Injury 1: Using work as bait to deceive people, pay first.
★Data support: In the survey, among the various recruitment traps encountered by job seekers, charging fees was the most common, accounting for 27%. The fee trap refers to charging various fees from job seekers during the job search process, such as risk deposits, training fees, clothing fees, registration fees, etc.
★Classic case: Wang Yu, a student at the University of Science and Technology Beijing, said that when he opened his mailbox on the afternoon of March 7, he found a letter from an electronic technology company in Guangzhou, which probably meant that the company was very interested in his resume. Satisfied, we decided to hire him and created a personal profile for him. After graduating this year, I can work in a company with a monthly salary of 3,000 yuan. But the company must first collect a housing loan of 200 yuan from him and remit it to the company account as soon as possible.
“I was really hesitant when I saw that I had to repay the mortgage, but then I thought about it and couldn’t lose such a good opportunity just because of 200 yuan, so I wired the money the next day. To the company on the 9th When I called to ask if the money had arrived, I found that all the phones were either turned off, busy, or unreachable," Wang Yu said.
★Experts solve the case: Zhaopin recruitment experts pointed out that companies that agree to stay for a trial period and pay a deposit in a few simple words often focus on the "wealth" rather than the "talent". Investors must think twice before acting.
According to Mr. Liu Yu, manager of the Zhongguancun Talent Market Exhibition Department, many real estate companies are playing this trick when recruiting employees. They often charge several hundred yuan or more in training fees under the guise of on-the-job training. If a job seeker is dismissed by the employer for various reasons within a few days after the training, the training fee will not be refunded.
★ Countermeasures: Lawyer Yang Zhigang, a labor law expert at Beijing Chongguang Law Firm, reminds job seekers that as early as 1995, the state clearly required employers not to collect registration fees, mortgages, security deposits, etc. from job seekers in any name. cost. In addition, during the job search process, you must first verify the authenticity of the target company. Moreover, when encountering fraud, you must report it promptly and do not allow it to develop with a bad attitude. This will not only make my loss irreparable, but also allow more people to be deceived.
Injury 2: Recruitment is a cover to steal your job.
★Data support: The results of this survey show that 23% of the respondents have encountered an intellectual trap, that is, the fruits of their labor have been successfully stolen by the recruiter on the grounds of recruitment.
★Classic case: Liu Tao, a graduate majoring in advertising from a vocational and technical college in Beijing, fell in love with an advertising company at a job fair six months ago. This company requires each applicant to write an advertising plan for different products, including clothing, beverages, small appliances, etc. The person in charge of recruitment said that the company will compare all submitted works and finally select two people.
Liu Tao received a plan to promote a functional beverage in the Beijing market, including detailed plans for advertising language, outdoor posters, TV advertising creativity and marketing activities. Liu Tao spent a week submitting his planning plan, but so far the recruiter has not announced the recruitment results. Liu Tao said: "Although people are suspected of deceiving their ideas, it is not easy to find a job now. If the planning case is really 'useless', they have to admit that they are unlucky."
★ Experts solve the case: Zhaopin recruitment experts said that the intellectual trap refers to the free use of program design, advertising design, planning plans, article translation, etc. in the name of exams. Cheating "intelligence" in the recruitment process is now very common. This kind of blatant appropriation of the fruits of other people's work is even worse. And the majority of job seekers need to be more discerning and careful.
★ Countermeasures: Lawyer Yang told reporters that when it is impossible to judge the true intention of the recruiting unit and wants to get a job, it is necessary to protect the fruits of one's labor.
1. When submitting planning proposals and other labor results, prepare two copies, one to submit and one to keep for yourself. When it comes to retention, you need to ask the recruiting unit to sign for confirmation, so that you can prove the content of the results of your labor in the future.
2. When submitting the plan, attach a copyright statement and ask the recruiting unit to sign for it. It is best to state: "Any unit or individual who saves or keeps various versions of this plan may not use this plan or lend it to others without the consent of the author Liu Tao, and may not copy, reproduce, take photos or disseminate it in any way. Otherwise, This may cause problems that interfere with the author's copyright and may lead to legal liability.
