Sino-Singapore Jingwei Client, August 20th (Dong Xiangyi) In recent years, the Coconut Tree Group has caused controversy many times with its extraordinary packaging style and frequent slogans. It can be described as "out of the circle". Recruitment conditions called "sales contract" type returned to public view.
On August 19, Hainan Coconut Group’s recruitment notice aroused heated discussions as soon as it was released. Its recruitment conditions mentioned that the applicant promised to serve in the "Coconut Tree" for life, promised to use the real estate as mortgage, and leave the "Coconut Tree" to use the real estate. repay. In addition, the rhetoric that "loyalty is not for personal gain, care for career and family" also made many netizens shout "wonderful".
Coconut Group Headquarters
Coconut Recruitment Causes Controversy:
Million high salary bonus, promise to mortgage your house
Recruitment notices show that the "Coconut Tree Training Professional Manager School" publicly recruits professional managers, and the remuneration is good. The general manager has an annual salary of one million, a villa award, a dividend stock award, and a sea-view house award; the deputy general manager’s annual salary is 20-80% of the general manager’s annual salary, and bonus shares, sea-view houses and villas are awarded.
Although the reward is generous, the only noticeable thing is that the recruitment conditions mention the need to promise life-long service in the "coconut tree"-write a letter of commitment, promise to use the real estate as collateral, and leave the "coconut tree" to repay the property. The requirement to use real estate as collateral is to prevent the "coconut tree" from being used as a springboard, as a "gold-plated", and hopping after learning experience.
In addition, the Coconut Tree Group requires a commitment to achieve "two nos"-"loyalty and no selfishness, care for career and family."
Coconut Group Recruitment Conditions
This recruitment notice has also triggered extensive discussions on the Internet. As of press time, the topic of #禾樹樸求導創創動僳動者僳物業讓服务# has been on the hot search, with nearly 41 million views on Weibo.
Most netizens questioned that this recruitment of the Coconut Tree Group is suspected of violating the labor law, and companies should not recruit employees in the form of compulsory expropriation of real estate. Words such as "self-employed workers" and "selling contracts" are screened in the comment area.
"It’s illegal to require promises? Companies must also promise not to take the initiative to dismiss these people." Some netizens asked, "Isn’t this a contract? The top executives of the company are all people who don’t want families?" Some netizens pointed out this approach. Violation of labor law.
Reviews
A netizen raised three major questions: "At first glance, there are three major questions. First, if there is no real estate, what kind of mortgage? Second, it only explains the salary and treatment of the last general manager. Why did you not fill in the previous one? If the job offer is not good, don’t let people resign? The third is to care about career and family? Singles are better to say, married? This is the cradle of cultivating singles for life?"
Some netizens said, "If this kind of company is not big, always beware of employees running away. I won't go to this kind of company."
However, some netizens believe that Coco’s recruitment conditions are understandable. “According to the conditions, candidates are already highly paid talents with no fixed period. They have their own methods for how to take care of their careers and their families.”
Some netizens said that they can actually understand this approach. After all, they are afraid that employees will switch jobs.
Lawyer says coconut tree is suspected of violating labor law
So from a legal point of view, does the Coconut Tree Group require applicants' real estate mortgage and lifetime service against relevant legal regulations? Is it against humanity to mention "care for career and family" in the recruitment conditions? A reporter from China-Singapore Jingwei interviewed legal professionals to explain.
Yang Baoquan, a lawyer and senior partner of Beijing Bank of China Law Firm, said in an interview with a reporter from Sino-Singapore Jingwei, “This situation is indeed relatively rare. It is common in the market that some special positions such as accountants and financial managers require a Beijing account or It is in the form of a letter of guarantee, but it is rare for the Coconut Tree Group to request real estate as a mortgage."
Lawyer Yang Baoquan pointed out that from the perspective of labor contract law, the Coconut Tree Group must be suspected of breaking the law. As Article 9 of the Labor Contract Law clearly stipulates that when employing workers, employers shall not seize the workers’ resident ID cards and other certificates, and shall not require workers to provide guarantees or collect property from workers in other names.
At the same time, the Labor Contract Law also clarifies the punishment rules for this type of behavior. Article 84 stipulates: If the employer violates the provisions of this law and seizes the employee’s resident ID card and other documents, the labor administrative department shall order the employee to return it within a time limit. And be punished in accordance with relevant laws and regulations.
If the employer violates the provisions of this law and collects property from the employee in the name of guarantee or other name, the labor administrative department shall order the employee to be returned within a time limit and impose a fine of 500 yuan to 2,000 yuan per person; causing damage to the employee If it is found, it shall be liable for compensation. Where the laborer terminates or terminates the labor contract in accordance with the law, and the employer seizes the laborer's files or other items, it shall be punished in accordance with the provisions of the preceding paragraph.
"Although the penalties stipulated by the law are not severe, the employment regulations of coconut trees are definitely not in compliance with the regulations. Essentially, the relationship between professional managers and units is a labor relationship attribute." Yang Baoquan said.
Source of data: Coconut Group's official website
As for whether the coconut tree will be punished for it? Attorney Yang Baoquan told the Sino-Singapore Jingwei client that, generally speaking, "people do not report officials and do not investigate." If no one complains, no one reports, and there is no supervision and intervention by the labor department, the company may act in accordance with the rules. In the event of labor disputes, such as when an employee signs a labor commitment but resigns midway, and faces the unit's right to deduct the house, the employee will take legal measures. After the law intervenes, the company will definitely make the company bear the corresponding responsibility.
Zhao Zhanzhu, a lawyer at Beijing Zhilin Law Firm, told a reporter from Sino-Singapore Jingwei that the essence of using real estate to repay is to use real estate to offset liquidated damages. However, according to the provisions of the Labor Contract Law, the employer can only agree to pay liquidated damages under two circumstances. One is that it violates the obligation of non-competition, and the other is that the employer provides special training fees for employees. The service period is agreed upon. If the employer violates the service period agreement, the employer shall pay liquidated damages to the employer in accordance with the contract. The amount of liquidated damages shall not exceed the training expenses provided by the employer. The liquidated damages required by the employer to be paid by the employee shall not exceed the training expenses that should be allocated for the unfulfilled portion of the service period.
"If the Coconut Tree Group does not provide special training to the job seeker after entering the job, it cannot agree to require life-long service. Even if the special training is carried out, the service period can be agreed, and the property value as a liquidated damage is likely to exceed the total training cost. Moreover, the liquidated damages required by the employer to be paid by the employee shall not exceed the training expenses that should be allocated for the unfulfilled part of the service period." Zhao Zhanzhan said.
In addition, a reporter from Sino-Singapore Jingwei called the Public Relations Department of Coconut Tree Group on the morning of the 20th, and the group leader decided whether to reply after the other party requested to send the interview outline. But as of press time, the reporter has not received a reply.
Have you ever drank coconut palm juice? Have you seen any strange recruitment requirements? (Zhongxin Jingwei APP)