In recent years, non-compete disputes have occurred frequently, but a thought-provoking phenomenon is that companies file lawsuits with agreements, but often lose the lawsuit, and the terms are in vain. Behind this is not the lack of legal protection, but the original intention of the system has been eroded by widespread abuse at the practical level.

In recent exchanges with many HR practitioners, a phenomenon has caught our attention: many human resources managers are confused and say that they are clearly operating in accordance with the relevant provisions of the Labor Contract Law, but the final ruling is still lost.

In enterprise human resource management, terminating labor contracts when employee performance does not meet standards is a common way to optimize personnel structure. However, the number of labor disputes caused by this remains high, and the failure rate of employers is astonishing. The case concluded by the People's Court of Songjiang District, Shanghai in 2024 clearly reveals the common loopholes in both the physical and procedural aspects of companies when dismissing underperforming employees.

In the recruitment process of enterprises, the offer letter is often regarded as a procedural "employment notice", and some enterprise managers have insufficient understanding of its legal effect, believing that it can be issued or revoked arbitrarily before the formal signing of the labor contract. However, in judicial practice, disputes over contractual negligence caused by revocation of employment notices are on the rise, and it is not uncommon for companies to bear tens of thousands of yuan in compensation and brand reputation losses as a result. This article combines relevant provisions of the Civil Code and judicial precedents to systematically analyze the legal nature, revocation consequences, and compliance control paths of employment notices.

In daily operations, many business managers often have the idea of "it's okay for an employee to sign a contract later when they just start working, let's see if the person is capable first", "the company is small, it's too troublesome to follow the formal process", and even mistakenly believe that "there is no need to sign a contract during the probation period, it's not appropriate to let him leave directly". These ideas may seem pragmatic, but in reality, they have planted a powerful 'time bomb' at the feet of the enterprise. The cost of not signing a labor contract is far from simply signing a new contract afterwards, but may actually result in far greater economic and management costs for the company than expected.

In the first two issues, we systematically sorted out the high-frequency legal minefield of enterprise dismissal of employees, and conducted an in-depth analysis of the details and key points in the case of "legal dismissal". Recently, we have received a large number of feedback from HR practitioners who hope to obtain a set of standardized operation guidelines with direct reference value.

In business operations, especially some start-ups or small and micro enterprises, managers and employees often agree not to pay social insurance, and discount the payable expenses into subsidies. This approach is often seen as a "flexible way" to reduce labor costs.

In the operation of enterprise groups, it is not uncommon for multiple affiliated companies to share office space, management personnel and employees. Although this "two brands, one set of people" employment model reduces management costs in the short term, it blurs the basic boundaries of labor relations.

In the daily management of enterprises, adjusting employee positions is a common behavior. Many managers believe that as long as the remuneration remains unchanged, job transfer is a legitimate exercise of enterprise autonomy and should not cause legal risks.

The labor contract is the basic legal document of labor relations, and the standardization of its signing directly determines the risk base of enterprise employment management. In practice, a considerable proportion of labor dispute cases are not rooted in complex labor disputes, but due to various irregular operations in the process of signing contracts. These seemingly minor oversights often cause companies to bear far more legal costs than expected in subsequent arbitrations or litigation.

In the management of enterprise labor relations, negotiating the termination of labor contracts is almost the preferred way for enterprises and employees to "break up amicably". Its core value lies in efficiently and smoothly severing the rights and obligations of both parties and avoiding tension. Compared with the unilateral termination of enterprises that need to meet strict legal conditions and bear the burden of proof, this method based on voluntary agreement does provide more flexibility and certainty.

"You just study with the class, you shouldn't be paid." Recently, Ms. Wen from Gansu encountered such an embarrassment. She tried out a job in a teaching and training institution for a week, undertaking auxiliary teaching and classroom tidying up every day, but was fired due to "lack of teaching experience" and did not receive any labor remuneration.