Can I bring my family members to work at the human resources department of a State-owned enterprise?
1. Can I send my family members to work at the human resources department of a State-owned enterprise?
Pursuant to the provisions in Article 20 ofLaw on Prevention and Combat of Corruption 2018 Amended by Clause 3, Article 217 Enterprise Law 2020 has the following provisions:
Codes of conduct for people with positions and powers in agencies, organizations, and units are often determined to ensure integrity, responsibility, and public service ethics. Here are some specific rules and restrictions:
Implement the code of conduct: Perform duties and public duties according to the provisions of law and professional characteristics. Ensuring integrity, responsibility, and public service ethics.
Limit inappropriate activities: Do not harass in handling work. Not allowed to participate in the management of private enterprises, companies, or cooperatives, unless otherwise prescribed by law. Do not advise businesses on confidential work or work that falls under their jurisdiction.
Limit personal interests: Do not use agency information inappropriately. Not allowed to establish or hold management titles or positions in the area of previous management responsibilities according to regulations.
Limit conflicts of family interests: The head is not allowed to assign relatives to hold certain management positions in the agency. The head's deputies are not allowed to contribute capital to enterprises in the field they manage.
Restrict internal transactions: Management members and directors are not allowed to sign contracts with businesses owned by relatives. Businesses owned by relatives are not allowed to participate in bidding packages of their own business.
Regulations on codes of conduct for leaders and managers at 100% State-owned enterprises to ensure transparency, avoid conflicts of family interests and ensure fairness in the management process. physical. Specifically, they are not allowed to sign contracts with their relatives' businesses, do not allow their relatives' businesses to participate in their business's bidding packages, and are not allowed to appoint relatives to hold management positions. important or participating in transactions and signing contracts for the business. These measures are intended to ensure fairness and avoid violating ethics in business management.
These rules aim to prevent conflicts of interest and ensure transparency and fairness in the management and transaction process. These rules are often put in place to ensure that people with positions and powers perform their duties honestly and within the common interests of the organization and the community.
Thus, for businesses with 100% charter capital, family members are not allowed to hold positions in human resources, accounting, or as treasurer and storekeeper in the enterprise.
2. For what reason is it strictly prohibited to send family members to work at the human resources department of state-owned enterprises?
Prohibiting family members to work in the human resources department of state-owned enterprises is a measure to prevent conflicts of interest and ensure transparency and fairness in the personnel management and recruitment process. Here are some main reasons:
Risk of lack of transparency: Bringing family members to work in the human resources department can create an environment of non-transparency. Hiring decisions, promotions, and other personnel-related processes need to be made in a transparent and fair manner, and the presence of family members may cast doubt on this transparency.
+ Internal media: The presence of family members in the human resources department can create doubts about whether information about recruitment and promotions is being communicated honestly and transparently . Other employees may suspect that decisions being made may be influenced by family relationships.
+ Speculation about privileges: The presence of family members in the human resources department can create speculation that they may receive special privileges or priority in recruitment and promotion processes. This can reduce employee trust in the organization and create an unfair working situation.
+ Increases the possibility of conflicts of interest: The presence of family members can increase the possibility of conflicts of interest, where personnel decisions may be made based on family interests rather than capabilities and contributions. actual employee contributions. This can affect work performance and overall work psychology.
+ Loss of transparency in the recruitment process: During the recruitment process, bringing family members in can cause a loss of transparency in the candidate evaluation and selection process. Other employees may not feel secure about being fair in their evaluation and hiring opportunities.
+ Impact on organizational culture: A work environment that is not transparent and fair can create an unhealthy organizational culture, affecting employee motivation and commitment. If employees feel there is bias in the HR process, they may not be committed to organizational goals.
Violating the principle of fairness: Recruiting family members into management positions in the human resources department can lead to violating the principle of fairness in the process of evaluating and selecting personnel. Family members may be evaluated unfairly and given an undue advantage in the hiring and promotion process.
Risk of conflict of interest: Family members working in the human resources department can create a conflict of interest. They can make decisions about hiring and promotion processes that can directly affect relatives, creating a lack of transparency and fairness.
Loss of reputation and trust: The presence of family members in the human resources management process can cause loss of reputation and trust from other officials and employees in the organization. This can create dissatisfaction and unfairness, affecting work performance and overall morale.
Ensuring the quality of human resource management: To ensure quality and professionalism in human resource management, the recruitment and promotion process needs to be carried out based on capacity and experience. Putting family members in management positions can reduce the quality of this process.
In short, the prohibition of sending family members to work in the human resources department is to ensure transparency, fairness, and professionalism in human resource management of state-owned enterprises.
3. What rights and obligations does the director who is responsible for managing the company's daily operations have?
Based on the provisions in Clause 2, Article 100 of the Enterprise Law 2020, there are regulations on the rights and obligations of companies as follows:
- Organizing and evaluating the results of plans and options: The Director is responsible for organizing and evaluating the results of implementing the company's business plans and investment plans to ensure progress in achieving goals. title out. The director is responsible for actively participating in the company's business planning and investment planning process. This includes making proposals and participating in the process of building specific goals and strategies for the company's future. After the plan is approved, the Director must organize its implementation. This requires good management, organization and work assignment to relevant departments and employees to ensure the plan is implemented effectively.
- Implement and evaluate resolutions and decisions: The Director must organize and evaluate the results of implementation of resolutions and decisions of the Board of Members, the Chairman of the company and the owner's representative agency. company.
- Decide on daily work: The Director has the right to decide on the company's daily work, including decisions on production and business activities.
- Promulgating internal management regulations: The Director is responsible for promulgating the company's internal management regulations and ensuring that it has been approved by the Board of Members or the President of the company. D
- Human resource management: The Director has the right to appoint, hire, dismiss, dismiss, and terminate labor contracts for company managers, except for positions under the authority of the Board of Members or the Chairman of the company. ty.
- Signing contracts and transactions: The Director has the right to sign contracts and carry out transactions on behalf of the company, unless otherwise specified under the authority of the Chairman of the Board of Members or the President of the company.
- Prepare and submit reports: The Director is responsible for preparing and submitting to the Board of Members or the Chairman of the company quarterly and annual reports on the results of implementing business plan objectives and financial reports of the company. company.
- Proposal for profit allocation and financial obligations: The Director has the right to propose plans for allocation and use of after-tax profits and other financial obligations of the company.
- Labor recruitment: The Director has the right to carry out the labor recruitment process to ensure the staff meets the company's job requirements.
- Proposal to reorganize the company: The Director has the right to propose plans to reorganize the company to improve performance and operational efficiency.
- Other rights and obligations: The Director has other rights and obligations according to the provisions of law and the company's Charter.
These rights and obligations characterize the key leadership and management role of the Director in the daily operations of the enterprise.