Every enterprise has its own standards and processes for new employees' entry procedures. The process is not complicated, but there are many risks. Therefore, it has become a compulsory course for HR to handle the entry procedures for new employees.

那么入职手续办理过程中，常见的用工风险都有哪些呢？让我们跟着猎头们一起来看看吧。

So what are the common employment risks in the process of entry procedures? Let's follow the headhunters.

1、健康状态审查缺失

1. Lack of health status review

现实中往往是员工入职后用人单位才发现员工入职前就存在潜在疾病甚至职业病。

In reality, it is often the employers who find that there are potential diseases or even occupational diseases before the employees are employed.

危害：劳动者没有违法违纪的情况下，不能随意解除劳动合同。用人单位是不能以身体条件为由辞退劳动者的，而必须要等到医疗期满。医疗期满后，不能从事原工作，也不能从事由用人单位另行安排工作的，才可以解除合同，并且要支付经济补偿金。如果发现员工患有的是职业病，那企业的责任就更大。

Harm: workers can not terminate the labor contract without violating the law and discipline. The employer can't dismiss the laborer on the ground of physical condition, but must wait until the expiration of medical treatment. After the expiration of the medical treatment period, those who can not engage in the original work or other work arranged by the employing unit can terminate the contract and pay economic compensation. If it is found that employees are suffering from occupational diseases, the responsibility of the enterprise is even greater.

正确方法：员工入职前的健康检查是非常必要的。实践中，企业可以要求员工在入职前提供正规的体检报告或者要求到指定医院参加体检。

Correct method: it is very necessary for employees to have a health examination before they are employed. In practice, enterprises can require employees to provide formal physical examination reports or to participate in physical examination in designated hospitals.

2、劳动关系状态审查不明确

2. Labor relations status review is not clear

危害：《劳动合同法》明确规定：用人单位招用尚未解除劳动关系的劳动者，对原用人单位造成经济损失的，该用人单位应依法承担连带赔偿责任。

Harm: the labor contract law clearly stipulates that if an employer recruits workers whose labor relations have not been terminated and causes economic losses to the original employer, the employer shall bear joint and several liability for compensation in accordance with the law.

 

正确方法：用人单位在招聘员工时，需要查验其是否还存在有效的劳动合同，是否属于企业停薪留职人员、未达到法定退休年龄的内退人员、下岗待岗人员以及企业经营性停产放长假人员等。通常采取的方式是要求应聘员工出具前一个用人单位的离职证明。

Correct method: when recruiting employees, employers need to check whether they still have valid labor contracts, whether they belong to the employees who have not reached the legal retirement age, those who are laid-off, and those who have stopped production for business and have long holidays. The usual way is to require the employee to issue the resignation certificate of the previous employer.

3、保密义务与竞业限制义务审查缺失

3. Lack of review on confidentiality obligation and non competition obligation

了解求职者是否与原单位签订有保密协议、是否签订有《竞业限制协议》。

Find out whether the job seeker has signed a confidentiality agreement with the original company and a non competition agreement.

危害：如果企业招用的员工对原单位负有竞业限制义务，原单位有可能提出该员工泄露了其商业秘密并给其造成了损失，就有可能将员工与新单位一起告到法院，新单位就要受到牵连。

Harm: if the employee recruited by the enterprise has the obligation of non competition to the original unit, the original unit may claim that the employee has leaked his business secrets and caused losses to him, it may sue the employee and the new unit to the court together, and the new unit will be involved.

正确方法：人力资源部门应对员工进行询问，必要时联系原单位进行确认，并制作书面确认文件。尤其是知识性、技术性或从事重要岗位的劳动者。如果员工与原单位签订了“竞业限制协议”而且本单位在限制竞争公司范围内，则应对该员工不予录用。

Correct method: the human resource department should inquire the staff, contact the original unit for confirmation if necessary, and make a written confirmation document. Especially the workers who are knowledgeable, technical or engaged in important positions. If an employee has signed a "non competition agreement" with the original company and the company is within the scope of limited competition, the employee shall not be employed.

4、资质审查有漏洞

4. There are loopholes in the qualification examination

入职前，应要求求职者提供与应聘职位相关的学历证明和各种资格证明。

Before employment, job seekers should be required to provide academic certificates and various qualification certificates related to the applied position.

危害：如果用人单位忽视上述审查，使得劳动者以欺诈手段骗取录用，将导致劳动合同无效，同时使企业付出较大的招聘成本。

Harm: if the employer ignores the above review and makes the workers cheat to get employment, the labor contract will be invalid and the enterprise will pay a large recruitment cost.

正确方法：将相关资格证书送至机构验证，或登录相关网站查询等。

Correct method: send relevant qualification certificate to professional organization for verification, or log in relevant website for inquiry, etc.

入职手续虽然简单，但是做的不好，轻微的会给新员工公司不规范的感觉，严重的会给公司造成法律风险。同时，也会给HR的职场生涯带来后继的麻烦。所以完善的入职流程是必不可少的。

Although the entry procedures are simple, they are not well done. Minor ones will give new employees the feeling that the company is not standardized, and serious ones will cause legal risks to the company. At the same time, it will bring trouble to HR career. Therefore, a perfect entry process is essential.