Protecting an employer during a legal process is a difficult and thankless business. Firstly, because the Labor Code of the Russian Federation is built as a certain system of protection for the dependent party - the employee. And secondly, because often the employer himself connives at the work of his personnel service and security service, and only then, being in the role of the defendant, he tries to shift part of the blame onto them, which does not speak in his favor. A competent leader will always carefully monitor the work of all departments and strictly follow the TC.
Instructions
Step 1
Make sure that an employment contract is concluded with the employee before he starts his immediate duties, otherwise this may subsequently be regarded as a violation of the law.
Step 2
The salary should be clearly stated in the employment contract. The wording "according to the staffing table" can later be regarded as one of the forms of concealment of income. Moreover, the staffing table is not an obligatory document on the basis of which the salary can be calculated or the salary can be set.
Step 3
When certifying an employment contract, carefully check its necessity at the moment, compliance with all legislative norms, the correctness of references to other documents and articles of the Labor Code. The same applies to all other documents. Do not shift these responsibilities to the secretary or HR employees, otherwise meticulous employees may later use minor negligence in the preparation of documents as one of the evidence against you.
Step 4
Control the maintenance of the register of documents and be sure to keep the original or a certified copy of each of them.
Step 5
When drafting and signing the job description, make sure that it is up-to-date and does not contain vague wording. Before signing a contract with an employee, familiarize him with it, since later, if they find inconsistencies in the wording of his job duties, this may serve as a basis for recognizing the contract as invalid. And the consequences of invalidating this document may not be the best for you.
Step 6
Keep documents, prints and facsimiles out of the reach of other workers. Including secretaries.
Step 7
If, nevertheless, the employee filed a lawsuit against you, immediately seek the help of qualified lawyers, since you have not so many chances to cope with the situation on your own and not make even more gross mistakes.
