@工作者技术者支持指失选择着“灯”

　　At the end of the year and the beginning of the year, many workers began to plan for the new year's work, and the number of visits to Internet recruitment websites also began to increase.

Are the promises of "guaranteed employment" and "high-paying employment" credible?

"The salary was not paid, and a bunch of 'miscellaneous expenses' were paid first." Is this thing reliable?

What should I do if the salary amount on the job advertisement is different from the real salary?

Recently, the Beijing No. 2 Intermediate People's Court issued a typical case to remind workers to be careful when applying for jobs.

　　Pre-job training becomes "training loan"

　　Xu used a software company and an information company he operated to fabricate the fact of recruiting employees, posted recruitment information on multiple Internet recruitment websites, actively invited job applicants for interviews, falsely promised high salaries, and then proposed the need for pre-job training. Job seekers sign a training agreement and receive training fees.

Using job security as a bait, Xu used the means of signing training and placement agreements to trick applicants into taking out loans to participate in paid training at his company, defrauding applicants of more than 6 million yuan in loans.

Xu was sentenced to 12 years in prison by the court for contract fraud.

　　In practice, individual lawbreakers have fabricated recruitment facts through corporate operations and the adoption of the "recruitment-to-training" model to trick workers into taking loans to participate in so-called training, and trick job seekers into paying handling fees, training fees, liquidated damages, and other fees.

The judge reminded that workers should rationally treat the promises made by employers during the recruitment process, and treat all kinds of "training loans" with caution.

After discovering that you have been cheated, you should call the police as soon as possible and protect your legitimate rights and interests through legal channels.

　　Pay before starting work

　　From May to July 2019, Qiu, together with Liu, Zhang and others, rented an office in a building in Fengtai District, Beijing, and published false recruitment information in the name of "a certain group" through a recruitment website to lure applicants into the company Interviews, signing labor contracts during the probationary period, and setting up examinations, assessments and other links to "swipe people" to defraud applicants of more than 80,000 yuan of money by collecting training fees, clothing fees, access card fees, liquidated damages, cigarette money, etc. .

For the purpose of illegal possession, Qiu and others defrauded other people's property many times by means of false recruitment.

　　Article 9 of the Labor Contract Law stipulates that when an employer recruits a worker, it shall not detain the worker's resident ID card and other documents, and shall not require the worker to provide a guarantee or collect property from the worker in other names.

Article 84 stipulates that if an employer violates the provisions of this law by collecting property from an employee in the name of guarantee or in other names, the labor administrative department shall order it to return it to the employee within a time limit and impose a fine of not less than 500 yuan but not more than 2,000 yuan per person. Fines; if damage is caused to workers, they shall be liable for compensation.

　　In practice, some employers collect a certain amount of money or property from laborers in various names, which damages the legitimate rights and interests of laborers.

The judge reminded that workers need to keep their eyes open, bravely say "no" to the behavior of employers who charge fees under false names, and can complain to the human resources and social security department.

In the event of lawbreakers defrauding property through false recruitment for the purpose of illegal possession, they should promptly report to the public security organ.

　　Job advertisements are not equal to labor contracts

　　Yang joined a petrochemical company on September 2, 2019, during which a petrochemical company did not pay social insurance for Yang.

On March 11, 2020, Yang resigned on the grounds that a petrochemical company failed to pay social insurance and failed to pay labor remuneration in full and on time.

Yang applied for labor arbitration, requiring a petrochemical company to pay the difference in labor remuneration of 37,800.95 yuan, and the economic compensation of 10,400.47 yuan that should be paid for the termination of the labor contract.

After the labor arbitration department supported his claim, Yang refused to accept the lawsuit and brought it to the court.

　　The focus of dispute between the two parties was Yang's monthly salary.

A petrochemical company submitted a labor contract on September 2, 2019, in which the monthly salary was agreed to be 3,500 yuan. Yang did not recognize the authenticity of the labor contract, claiming that the monthly salary was 8,500 yuan, and submitted the original recruitment brochure and website screenshots to confirm.

A petrochemical company does not recognize the authenticity of the above evidence, and believes that there is no official seal of the employer and the signature of the relevant person in charge, which is unilateral evidence, and the salary and treatment should be in accordance with the labor contract between the two parties.

　　After trial, the court held that the labor contract involved was affixed with the official seal of a petrochemical company and had Yang's signature and fingerprint.

The court explained that Yang did not apply for handwriting identification, nor did he provide evidence to prove that the contract was fraudulent.

The recruitment advertisement of the employer is only an invitation in law and does not have the legal effect of a labor contract. Therefore, Yang claimed to calculate the wage difference and economic compensation based on the monthly salary of 8,500 yuan, but the court did not support it.

The court finally ordered a petrochemical company to pay Yang the economic compensation for terminating the labor contract according to the standard of 3,500 yuan.

　　Article 473 of the Civil Code stipulates that an invitation to make an offer is an expression of intention to hope that others will make an offer to you.

Auction announcements, tender announcements, prospectuses, bond offering methods, fund prospectuses, commercial advertisements and publicity, and sent price lists are invitations to tender.

Commercial advertisements and publicity, etc. are invitations to treat.

If its content meets the conditions of an offer, it may constitute an offer.

　　According to the judge, if workers want the employer to fulfill the promise in the recruitment advertisement, they should require the employer to write the contents of the recruitment advertisement into the labor contract so as to provide the corresponding basis for rights protection.

During the performance of the labor contract, workers should pay attention to matters involving their own major interests, such as salary payment and social security payment, whether they are consistent with the original promise of the employer. If they are inconsistent, they should negotiate with the employer in a timely manner, and pay attention to preserving relevant evidence. Timely protection of rights.

　　Zhou Qian