avoid legal risks and the establishment of a more effective communication and coordination mechanism of labor relations to overcome the difficulties and problems.The risks caused by the implementation of labor contract law to the management of human resources in QH company and their preventive measures,combined with the author's specific case of human resource management in the enterprise,the article analyses the following cases.First,in terms of dismissal of employees and post adjustment,there are mainly the standard of undefined work,which is not uniform.It is very difficult to negotiate and change jobs.Illegal labor relations are faced with the risk of two times of economic compensation,such as punitive damages.It is necessary to avoid risks and enhance coping ability by strengthening the details of process management of recruitment,performance,salary,employee relations and training.Second,in terms of employee's resignation and competition restriction,there are mainly problems that can't restrict employee's resignation,competition restriction is difficult and time limit is strict,so it is difficult to strictly distinguish between competition and confidentiality obligations.Enterprises should strengthen and improve human resource management from the establishment of effective retention mechanism,signing and fulfilling the competition restriction agreement,giving full play to the role of confidentiality agreement,paying attention to the collection and preservation of evidence and so on.Third,the management of the non fixed term labor contract.It mainly analyzes the interests damage caused by the unfixed term labor contract to the employers and employees,and the problems brought by the "two consecutive signing".From the perspective of enterprises,we should correctly understand the term of non fixed term labor contracts,rationally determine the time limit for fixed term labor contracts,fully consult with employees,and give full play to the positive role of non fixed term labor contracts. |