As the main body of the market economy, enterprises operate and manage according to law and carry out various economic activities according to law are the fundamental requirements for enterprises under the conditions of market economy, and continuously improving their legal risk prevention capabilities should also become the conscious pursuit of enterprises.
Based on this, on March 26, the Asia Pacific Legal Alliance and Ingmar Human Resources Group jointly held the "Corporate Internal Control compliance management" law general meeting to discuss how to help executives identify compliance risks from business development. How to deal with the risk of executive labor disputes?
Jiang Luming, Executive Secretary of asia-Pacific Legal Alliance, Chen Jingjing, Legal Director of Ingmar Human Resources Group, Li Xiaoming, Professor of Soochow University, Doctor of Criminal Law and Director of the Criminal Department of Dentons Law Firm, Liu Haidong, senior researcher of Qunjie Risk Control Research Institute, Ying Yusang, legal director of Suzhou Sigma Technology Co., Ltd., Feng Jian, senior legal manager of Suzhou Dongshan Precision Manufacturing Co., Ltd., and Shenyang, legal manager of Jiangsu Syraf Photovoltaic System Co., Ltd., attended the meeting.
At the meeting, Chen Jingjing, legal director of Ingmar Human Resources Group, Li Xiaoming, professor of Soochow University, doctoral supervisor of criminal law and director of the criminal department of Dacheng Law Firm, and Liu Haidong, senior researcher of Qunjie Risk Control Research Institute, brought keynote speeches to share with everyone.
Yang Yukan, Vice President of Ingmar Human Resources Group
At the beginning of the event, as the host, Yang Yukan, vice president of Ingmar Human Resources Group, made a speech at the event, first of all, welcoming the visit of the participants, and introducing the Ingmar Human Resources Group to the guests. Founded in 2002, Ingmar Group is a leading human resources outsourcing service provider in China, with its main businesses including manufacturing outsourcing, service outsourcing, Hamp legal outsourcing, flexible employment, intermediate and senior talent search, training and consulting.
<h1 class="pgc-h-arrow-right" data-track="7" >01, five typical cases of labor disputes of enterprise executives and strategies for winning lawsuits</h1>
Subsequently, Chen Jingjing, legal director of Ingmar Human Resources Group, brought a sharing of the theme of "Five Typical Cases of Labor Disputes of Enterprise Executives and Strategies for Winning Lawsuits".
Chen Jingjing has more than 10 years of experience in human resources legal management and risk control management, proficient in national and local human resources laws and regulations, in-depth research on judicial practice, good at the diagnosis and sorting out of difficult and complicated diseases of enterprise labor and employment, governance optimization, and rich practical experience.
Jingjing Chen, Legal Director of Ingmar Human Resources Group
First of all, through a survey of labor disputes of enterprise executives, she conducted an analysis of the typical characteristics and causes of labor disputes involving enterprise executives. She believes that there are three typical characteristics of labor disputes among corporate executives:
Larger targets: compounded executive dispute claims, generally higher executive compensation, and overlapping application of law, involving multiple departmental laws.
High success rate: outstanding academic qualifications, experience, abilities, resources, etc., relatively rational and well-prepared rights protection, and strong ability to collect and grasp core evidence.
Strong destructiveness: strong influence of core talents and core positions; high antagonism, prominent contradictions, and not easy to compromise; explicit costs and hidden costs have very strong uncertainties; it is easy to affect operation and management, corporate brand, and even have an impact on survival and development.
Chen Jingjing then analyzed 5 specific cases, including contract signing, salary and remuneration, personal fraud, non-compete restrictions, illegal termination and other aspects, in the analysis, she pointed out the different characteristics and focus of disputes in different types of enterprise executive labor dispute cases, and made a unique analysis.
So, when encountering a labor dispute case of enterprise executives, what countermeasures can be adopted? Chen Jingjing believes that there are several important points:
Abrupt migration of salaries, prevention of troubles: rendering corporate culture (forward-looking, matching, coverage, etc.); grasping multiple relationships; building a risk control system; and consolidating the integrity system of executives.
It is not too late to make up for the dead sheep: review and study; check for leaks and fill in the gaps; build embankments and dams; and do not forget the pain of scars.
Know thyself, know thyself, never lose a battle: be discerning, confident, and work together to win the king.
After punishing the former, harmony and win-win: involving the people involved in the punishment, killing one to make an example; saving others and saving oneself, not seeking complete blame; balancing the interests of both sides, harmony and win-win.
Finally, she introduced several books produced by the legal risk control team of Ingmar Group, such as "Labor and Personnel Relations Trial Rules and Guiding Cases", "The Latest Laws and Regulations on Human Resource Management", "Compilation of the Latest Laws and Regulations on Labor and Personnel Relations Management", and said that legal counsel should act according to the situation and go steady and far.
Chen Jingjing participated in the compilation of professional books such as "Observation on the Outsourcing Format of Chinese Resources Service Industry" and "Compilation of the Latest Laws and Regulations on Labor and Personnel Relations Management", and organized legal publicity, legal training and theme salon activities of Ingmar Group. Her sharing brought more targeted and pragmatic views on corporate law.
<h1 class="pgc-h-arrow-right" data-track="23" >02, criminal legal risks of corporate executives and their prevention and control measures</h1>
Subsequently, as a university professor and senior criminal defense lawyer, Li Xiaoming, director of the criminal department of Beijing Dacheng (Suzhou) Law Firm, shared his views from the perspective of combining theory and practice.
