Chinanews.com client, Beijing, February 24 (Peng Ningling) For many "North Drifters", it is a dream to be able to settle down in Beijing. After all, there are too many elements of settlement involved behind a paper account.
Therefore, in the job market in Beijing, "settlement" has always been absolutely attractive to job seekers.
However, in recent years, incidents such as "employees leave after they have obtained their hukou" and "compensation by the company for resignation after settled down" have occurred constantly. Some people have gone to court, while others have chosen to settle them silently with high compensation.
So, in large cities, is it reasonable for companies to set up liquidated damages?
What should I do if the "high-end talents" recruited by the account are not trustworthy?
Data map: A job fair held in Beijing in December 2017.
Photo by China News Agency reporter Hou Yu
"Buying an account in disguise?"
Employee sentenced to compensation of 100,000 for resignation after 2 months after settled in Beijing
Recently, #爱奇艺Employees settled in Beijing and resigned and were sued # on the topic list.
According to information from the Judgment Document Network, on July 18, 2018, employee Peng joined iQiyi as a research and development engineer. The two parties signed a three-year labor contract.
Before joining the company, the two parties also signed the "Non-Beijing Employees Settlement Agreement": Party B (Peng) voluntarily promised to work for Party A (iqiyi) for 5 years without interruption.
If Party B resigns and does not agree to renew the labor contract during the service period, Party B voluntarily promises to pay compensation to Party A in accordance with the principle of honesty and trustworthiness. The compensation standard is RMB 50,000 multiplied by the number of years of service. Monthly calculation.
In December 2019, Peng's household registration procedures were completed by iQiyi Company. On February 28, 2020, Peng proposed to resign for personal reasons. On March 27, both parties terminated the labor relationship.
Before leaving the job, Peng's monthly pre-tax salary was 28,500 yuan + 500 yuan in subsidy. Iqiyi believes that the actual loss caused by Peng's resignation to the company far exceeds the agreed amount, and Peng is required to compensate 166,000 yuan for economic losses.
Peng argued that iQiyi did not provide him with more opportunities for promotion, because he was asked to resign due to unfair treatment by the company and had nothing to do with completing the settlement procedures.
The People's Court of Haidian District of Beijing found that Peng knew that the five-year service period was stipulated in the agreement signed by him, and he resigned two months after completing the formalities of household registration and entry into Beijing. This violated the principle of good faith and made a discretionary order in the first instance. Peng should compensate iQiyi Company for the loss of 100,000 yuan.
Both Peng and iQiyi appealed against the judgment of the first instance.
On January 29, 2021, Beijing No. 1 Intermediate People's Court upheld the original judgment in the second instance.
This news sparked intense discussion among netizens:
"Our company also has it. He left the company as soon as the company settled down. The boss is invincible and depressed."
"When you settle down and resign, isn't it tantamount to cheating? Buying an account for 100,000 will have more of this in the future."
"Buy an account in disguise! There should be relevant laws to make a fair judgment on this!"
"Should be included in the list of dishonest people!"
Data map: July 4, 2020, Taiyuan, Shanxi, job seekers looking for jobs at the venue.
Photo by China News Agency reporter Wu Junjie
Sweet pastry in the job market: "Scarce Resources" Beijing Hukou
Is it a job hunting strategy to leave after you settle down?
From the comments of some netizens, it can be seen that incidents like "settling down and leaving the job" are not uncommon.
Searching through the Judgment Documents Network for cases with the keywords of "2020, Beijing, settlement, resignation, labor dispute", we can find more than 30 relevant legal documents.
Among them, there are 10 first-instance case documents that directly involve settlement disputes at the time of resignation.
In many adjudication cases, companies claim that “Beijing Hukou is socially scarce” and demand compensation from employees.
For foreigners who come to Beijing to work hard, Beijing Hukou is indeed a veritable “scarce resource”.
In August 2020, the Beijing Municipal Bureau of Human Resources and Social Security announced that in 2020, a total of 122,852 people in Beijing submitted online applications for settlement of points. In this year, the Beijing Municipal Bureau of Human Resources and Social Security announced that only 6032 people would qualify for settlement.
