Our reporter Yan Yujing, Wu Maohui, Jie Wenjin
A few days ago, Hainan Coconut Tree Group Co., Ltd. released the recruitment information, in which content such as "requires commitment to life-long service and mortgage of real estate", "care for career and family" has attracted social attention. On the 20th, the Coconut Tree Group issued a statement of apology for the content of the recruitment information. The Labor Security Supervision Bureau of the Department of Human Resources and Social Security of Hainan Province stated that part of the recruitment information violated the labor contract law.
▲The gate of Coconut Tree Group. Photo courtesy of respondents
As a well-known large company, why does the Coconut Tree Group put forward clearly illegal conditions in its open recruitment? How did a job posting with obviously illegal content get on the official information release platform of the provincial human resources market? Does the group have other labor violations? Is "detaining property and retaining people" and "996-style overtime" really beneficial to business development? Our reporter launched an investigation.
Chairman of Coconut Tree Group: I also mortgaged the property
"It can be said that corporate executives do this." Zhao Bo, chairman of the Coconut Tree Group, told reporters that he had taken the initiative to mortgage the real estate when he was competing for the general manager. He believes that this can "put pressure on myself and give myself motivation", which is good for personal and corporate growth.
According to public information, Coconut Tree Group ranked fifth in the 2019 Hainan Top 100 Private Enterprises List with a revenue of 3.916 billion yuan. It is a well-known natural plant protein beverage manufacturer in China with 7,000 employees.
Zhao Bo told reporters that the recruitment conditions of "Promise of Lifetime Service and Mortgage Real Estate" which were determined to be illegal this time were only for senior executive positions, and the original intention was to avoid the company's high-cost training of executives from quitting.
"The cost of training an executive in 16 years is about 3.3 million to 3.5 million yuan. We have more than 30 years of rich experience and lessons, and we don't want to introduce talents to use this as a gilded platform." Zhao Bo also said. , The group currently does not have the problem of brain drain.
Regarding the statement that “employment mortgages on real estate” is voluntary by corporate executives, Lin Jia, director of the Institute of Labor Law and Social Security Law of Renmin University of China, said that the labor law clearly stipulates that employers must not require employees to provide guarantees or use other names. , Asking for property from workers. If this regulation is violated, the labor administrative department should order them to make corrections or administrative penalties. "This is not to say that anyone can do things voluntarily."
Su Hainan, a special researcher of the Chinese Society of Labor, suggested that the labor inspection department coordinate the Coco Group to provide recruitment and employment systems in recent years, including those that are still in operation, to examine whether there are any illegal content, and actively help correct deviations.
The Labor Security Supervision Bureau of the Department of Human Resources and Social Security of Hainan Province stated that it has instructed relevant departments to strengthen policy and legal publicity training for the Coconut Group, and urge it to legally recruit and hire workers in accordance with the law.
"The business environment for Hainan to build a free trade port is very important"
The reporter's investigation found that the recruitment information that clearly contained illegal content was released on the official information platform of the provincial human resources market, which was related to the indifference of corporate legal awareness and the lax platform management mechanism.
The reporter learned from the relevant person in charge of the Coconut Tree Group that the recruitment information, which the group attaches great importance to, "only passed the personnel department and not the legal department" and "there are some shortcomings."
The reporter noticed that the group's operation and management behaviors had repeatedly caused illegal risks. In 2015, the company forcibly seized the real estate certificates owned by nearly 1,000 employees. Some employees reported that this behavior was related to the company's "retention". Under the pressure of public opinion, the enterprise returned the real estate certificate to the employees.
In recent years, the Coconut Tree Group has been punished by law enforcement agencies for issuing bad advertisements.
In February 2019, the Coconut Coconut Juice ad copy classified the product as a "breast enhancement artifact", which was widely questioned. On March 27 of the same year, the Coconut Tree Group Hainan Coconut Juice Beverage Co., Ltd. was fined 200,000 yuan by the supervisory authority for illegal acts that hindered public order or violated good social customs. In addition, the reporter also retrieved from the Chinese Judgment Documents website that the company was involved in many labor disputes.
Hainan Human Resources Market Co., Ltd., the main enterprise of the "Hainan Direct Appointment" WeChat public account, was originally under the management of the Hainan Human Resources Development Bureau. In May of this year, the company launched a recruitment information release cooperation with the Coconut Tree Group, and the "Hainan Direct Employment" WeChat public account issued a recruitment advertisement for the group. The reporter learned from the Coconut Tree Group that when the "Hainan Direct Employment" released the recruitment information, it did not report any illegal content to the company.
The main person in charge of Hainan Human Resources Market Co., Ltd. told reporters that the platform's release of illegal advertisements was caused by the lax content review process. The illegal advertisements have been deleted, and strict management of the release of exports is required to prevent similar incidents from recurring, and to the employees involved. Accountability.
Su Hainan suggested that the regulatory authorities conduct a back-check on the platform information to find out whether such problems still exist. In addition, such platforms are also reminded to conduct self-examination to eliminate risks.
"The quality of the business environment depends largely on whether the legal environment is sound." Lin Jia said that if a well-known company is repeatedly involved in illegal incidents, it may reflect the lack of sound local legal environment. "Hainan builds a free trade port , The business environment is very important."
Does "detaining property owners" and "996 overtime" benefit the development of enterprises?
A number of experts told reporters that this incident of illegal recruitment information by Coconut Tree Group is not an isolated case. "Detaining real estate talents" and "996 is a good news" are the same as saying that they overemphasize corporate interests, which reflects to a certain extent. Some large enterprises have unhealthy tendencies in their human resource policies.
Lin Jia said that large enterprises are likely to occupy a relatively dominant position in the labor market, but the concessions of workers should not break the legal bottom line. She suggested that the labor inspection department should appropriately intervene in corporate behavior in accordance with relevant laws.
Su Hainan believes that it is understandable that some middle-level and high-level workers voluntarily dedicate themselves to the company and realize their personal value. However, if corporate leaders secretly operate through cultural atmosphere and systems, employees are forced to accept illegal employment methods such as "996 jobs" and "detention of real estate". , That is to bear legal responsibility.
He suggested that the trade unions of major companies should actively understand the problems of corporate human resource policies from the perspective of safeguarding the legitimate rights and interests of workers, assist companies in correcting errors, and reduce the risks of violations in production, operation and implementation of human resource management.
Fu Jingtao, an associate professor at the School of Management of Hainan University, said that the allocation of human resources by the market is the meaning of the socialist market economy, which is conducive to improving the competitiveness of the talent market and improving the efficiency of business operations. To solve the problem of employee loyalty, enterprises can retain employees through treatment, career, emotion, etc., or establish contract constraints in accordance with the law.
Fu Jingtao reminded that if Hainan is to achieve the major goal of building a free trade port, it is very important to guide local large enterprises to establish the correct concept of talent flow, otherwise it may have a negative impact on the corporate image, talent attraction, and competitiveness of the entire region.
The Labor Security Supervision Bureau of the Department of Human Resources and Social Security of Hainan Province reminded that when recruiting, companies should set recruitment conditions in strict accordance with labor laws and regulations to ensure that the information is true, legal and effective.
Employment in accordance with the law is the cornerstone of building a harmonious labor relationship. Prior to this, the relevant person in charge of the Ministry of Human Resources and Social Security has stated many times that enterprises should take overall planning and consideration to promote their own development and safeguard the rights and interests of employees, and take into account the current and long-term interests of employees, and strive to promote mutual benefit and win-win results for the enterprise and employees.
(Participating reporter: Jiang Lin)