Graduates who struggle to find jobs are not safe. In the talent market with unbalanced supply and demand, the cost of breaking the contract is as low as only one month's salary. Is it true that the enterprise can only survive without layoffs and breach of contract? Before graduation, Li Yang, who enrolled in the first school of ideal automobile, was given the "first social lesson". The name of this lesson is "embracing change".
"Ideal" and "reality"
Thousands of troops crossed the single wooden bridge and entered the famous school for postgraduate study. In the autumn of 2021, they received the "olive branch" of the ideal car of the new car making force. Among the 10.76 million college graduates in 2022, Li Yang and Zhou Chang are undoubtedly lucky.
Last November, ideal came to Li Yang's school for enrollment. After the interview and comparison, Li Yang believed that the development prospect of the new energy vehicle industry was good, coupled with the car manufacturing boom of major companies, he signed a tripartite agreement with the ideal car, and then devoted himself to the graduation design and thesis.
I thought I could go to work after graduation, but soon, all Li Yang's plans for the future were disrupted on May 11. That afternoon, he received the email of ideal job transfer interview.
Figure | e-mail of ideal termination fresh students
At 2:00 p.m. on May 11, Zhou Chang also received a call from ideal car to tell him about the termination of the contract and compensate for one month's salary.
Their hearts sank to the bottom, "the agreement in black and white, the enterprise said to tear it up.". They have lost their jobs before entering the job. The loss caused to them by this class cannot be estimated.
The tripartite agreement is the abbreviation of the employment agreement for graduates and graduate students of ordinary colleges and universities. It is a written form to clarify the rights and obligations of graduates, employers and schools in the employment of graduates. It can solve a series of related problems such as registered residence, archives, insurance, provident fund and so on.
Li Yang initially interviewed for the ideal position of big data development of enterprise system. Since his undergraduate, his major has been related to data development. For him, this position is quite matched with himself. "I have studied this major for seven years. It's a little difficult to transfer. Now it's hard for me to take another post." He said.
In Li Yang's view, the job transfer interview "intuitive feeling is fooling" and "layoffs in disguise".
"The interview will be held in the morning and in the afternoon without any post JD, and the interview process will follow the process. It is called job transfer, and it specially selects the wrong post, transferring Java students to graphic development and machine learning, and transferring big data students to Java development and embedded development, which is actually a malicious breach of contract." He said angrily.
In the interview group of the enterprise system on the same day, many school recruiters like Li Yang talked about the job transfer interview of the ideal car.
Figure | ideal enterprise system interview group
It's no surprise to rush through the process.
On the afternoon of May 16, Li Yang received a phone call from ideal automobile. The content was very simple: the job transfer interview failed, and the company was going through the termination process to compensate for one month's salary.
"How much I expected at the beginning, how disappointed I am now." Zhou Chang recalled that during the interview last year, he "bet" on the ideal car and signed three parties. There was half a year between getting the offer and being suddenly terminated. Why did he give "this knife" at the end? Earlier, he can have some psychological preparation, and he can also see other opportunities. However, if he suddenly breaks his promise, he will not only deal with the graduation defense, but also find a job again.
According to the survey report on the employability of 2022 college students released by Zhilian recruitment on April 26, only 15.4% of fresh graduates signed up to find a suitable job, down from 18.3% last year.
These graduates know very well that at this time, the school recruitment window has passed, and there are few good job opportunities left.
A state-owned enterprise HR said that the termination of the tripartite agreement can go back to the school and change another one (each person can only change once, which is very troublesome), which will not affect the identity of fresh graduates. Generally speaking, the status of fresh graduates will be cancelled only if they have been employed and the enterprise has paid social security.
The biggest impact of losing the identity of fresh students is to settle down. In Beijing, the possibility of non fresh students settling down is very small
However, the spring and autumn recruitment of 2022 has passed. Hr of Huawei and Tencent told phoenix.com that since July, many large factories will start the autumn recruitment of 2023. Due to the limitation of graduation time, they will not recruit 2022 again. The same is true for state-owned enterprises and central enterprises. If they can no longer participate in school recruitment, they can no longer settle down
The cost of enterprise dishonesty is as low as only one month's salary
"Dao Zu" and "fish meat"
The tacit understanding of the Internet industry that "try to understand the appointment of school enrollment" has been broken again and again. Meituan, Baidu, Xiaomi, youzan, ideal, Kuangshi and Shunfeng have been successively exposed to the breach of contract by school enrollment
The news of Xiaopeng's layoff almost came at the same time as Weihe's ideal car. According to Caijing magazine, a fresh student who had previously received an offer from Xiaopeng automobile agreed to join Xiaopeng automobile in February this year last year, but the human resources department has been procrastinating on the grounds of internal adjustment after the Spring Festival. After he gave up his job in other companies, he received a notice of termination from Xiaopeng automobile in April.
