The newly implemented Labor Contract Law imposes strict obligations on employers and strengthens the protection of workers. Around the signing and dissolution of employment contracts, payment of economic compensation, payment of social insurance and other issues, new labor disputes emerge one after another. The new law is more conducive to the protection of individual rights of workers. In this regard, the employer should take precautions, hire, manage, punish and dismiss employees according to law, pay attention to legal procedures, improve the employee contract management system, and safeguard the legitimate rights and interests of the unit to the maximum extent.
Two. Risk of legality and effectiveness of rules and regulations
Rules and regulations can make up for the shortcomings of contracts and make more detailed provisions on employees' obligations and responsibilities. Rules and regulations formulated and published according to law, the contents of which are not illegal, are binding on employees. Rules and regulations can be a good means of labor management. The key point is that private schools should formulate a set of rules and regulations with legal content, due process and maximum protection of their own interests, and publish and apply them according to legal procedures.
Third, intellectual property risks.
There are two main types. The first is copyright risk. Reprinting textbooks in private schools and improper use of other people's courseware may constitute infringement of other people's copyright. The ownership and use of intellectual achievements such as lesson plans, works and courseware completed by employees at work need to be clearly agreed in advance, otherwise disputes will easily form afterwards. The second is the risk of trademark rights. Private schools should obtain the ownership or use right of trademarks and logos through legal forms, and improve the right protection system.
Fourth, the risk of students' personal injury accidents.
Students in private schools include adults and minors aged 18. The school's safety responsibility and possible legal responsibility for injury accidents are also different from ordinary primary and secondary schools. If a student injury accident occurs because the school fails to fulfill its statutory or agreed obligations, the school should bear corresponding responsibilities. Schools should understand the exact meaning of safety responsibility and correctly perform relevant obligations in peacetime. Once an accident happens, it should be handled according to legal procedures, and different countermeasures should be taken according to the existence and size of the school's fault, which not only takes care of the interests of students, but also protects the legitimate rights and interests of the school to the maximum extent.