"Buying a house, children going to school, retirement pension, pension benefits... To take root in a big city, hukou is still very important." Sun Lin graduated from the Department of Economics of Zhejiang University. When she graduated in 2017 to find a job, she worked in several securities companies and Among the olive branches extended by the bank, Sun Lin chose to work as a managerial trainee at a bank in Beijing, provided that the account was granted here.
Sun Lin said that this bank is not the best in terms of salary. After joining the company, he will go wherever he needs it.
"But considering that the first job is not settled, it will be difficult to settle in Beijing in the future, so I chose here."
For many job seekers, in reality, hukou and career choices are inseparable. In Beijing, where “a household is hard to find,” temporarily living under the fence for hukou seems to have become a strategy.
Zhou Hua, who has been engaged in human resources work in Beijing for many years, has met with many job seekers who choose to settle down as the top priority.
He said that there are very few units that can provide places to settle in Beijing. Generally speaking, in the entry offer or contract, the unit will directly tell the job applicant that they need to serve at the unit for at least 5 years or more and agree on liquidated damages or compensation. gold.
The amount of default is generally linked to the employee's position, salary, and years of unservice.
Zhou Hua said that considering that going to court will cause employees to leave a “criminal record”, affect their integrity, and even directly affect their next job, some employees would rather bear high compensation than litigation.
In Zhou Hua's impression, there was a Changsha girl who joined a company affiliated to a Beijing university and research institute and chose to quit one year later. The compensation was as high as 750,000 yuan.
Before that, Sun Lin also had a colleague who had obtained a household registration and left early, and chose to directly pay the company tens of thousands of yuan in accordance with the contract.
"Because companies may pay more for this, in recent years, companies that can provide hukou have become more cautious in recruiting." Zhou Hua said.
Data map: 2016 Beijing-Tianjin-Hebei (Hebei) Talent Exchange Conference.
Photo by China News Agency reporter Zhai Yujia
In principle, the agreement on "Settlement Liquidated Damages" is invalid
It’s hard to get an account, but employees should abide by integrity
It is worth noting that in the dispute between Peng and iQiyi, the Haidian District People's Court of Beijing did not support the company and its employees in handling the liquidated damages agreed upon by the city's registered permanent residence.
Article 25 of the "Labor Contract Law of the People's Republic of China" stipulates: "Except for the circumstances specified in Article 22 and Article 23 of this Law, the employer shall not agree with the worker that the worker shall bear the liquidated damages." Among them, Articles 22 and 23 What the article stipulates is that employers provide employees with special training, keep the employer's business secrets and confidential matters related to intellectual property rights.
That is to say, from a legal point of view, the agreement on "liquidated damages for settlement" is not recognized.
In many cases, the liquidated damages agreed upon by the company and employees for settlement have not been recognized by the court.
"From the perspective of the direction of refereeing guided by the relevant meeting minutes issued by the Labor Contract Law and the Supreme Law last year, only stipulating liquidated damages on settlement issues violates the mandatory provisions of the law." Director of Beijing Dexiang Law Firm, Beijing Law An Xiang, deputy director of the Civil Law Committee of the Association, told Chinanews.com.
But at the same time, considering that some employees tried to obtain a hukou in the name of the unit’s entry quota at the beginning, and then immediately broke the contract, in judicial practice, the violation of honesty and credibility by the employee will not be recognized. Fraud, if the judicial system does not deal with it, will have the effect of assisting the abuse." An Xiang said.
Therefore, in the dispute between Peng and iQiyi, the Beijing Haidian District People’s Court and the Beijing No. 1 Intermediate People’s Court all ruled that Peng had violated the principle of good faith, combined with the actual situation of his under-contracted working years and the reasons. His resignation has caused certain losses to the company in terms of talent introduction and recruitment of people in the same position, and caused the company’s labor and expenses for the settlement procedures to fail to achieve its goals. It was determined that Peng should compensate the company for losses of 100,000 yuan.
In response to netizens’ opinions that “disguised trading” should be cracked down, experts said that if the law cannot match the cost of illegality with its benefits, and make the cost of illegality higher than the benefits derived from illegal activities, it is obviously not conducive to social management.
"We should move towards further cracking down on such violations of honesty and credibility, and there should be clearer judgment standards, such as the Supreme Law setting a unified standard, rather than just handing it over to the judge to resolve it on a case-by-case basis." An Xiang said.
(At the request of the interviewee, some of the names in the text are aliases) (End)