The company's employee handbook has been publicly announced to the staff, why will they lose the case?

Zhuang’s boss, who has been printing, has been very upset recently, and his use of cashiers violates company regulations and causes financial losses. Was expelled from it. Because the employee violated the employee code. Then labor arbitration, he lost. He is puzzling.

1. It turns out that the law stipulates that legal and effective rules and regulations should have three elements, namely: legal content, democratic procedures, public notice, and the three are indispensable, otherwise they will be unconstrained to the workers. The most important publicity notification element, the unit must prove that it has been announced to each employee, and obtain tangible evidence, can not take it for granted that as long as the objective has been carried out, everything will be fine.

2. Fahui Enterprise Legal Service Platform recommends that you:

3. Improve the public notice of the rules and regulations of the unit according to law, and keep relevant certificates.

4. We recommend that the unit adopt the following public notification method:

1) Employee Handbook Disbursement Method: Formulate rules and regulations that directly affect the immediate interests of workers, such as labor remuneration, working hours, rest and vacation, labor safety and health, insurance benefits, employee training, labor discipline, and labor quota management. The manual receipt form, the employee's signature, and the labor contract are retained together. This method is the most common and the most recommended way.

2) Internal training method: Through the convening of all staff meetings, or organizing trainings by departments, groups, etc., training and learning of the various rules and regulations of the unit, and retaining the training and learning records. Note that the recorded content must be reflected: training time, location, participants, training content, and the attendees' own sign-in content.

Labor contract stipulation law: When designing the labor contract text, it is clearly stipulated that the employee has already read and studied the XX system when signing the labor contract, and the XX system, which is attached to this contract, has been received and studied. It should be noted that the labor contract version of many units only states that the unit system is attached as a contract. This simple way of agreement is generally not recognized in practice.

3) Exam method: After the employees have completed the various systems, through the method of opening or closing the exam, I personally answer the relevant system of the unit. When designing the test paper form and content, it is necessary to involve all the important contents of the employee handbook. There are obvious omissions while retaining the original test paper.

4) Circulation method: The documents of the unit are circulated and learned by the staff. After the study, the signature is signed by the employee who keeps the circulation slip. However, when the signature is involved, the name of the document must be clearly circulated to avoid the proof that the name is unclear. The risk of circulating content.

5) Entry Registration Form Declaration Law: The entry registration form is designed to cover the content of on-the-job training. The training content includes the rules and regulations of the unit and is signed and confirmed by the employee himself.

5. Try to avoid email or intranet notifications.

From the perspectives of evidence effectiveness, evidence retention cost, etc., try to avoid the popular e-mail notification or intranet notification method in many enterprises, especially foreign companies. Once arbitration or litigation occurs, whether it is from the cost of collecting evidence, or evidence In terms of effectiveness, there are many troubles and high cost problems. In practice, employees often deny that the unit has not disclosed the internal network, did not receive the email, and so on. Time units will face significant legal risks.