Li Xiaoming, professor of Soochow University, doctoral supervisor of criminal law, and director of the criminal department of Dentons Law Firm
Li Xiaoming's sharing theme is: Criminal legal risks of corporate executives and their prevention and control measures. He analyzed the opening remarks of the dialogue with private entrepreneurs, the big data of criminal risks of corporate executives, the top ten high-frequency crimes of corporate executives, and the criminal risk prevention and control of corporate executives.
First of all, he introduced from the "self-deprecation" of private entrepreneurs and analyzed the five characteristics of the current habits or risks of private enterprise bosses. Subsequently, combined with the analysis report on the criminal risk of entrepreneurs released by the China Entrepreneur Crime Research Center of Beijing Normal University, he summarized the 10 characteristics of private entrepreneurs' crimes, including gender ratio, age characteristics, education, position, high incidence source, the highest frequency of crimes, key criminal risks, sentencing trends, etc.
Li Xiaoming also summed up the ten high-frequency crimes of enterprise executives, including the crime of illegal business operation, the crime of falsely issuing special vat invoices, the crime of bribery by units, the crime of accepting bribes from non-state workers, the crime of refusing to pay labor remuneration, the crime of embezzlement of office, the crime of misappropriation of funds, the crime of damaging business reputation, the crime of infringing trade secrets, and the crime of forging company seals.
So, how do enterprises carry out criminal legal risk prevention and control? Li Xiaoming introduced several initiatives from the company level, personal level and professional level.
Company level: It is necessary to establish a rigid system; form an independent compliance review department of the company; and strengthen criminal compliance design and punishment education.
Individual level: It is necessary to strengthen the awareness of criminal legal risk compliance; standardize the job behavior of middle and senior managers; and give full play to the supervision and management role of superiors and subordinates.
The professional level includes a variety of aspects. As far as affiliated companies are concerned, it is necessary to change from "limited liability" to "unlimited liability"; as far as listed companies are concerned, the risk of executive practice is increased. Enterprises should pay attention to the prevention and control of litigation risks, understand the reasons for litigation and legal relationships. Among them, the divorce risk of business owners will not only make executives lose their personal property, but even lose their companies.
Li Xiaoming's theme sharing content was comprehensive and detailed, and won the praise of the participants.
<h1 class="pgc-h-arrow-right" data-track="34" >03, corporate seal management and legal risk prevention</h1>
The third guest, Liu Haidong, a senior researcher at the Risk Control Research Institute, shared the theme of "Enterprise Seal Management and Legal Risk Prevention".
Before joining Qunjie Risk Control, Liu Haidong worked in a leading DOMESTIC IT consulting company, has many years of experience in the construction and service of enterprise information projects, and has led and participated in the landing of risk control information projects of many leading enterprises in many industries such as ByteDance, Xiaomi Technology, Suning Holdings, Country Garden, Vanke, Chinese Insurance, Hengrui Pharmaceutical and so on.
Liu Haidong, senior researcher of Qunjie Risk Control Research Institute
Liu Haidong first analyzed the impact of seal management on the enterprise risk control system from the perspective of risk. He believes that all functions with risk as the object of work are considered risk control functions, and improper seal management will seriously affect the construction of the entire risk control system of enterprises.
In practice, enterprises usually take common seal risk prevention measures, such as: hierarchical inventory + flight inspection, centralized and unified management, litigation appeal court, construction of information system, etc.
However, most enterprises in the management of seals, although they observe the problems that arise and take measures to optimize the management, but because they do not grasp the core problems, there are more management difficulties, and the symptoms are not cured.
In this regard, Liu Haidong combined with the risk control case of Zhongnan Group and talked about his experience. According to reports, Zhongnan Group was established in February 1988, with more than 100,000 employees, nearly 20,000 management personnel, and a comprehensive revenue of 282.1 billion yuan in 2019. At present, the Group's business covers 26 provinces, more than 160 cities and overseas markets such as Australia and Algeria, and the Group has a total of 763 legal person companies and 1100 projects, ranking 78th among the top 500 Chinese enterprises.
Zhongnan Group can achieve such achievements, inseparable from the company's meticulous risk control.
According to Liu Haidong, zhongnan group through the establishment of a systematic bidding and procurement online platform, so that the bidding process online solidification, risk link system control, bidding data online file, management action online traces, to achieve bidding management of legal compliance, openness and transparency, objective
Finally, Liu Haidong concluded that the "pain points" of seal management in legal departments focus on two aspects: one is that there are many seals and the management is scattered; the other is that there are many printed documents and the workload is reviewed
In view of the above pain points, Liu Haidong proposed that the needs of modern enterprise seal management are constantly changing, and in this process, a new printing scene has emerged. It is recommended that enterprises adopt intelligent identification technology to improve the efficiency of review; re-delegate the seal to the grass-roots management, pass the online process approval when printing, use the equipment offline for stamp control, and automatically compare the content of the stamp file to achieve closed-loop management of the process.
It is unavoidable that when carrying out market economic activities on a daily basis, enterprises will face many high-risk risks, and if they are not handled properly, they will be punished by relevant laws. As the core personnel of the company and the makers of major decisions of the enterprise, there is a close connection between the personal behavior of the executives and the corporate responsibility. As an internal control compliance manager, it is very necessary to help enterprises identify and avoid such risks.
The sharing of the three guests at the Sixiang conference is based on the above situation, providing you with some risk avoidance methods and experiences, in order to promote the further development of the industry.