In a rapidly changing business environment, HR managers often need to find a balance between efficiency and compliance. However, some seemingly "efficient" or "flexible" operating habits may put enterprises at unnecessary legal risks. Based on our practical experience in handling a large number of labor dispute cases, we have identified the seven key mistakes that HR is most likely to make in employment management, along with compliance guidelines.

As a supplementary form of flexible employment of enterprises, labor dispatch can meet the phased and seasonal employment needs to a certain extent. However, in practice, in order to reduce labor costs or avoid the management burden of formal employment, some enterprises use labor dispatch as a means to replace the basic employment system, break through the legal "three sexes" job restrictions, and use dispatched workers in an excessive manner.

In labor dispute cases, overtime pay claims are one of the most frequent types and can easily lead to group imitation - as long as one employee's claim is successful, multiple employees often follow up to defend their rights. This confuses many business managers: obviously the company has paid "overtime subsidies", or made it clear in the system that overtime pay is "lump-wrapped" calculation, but when it comes to arbitration litigation, it still repeatedly loses the lawsuit and has to pay a huge amount of overtime pay difference.

Zhang, the financial manager of a science and trade company in Beijing, suddenly notified him that his position was canceled after returning from maternity leave, and asked for a transfer. After Zhang refused, the company removed her from the work group, closed system permissions, and stopped paying wages.

In the practice of enterprise management, some operators have the misunderstanding of "I have to lose money if I open my own company". This concept often becomes the root cause of high legal costs for enterprises.

Zhang, the financial manager of a science and trade company in Beijing, returned to work after maternity leave, when the company suddenly unilaterally said that her position had been canceled and asked her to be transferred.

The popularization of digital office tools has moved management instructions from conference rooms and paper documents into WeChat groups and DingTalk dialog boxes. However, when the "@所有人" notice replaces the document stamped with a red seal, and when the "read" receipt is regarded as a sign of communication completion, business managers may not be fully aware that there are new legal risks lurking behind this convenience. A series of recent judicial decisions are clearly defining the boundaries of the use of digital tools, not the "extrajudicial ground" of management.

"Is it not easy to retire from the probationary period? If you think it's inappropriate, let him go. This is the simple cognition of many business managers. However, legal practice has repeatedly proved that the probationary period is not a "resignation if you want" exemption period, and once the operation is improper, it is easy for enterprises to change from actively screening parties to losing parties in arbitration tribunals.

A chemical materials company in Hengyang, Hunan Province, arranged a holiday for employees due to business adjustments, but ignored social security payment and procedural norms, and was applied for arbitration by many employees. From the initial individual disputes, it quickly evolved into a series of cases that required centralized mediation by the court, and the capital chain of enterprises was under great pressure.

Spring recruitment and autumn recruitment is a key window period for enterprises to recruit talents, HR is busy screening resumes, interviews, and making offers, and it is easy to ignore the fact that recruitment is not only the "entrance" of human resource management, but also a high-incidence area of legal risks. Many companies did not realize until they received a summons or administrative penalty notice that the mine planted in the recruitment process was originally carried by the entire company.

In business operations, labor compliance is often regarded as a cumbersome cost expense, and is even regarded by some managers as an area where "flexible operation" can be used to reduce costs. From "fake outsourcing and real dispatch" to "mixed employment", various employment model designs that try to avoid legal liability have emerged one after another.

"I feel like the fruits of my labor have been stolen." In March this year, Liu Minzhi, who works in Hangzhou, Zhejiang, encountered a depressing incident. She applied for a human resources position in a company, and the employer said that the probationary period was 3 months, and she wanted to assist the company in building a human resources system from 0 to 1.