Be Vigilant Against The Trap Of "False Recruitment"

Open recruitment is a pretext and urgent need of "coolie" is true.

Positive spring March Job wanted In the busy season, college students who are eager to find jobs begin to run around. Although the practice of "contract before internship" has become the only way to go, some enterprises do not explicitly advise the probationary period when recruiting. When the probation period is about to end, the squid will be fired for various reasons. This kind of recruitment makes it difficult for college students who are not in the world to get into the trap designed by employers. They not only contribute their brains and physical strength to the employers, but also lose other employment opportunities. In this regard, vocational counselors and legal experts remind the graduates to adjust their mindset when they are looking for a job and to be cautious when they enter the job. At the same time, they must retain evidence for future rights protection.

Case reappearance: public recruit It is true that we should take the form and cheat the free labor force.

Since October 2010, a school in Beijing has published information on major recruitment websites, collecting archivists and administrators. Administration Staff and other civilian posts have attracted many fresh students. The middle school said that it was necessary to examine and select the best candidates first, so that the candidates could be internships for two weeks.

The author later learned that in fact, the school had already had a designated candidate, and the open recruitment was just a form, and no one had done many chores. The school aimed at making the university students free. A victimized student complained to the author: "at that time, I went to school for an interview. The other party asked me to practice first, cleaned up the groceries in the school storehouse, and then saved up the archives for several years. In order to get this job, I worked very hard, every morning and evening, and I didn't dare to make any mistakes. I worked hard for more than a month. Finally, the school sent me away under the pretext of low college entrance examination results. I always thought that it would be impossible to recruit such a good institution like a school for cheating, such as black box operation. "

It is understood that in addition to the recruitment, in fact, the phenomenon of internal fixation, and some units in the name of recruitment, in fact, is cheating the free labor force. Like the so-called adaptations, assistants, secretaries and other work, in fact, it is the work of heavy duty workers, no professional skills.

Lawyer analysis: false recruitment drills are legal loopholes.

In this regard, the Beijing city of Kangda law firm Ren Yan lawyer analysis pointed out that the recruitment of the school is obviously illegal. Such behavior not only violates the principle of good faith, but also violates the "legality, fairness, equality, honesty and credit principle" stipulated in the third article of the labor contract law, and even violates the principle of openness in open recruitment. Such behavior infringes not only on the interests of the candidates, but also on the management of the labor market in the country, which seriously violates the credibility of the state, labor management departments and the labor market.

I read the relevant regulations of the labor contract law, and found that there is no concept of internship, only the provisions of the probation period. The state sets a probationary period in the law, so that employers and workers can have an option in a certain period after the signing of the labor contract. Employers can choose not to hire workers, and workers can also choose to resign. However, some illegal employers set up the so-called internship period in order to get free labor.

Lawyer of Beijing Kangda law firm Ren Gang said that the twentieth provision of the labor contract law of China stipulates that the wages of labourers during probation period should not be lower than the lowest wage of the same posts or eighty percent of the wage stipulated in the labor contract, and shall not be lower than the minimum wage standard of the employer. The "internship period" of these illegal enterprises is actually a probation period. From this point of view, "zero monthly salary" is illegal, and the labor contract made by the other party in violation of the true meaning is invalid by means of fraud, coercion or taking advantage of danger.

Expert advice: adjusting mentality, cautious entry and retaining evidence are the key to safeguarding rights.

The current employment injustice not only disrupts the normal recruitment order, but also makes it a waste of time and energy for graduates who are graduating soon. Talking about how to safeguard their rights and interests, career counselors and legal experts have also given some advice to college students.

Chen Xi, a senior vocational consultant of Zhaopin, believes that as a job seeker in a weak position, once the business is being tempted by some kind of temptation or contract, it is very passive. Therefore, before deciding to go to a certain unit, it is best to collect information everywhere, such as finding employees of the company to inquire about information, inquiring about the work there, or finding information on units on Baidu to see if there are any negative news such as complaints. If you have gone to a certain unit, you should take the initiative to communicate with your colleagues and take measures in time to avoid making a big mistake.

Wang Jian, manager of marketing department, reminds you that you should not belittle your value too much in job-hunting. Although the monthly salary has become the mentality of many college students, its practice is not advisable. It is a natural thing to get paid by labor. It is best not to depreciate the value to zero. Before the interview, you can explore the office environment and work status in advance, and see some clues; if you are in the internship, you should pay attention to the changes around you. Sometimes you can feel your status from the atmosphere of the unit, the attitude of your employees and the tone of your leadership. If you look at your listens, you will not give up.

Beijing Kangda law firm Ren Ya Gang lawyer said that although there is no single law to punish such deception alone, we can use different laws to punish relevant behaviors accordingly. At the same time, Ren Gang lawyer pointed out: "the solution or reduction of false recruitment phenomenon is difficult to solve only by the efforts of university students and candidates. The state labor resource management department should become the main body of regulating and punishing such acts, and the NPC should write such acts into relevant laws so that the management departments or judicial departments can have laws to regulate them."