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Injury 3: The organizer removes false information.
★Data support: In this survey, 27% of the respondents believed that there was false information in recruitment.
★Classic case: In the past few days, job fairs for college graduates have been held one after another. At a recent job fair, the reporter saw that many students were blinded by the overwhelming recruitment information.
Li Jingjing, a student at Beijing Union University, submitted her resume to a consulting company at a job fair and was told to go for an interview in a few days. However, she ended up being the subject of market research. In addition to her strengths and hobbies, she also asked which one she would like to use. Brand of shampoo, how to understand the product? She asked the person in charge of recruitment, who replied: "This is the company's recruitment process. Li Jingjing told reporters angrily: "I found out later that I had encountered a false recruitment." In fact, they don't really want to recruit people, but use this method to promote the company's advertising. ”
★Experts solved the case: Liu Yu told reporters that the reason why companies do this is because recruitment advertisements have a hidden propaganda effect, which can make people feel that the company has great development potential, because when a company needs When recruiting a lot of people, the company will undoubtedly be considered a thriving company in the eyes of job seekers. There are also many companies that recruit talents, and applicants do need people, but not now.
< p>An anonymous person in charge of the talent market said that this kind of false recruitment also exists in formal job fairs, especially some free job fairs. In order to expand the scale and increase the number of employers and positions, organizers use various methods. Some companies are found to be shills to artificially create an illusion of popularity.★ Countermeasures: In order to avoid this kind of recruitment, job seekers must do a good job in information identification. Article 8 stipulates: “The organizer of the talent recruitment fair must review the legal qualifications of the participating units and the identity of the staff. Any enterprise or institution that has not obtained legal qualifications is not allowed to participate in recruitment. "Therefore, the organizers of job fairs have the obligation to conduct qualification reviews of applicants, and the consulting company in the case should be turned away. But currently there is no relevant department that can directly monitor whether the company is actually recruiting people and whether these positions are filled There is a shortage of people. In addition, many units post recruitment advertisements privately at home, and there are currently no relevant laws and regulations to prohibit this, so many units currently have to take advantage of this loophole and try to avoid harming themselves if they find false recruitment. Complain to the job fair organizer and the talent market management agency in a timely manner
Injury 4: disbandment, sneak attack, sudden bombing
★Data support: In this survey, 36% were affected. The interviewee believed that he had the experience of being suddenly dismissed from the company.
★Classic case: Ms. Ma is a girl who came to Beijing to work for more than a year. Last week, I went as usual. I went to work in the company, but when I arrived, the leader said: "Go home, the company has made internal adjustments, and you don't need to come." "Ms. Ma was particularly surprised and thought, if you don't want me anymore, why didn't you tell me earlier so that I would be mentally prepared! There are many colleagues who have the same fate as me. What do you suggest we do? I will be deducted every month We haven’t refunded the insurance yet. This is because many people in our country only deduct money but don’t pay for insurance. ★Experts solve the case: Lawyer Liang, a labor law expert and rights protection ambassador, believes that according to relevant national regulations, the employer should notify the employer 30 days in advance. Ms. Ma issued a written notice to terminate the labor contract and paid Ms. Ma a financial compensation for the termination of the labor contract based on her continuous working years in the unit. It is recommended that Ms. Ma file a lawsuit with the Labor Dispute Arbitration Committee and request the unit to pay financial compensation for the termination of the labor contract. 50% additional economic compensation. As for the lack of social insurance, you can complain to the Labor Inspection Brigade.
★Countermeasures: Lawyer Liang said that it is possible for the company to terminate the labor relationship due to business adjustments and other reasons. Article 27 of the "Labor Law" stipulates that if an employer is on the verge of bankruptcy and is undergoing legal reorganization or encounters serious difficulties in production and operations, and it is really necessary to lay off employees, it must explain the situation to the trade union or all employees 30 days in advance and listen to the opinions of the trade union or employees. After reporting to the labor administrative department, the employer may lay off employees in accordance with the provisions of Articles 24, 26, and 27 of this Law. Provide for financial compensation.