College students are the largest first-time employment group in China, but the market situation where supply far exceeds demand puts them in a very weak position. How can they protect their employment rights when they find their first job in life? Is the cost of breaking the contract too low? Can they borrow legal weapons to protect their rights and interests as much as possible? The four lawyers interviewed by Phoenix New Horizon expressed the same helplessness
It is not illegal for enterprises to give corresponding compensation after layoffs.
Fu Yong, senior partner of Beijing Dacheng Law Firm, told fenghuang.com technology that the offer (entry notice) is an offer in legal nature and represents the employer's intention to establish labor relations with the applicant. After the applicant confirms to accept the offer, the employer shall not revoke it without authorization. If the employer fails to comply with the entry notice, it shall bear the liability for the fault in signing the labor contract without signing the labor contract
However, strictly speaking, as fresh graduates have not yet established labor relations with employers, the cancellation of employment notice by employers does not belong to layoffs (termination of labor contract) in the sense of labor law.
Chen Wenming, director of Zhejiang Xiaode law firm, told Phoenix New Horizons: If fresh students are dismissed before they enter the job, it does not belong to the situation that the law stipulates that the unit can legally terminate the labor contract, and the unit should pay workers compensation; The compensation is calculated as twice the labor compensation, while the labor compensation for less than half a year is half a month's salary. Therefore, in this case, it is reasonable for the unit to pay one month's salary as compensation.
But for fresh students, the termination of the contract at this time has missed the best time for spring moves. How should this part of the loss be calculated?
Zhao Zhanzhan, a well-known IT and intellectual property lawyer, said: "because employers cause fresh graduates to miss other job opportunities and bring opportunity losses to fresh graduates, they should compensate fresh graduates for the losses incurred. But this behavior is not called layoffs and does not apply to the standard of N, N + 1 or 2n. Instead, fresh graduates usually need to prove their losses by themselves, and the losses are usually difficult to prove."**
Chen Wenming suggested that in order to better protect their rights and interests, fresh students should make a deep investigation of the enterprise they apply for before signing the tripartite agreement, and also understand the work situation from HR during the interview. If it is determined to sign a tripartite agreement, the liquidated damages and other matters shall be clearly agreed in the agreement. In case of labor disputes in the future, these are the judgment basis of labor disputes. If the employer terminates the contract without reason, the graduates have the right to require the other party to perform the employment agreement, otherwise they shall be liable for breach of contract.
Phoenix New Vision contacted the employment offices of colleges and universities such as Tsinghua University, Beijing Normal University and Renmin University of China, and the other party declined the interview demand.
"If the school can act as a role in safeguarding the rights and interests of its students, I think it is very good and can boost morale. But the school has school concerns. After all, the school like Tsinghua University and Peking University has the confidence to break the contract and directly recruit blacklists next time, but many schools, if you say you don't let me recruit, then I won't come. The school should also consider the employment rate." Weibo workplace big V Wang Luobei told phoenix new horizons.
On the whole, there is no solution at the legal level, school level and social level.
Enterprise credit and crisis
A senior HR said that school recruitment is equivalent to a business card of an enterprise. It can not only expand cost-effective and excellent fresh blood for the enterprise, but also establish a good employer brand and corporate image in the eyes of junior students, and widely attract talents, so as to lay a foundation for talent competition in the future.
The damage to school recruitment is not only the dignity of the enterprise, but also the reputation of the enterprise. It also means that the enterprise may lose the attraction of excellent talents "After all, being able to break through all levels and get an offer itself means the recognition of the enterprise. Breaking the contract at any time will do great harm to the confidence of excellent talents.".
Wang Luobei believes that the essential reason for the breach of enrollment is that the current business development of enterprises has indeed been challenged "On the surface, many enterprises are not difficult to operate. However, enterprises need to go to sub sectors for cost accounting and cost control."
