Mr. Sheng applied for the position of Senior Electrical Engineer in a group company in Shanghai. The R & D department and HR recognized Mr. Sheng's ability and thought that he was very suitable. Therefore, they communicated with him about the entry time, position situation, salary and other information, and arranged him to work as soon as possible. Mr. Sheng reported as required, but he was unable to provide proof of resignation when providing entry information.

研發(fā)部由于人手不足，急需用人，想盡快讓候選人到崗。但HR部門卻擔心，沒有離職證明就安排人員上崗，可能會引起用工風險。

Due to the shortage of manpower, the R & D department is in urgent need of personnel, and wants to get the candidates to the post as soon as possible. However, the HR department is worried that the risk of employment may be caused by arranging personnel to work without resignation certificate.

對于那些確實無法提供離職證明的員工，我們該怎么呢？下面是獵頭公司建議我們參考如下方式減免法律風險。

What can we do for those employees who really can't provide proof of resignation? The following is the headhunting company's suggestion that we refer to the following ways to reduce legal risks.

1、 必要的背景調(diào)查

1. Necessary background checks

和員工進行溝通，了解其無法提供的原因，做好相應的背景調(diào)查。原公司的架構(gòu)是怎樣？各個部門都有多少人？老板是誰？副總是誰？當時招聘的HR是誰？能否提供原公司一些同事的聯(lián)系電話？能否提供公司的固定電話？......

First of all, communicate with employees to understand the reasons why they can not provide, and do the corresponding background investigation. What is the structure of the original company? How many people are there in each department? Who is the boss? Who is the vice president? Who was HR recruited at that time? Can you provide the contact numbers of some colleagues in the original company? Can you provide the company's fixed line telephone? ......

之后重要的還是對其工作業(yè)績的調(diào)查，哪怕一切都是真實的，如果只會嘴上功夫，沒有實在的能力，一切都是零。多方查驗，檢驗并判斷員工提供的信息是否屬實，即可在很大程度上降低風險。

After that, the most important thing is to investigate their work performance. Even if everything is true, if they only know how to talk and have no real ability, everything will be zero. Multi party inspection, inspection and judgment of the information provided by employees can greatly reduce the risk.
                

2、相關證件驗證

2. Verification of relevant certificates

一般來說，HR會要求員工在報到過程中，需要提供身份證、學歷證、個人簡歷、員工信息表、離職證明相片等相關證件，并做驗證。主要是關注員工相關證件（學歷、資質(zhì)、履歷等）的真?zhèn)?，是否與上家公司解除勞動合同等。

Generally speaking, HR will require employees to provide ID card, education certificate, resume, employee information form, resignation proof photo and other relevant documents during the check-in process, and verify them. It mainly focuses on the authenticity of relevant certificates (education background, professional qualification, resume, etc.) of employees, and whether to terminate the labor contract with the previous company.

3、檢查是否有違法行為

3. Check for violations

在互聯(lián)網(wǎng)的時代，很多企業(yè)都會和當?shù)毓簿趾献?，新人入職前都會?ldquo;身份證掃描儀”把求職者的身份掃描后，信息傳送到公安局，如果該求職人員有犯罪前科，或者是公安局抓捕的在逃犯人，我們就可以在員工入職前接到通知，避免這些有不良分子進入公司。

In the era of Internet, many enterprises will cooperate with the local public security bureau. New employees will use the "ID card scanner" to scan the identity of the job seeker before entering the job, and then send the information to the Public Security Bureau. If the job seeker has a criminal record or is a fugitive arrested by the Public Security Bureau, we can receive a notice before the employee enters the job, so as to avoid these undesirable elements from entering the company.

4、要求員工出具承諾書

4. Require employee to issue letter of commitment

背調(diào)過后，公司可要求員工提供一份承諾書，承諾本人與其他單位無任何勞動關系、勞務關系，并保證受聘于公司不會違反對原單位的任何競業(yè)限制義務。否則，由此帶來的后果全部由該員工自行承擔。

After the back transfer, the company can ask the employee to provide a letter of commitment, promise that he has no labor relationship or labor relationship with other units, and guarantee that the company will not violate any non competition obligation of the original unit. Otherwise, the employee shall bear all the consequences.

如果做了深入的背景調(diào)查，而且員工有實力勝任現(xiàn)在的工作，且員工也愿意簽署承諾書的話，公司還是可以讓員工入職的。

If we have done in-depth background investigation, and the employees are competent for the present work, and the employees are willing to sign the letter of commitment, the company can still let the employees in.

總體而言，人力資源部門需要在新人入職前，通過各種方式和渠道嚴格把關，防止不符合公司要求的人員進入公司，如果等到這樣人員入職后再做補救措施，就為時已晚。

Generally speaking, the human resources department needs to strictly control the entry of new employees through various ways and channels to prevent those who do not meet the requirements of the company from entering the company. If it is too late to take remedial measures after such personnel enter the company.