Injury 5: In order to save money, try endlessly.
★Data support: The trainee trap ranked second in this survey, with 25% of job seekers saying they had suffered such abuse.
★Classic case: Last Thursday, at a formal job fair, a Mr. Kong complained to reporters that he applied for the position of "marketing director" of a company a while ago and promised a monthly salary of 2500 yuan. Mr. Kong is very happy that he has found a satisfying and suitable job. When he arrived at his position, Mr. Kong was told that according to company practice, he would have to practice on the sales frontline for a period of time before becoming a marketing director, and he would have to complete a certain amount of business every month. As a result, Mr. Kong worked as a salesman for a month. At the end of the month, he asked the company to pay wages, but the company refused to pay a penny on the grounds that "the two parties had agreed in advance and the business targets had not been met."
Mr. Kong told reporters that he later learned that the company has been recruiting new employees, and those recruited are often dismissed because they fail to meet business goals. In this way, the company continues to rely on new people to attract business without paying a penny.
★Experts solve the case: Zhaopin recruitment experts said that this is a recruitment trick by companies, which refers to the employer extending the probation period indefinitely as a means of paying job seekers a lower salary. This form is also the most hated form of deception among job seekers.
Lawyer Yang Zhigang said that Article 16 of the "Labor Law" stipulates: "A labor contract is an agreement that establishes a labor relationship between a worker and an employer and clarifies the rights and obligations of both parties. A labor contract must be concluded to establish a labor relationship. "However, Mr. Kong did not sign a labor contract to confirm his rights after applying. After I went to work, I did not ask the company to fulfill the promise made during recruitment. Instead, I allowed myself to be manipulated by the company and was treated unfairly in the end.
★ Countermeasures: Lawyer Yang reminds job seekers that they must insist on signing a labor contract after successfully applying. "Beijing Talent Market Management Regulations" stipulates: "When recruiting talents, the employer must truthfully announce the positions, quantity, conditions and benefits of the talents to be recruited. When the employer determines the employment relationship with the applicants, it shall be based on equality and voluntariness in accordance with the law. Sign a labor contract or employment contract to stipulate the rights and obligations of both parties. ”
For workers, workers are often relatively “weak” due to lack of strength and legal knowledge. Therefore, when workers establish a labor relationship with an employer, they need to sign a labor contract to clarify the rights and obligations of both parties to better protect their legitimate rights and interests. Moreover, workers should also pay attention to collecting evidence during the labor process. For example, you can properly save the recruitment advertisements of the recruiting units and the contract letters of intent signed by both parties at the job fair. Once a labor dispute occurs, although there is no written labor contract, 1 is used. There is a de facto labor relationship; 2. The content of the labor relationship, such as position, salary, etc., can be successfully defended.
Injury 6: No matter whether you are busy or idle, you have no money.
★Data support: In our survey on whether job seekers have ever suffered serious violations of their personal rights, only 29% said "Fortunately, these unfortunate things did not happen to me", and the remaining 71% said % of people have suffered very serious violations of workers’ rights. Among them, the most common one is "always working overtime in vain and having no way to complain." Nearly one-third of the respondents have unfortunately had this experience.
★Classic case: When Mr. Hu applied for an IT company in Beijing, the interviewer said that there was no overtime pay here, but some subsidies would be given based on how busy the work was. After he went to work at the company, he found that the company required him to work late every day and also on Saturdays and Sundays, but there was no so-called "subsidy" in his salary. Mr. Hu believes that the leader at the time said “it depends on whether you are busy with work”, which was actually a lie! Can he legally refuse the company's unfounded request for overtime (beyond the 8 hours worked in a day)?