As for job transfer training, Wang Luobei believes that it is basically difficult to have room for job transfer if the contract is broken temporarily
Theoretically, if other departments do have demand, they can transfer jobs, but enterprise recruitment actually belongs to saturation recruitment. There is a hard window period, and all departments recruit in the window period at the same time. In rare cases, there are other departments that are not full.
In the long run, this behavior is an injury to the trust of enterprises, but compared with survival, corporate social responsibility, morality, credit and image are less important
Wang Luobei believes that every enterprise, which ranks first, must be a shareholder. It must give priority to ensuring the confidence of investors, then consumers, and then employees. Its own priority is relatively low
In Wang Luobei's view, this matter is an inevitable result. When the market environment is bad, all enterprises are considering survival and preparing for the worst.
"More than 10 million fresh students, the top group of Tsinghua University and Peking University, how can they find jobs? Those at the bottom can go to local urban and rural enterprises to do work with a monthly salary of four or five thousand. in fact, the graduates in Central China who need to wake up most are those who can't reach them at the top and are unwilling at the bottom. In fact, they are a group of people who should wake up."**
Wang Luobei believes that the transformation of mentality is the most difficult. Because everyone's expectation that the economy will continue to get better. If you enter a good school, you can find a good job and earn a lot of money if you have a decent job. At least a stable expectation for more than a decade has been broken.
"Miserable" or "rotten"
An Internet observer and senior employee of shell looking for a house told phoenix new vision that many enterprises, including shell, Baidu and Xiaomi, are now "selling miserable" layoffs and destroying school recruitment, but in fact, their cash flow and operation are far from difficult
"Didi has no way to innovate. The whole track of online education and community group purchase is equivalent to stopping. These enterprises are helpless, but many other enterprises have abundant cash flow and can support it again. They don't need layoffs at all, especially cutting school enrollment, which is worse than ."
"The new energy vehicles, great health and automatic driving with fierce growth momentum can even be said to be one of the best fields at present, but Kexing and ideal cars still have the short-sighted behavior of stepping down the mill and killing the donkey and destroying the school." He said.
In response to the breach of contract school enrollment, ideal automobile explained to phoenix new vision that some posts were closed due to business adjustment, involving the enrollment of some schools that have not joined this year. It has provided a scheme for post transfer selection and termination compensation, and is communicating with relevant students. Students who do not have suitable positions will be compensated for one month's salary.
However, the layoffs of ideal automobile are not caused by the company's operating difficulties According to the financial report, ideal automobile achieved a revenue of 9.56 billion yuan in the first quarter of 2022, with a year-on-year increase of 167.5%, and its operating cash flow was 1.83 billion yuan, with a year-on-year increase of 98.0%, the operating cash flow was positive for eight consecutive quarters; The cash reserve reached 51.19 billion yuan**
The shells that keep "slimming down" before listing are not really out of money According to shell's annual report, the revenue in 2021 was 80.752 billion yuan, a year-on-year increase of 14.6%. The new housing business contributed 37.938 billion yuan and 46.472 billion yuan to shell in fiscal 2020 and 2021 respectively.
Cash flow is abundant and revenue is not bad, but the fat is the pockets of executives.
According to the 2020 executive salary list released by titanium media, Xiaopeng automobile, as an automobile enterprise and technology company, the total annual salary of executives last year reached 440 million, exceeding Ali's 301 million yuan. The total annual salary of the eight directors disclosed is 6.8 times that of the ideal car of the same industry.
The two directors of ideal automobile are also listed in the top 50 of personal annual salary, and Shen Yanan, the co-founder and President of ideal automobile, has an annual salary of 36 million. Ideal car CFO Li Tie's annual salary is 26 million.
Companies and executives who are not on the list do not necessarily indicate that their salaries are not high. For example, Xiaomi did not disclose the annual salary of Lei Jun and other executives, but according to the financial report, the annual salary of three people in the company is between HK $59.5 million and HK $99.5 million; According to the financial report of Lenovo Group, one of the five highest paid people paid more than 194 million yuan, but the financial report did not disclose his specific name, at least indicating that Yang Yuanqing with an annual salary of 167 million yuan is not the person with the highest annual salary of Lenovo.
In the enterprise's "de fattening and slimming" action, it still needs to wait for time to test whether it is fat or thin