★Experts solve the case: Han Zhi, director of the Legal Affairs Center of China Labor and Social Security Newspaper and deputy director of the Labor Law Institute of the China Academy of Management Sciences, said: If the employer illegally arranges employees to work overtime and does not arrange for employees to take breaks, Without paying any overtime pay, employees certainly have the right to refuse the employer's overtime request, and they can appeal to the labor inspection department or labor dispute arbitration institution and require the employer to pay overtime pay and economic compensation that have occurred. It would be even more wrong and a violation of the law if the employer deducts employees' wages or fires them. Workers can appeal to the labor inspection agency or the labor dispute arbitration committee. If a labor dispute complaint is filed regarding overtime pay, if the employer refuses to pay, it must be paid attention to within 60 days; it must be reported to the labor inspection agency within two years.
★ Countermeasures: Zhaopin recruitment experts said: Chapter 4, Article 36 of the Labor Law of the People's Republic of China clearly stipulates that the state implements a policy that workers should work no more than eight hours a day and an average of no more than eight hours a week. Working hours system beyond forty-four hours. Regarding the provisions on overtime wages, Article 44 of Chapter 4 of the Labor Law stipulates that under any of the following circumstances, the employer shall pay the employee wages higher than the wages for normal working hours according to the following standards:
(1) If the employee is arranged to extend working hours, the payment shall not be less than one hundred and fifty percent of the salary;
(2) If the employee is arranged to work on a rest day and no compensatory time off can be arranged, the payment shall be paid A wage remuneration of no less than 200% of the salary;
(3) If workers are scheduled to work on statutory holidays, a wage remuneration of no less than 300% of the salary shall be paid. Which of the following serious violations of personal rights have you encountered?
Injury 7: Five insurances and one housing fund, no points at all.
★Data support: In this survey, a quarter of the respondents said they are still receiving five insurances and one fund (five insurances: pension, unemployment, maternity, work injury, medical care; one fund: housing provident fund ) in the absence of.
Although the Labor Law has been in effect since 1995, the state clearly requires employers and workers to participate in social insurance and pay social insurance premiums in accordance with the law. But even ten years later, 25% of the respondents still did not participate in social insurance. In addition, 15% of the respondents had the tragic experience of having their wages deducted or simply deducted by their bosses under various pretexts.
★Classic case: After graduating in 1999, Ms. Huang placed her personnel files in the local talent market and went to work at an investment company in Beijing. After five years of hard work, she is now doing quite well in the company. But the fact that she has no insurance or provident fund has not been clarified. She only knew that only senior people in the company had insurance, provident fund and other benefits, while those recruited later did not have insurance or provident fund. Recently, she asked the company for insurance and provident fund, but the company said that this was a rule and there could be no exceptions.
★Experts solved the case: Han Zhi, deputy director of the Labor Law Institute of the China Academy of Management Sciences, said that the location of the files has no direct relationship with the payment of social security. At present, according to relevant regulations in Beijing, no matter whether the employee's files are in the archives entrusted by the company, this cannot be an excuse for not paying social security to employees. In fact, Beijing’s current social security system has nothing to do with archives. Whether the file is in Beijing or in the company does not affect social security payment. Moreover, according to the relevant provisions of the "Housing Provident Fund Regulations" of the State Council, enterprises must also contribute to housing provident funds for their employees.
★ Countermeasures: Han Zhixue believes that failure to pay workers housing subsidies, housing provident funds and other welfare benefits in accordance with relevant national regulations is a dispute over insurance benefits and has no direct relationship with the performance of the labor contract. Even if the two parties do not agree on the housing provident fund when signing the contract, according to the relevant provisions of the "Housing Provident Fund Regulations" of the State Council, the enterprise must also contribute to the housing provident fund for its employees. It is not directly related to the labor contract, but the law provides otherwise. As long as there is a de facto labor relationship between the employer and its employees, the employer must establish an employee housing provident fund even if there is no agreement in the contract. If employees do not enjoy this right, they can seek relevant legal support from the labor arbitration department. . . . . .