Approaching the graduation season, many companies were exposed to unilaterally breaking their contracts and persuading them to withdraw from the Ministry's branch schools in disguise. These companies unilaterally defaulted on the grounds of business adjustment and job abolition, resulting in some fresh students missing the golden recruitment period. Enterprises do not need or only need to pay a small amount of compensation, which has affected the stability of the talent market to a certain extent. How to protect the rights and interests of fresh graduates? Who will promote the implementation of corporate social responsibility?
Dilemma: unemployment before graduation
Recently, Xiaopeng automobile was revealed to have broken the contract, resulting in more than 20 fresh students' unemployment before graduation. The incident triggered heated public debate. It was revealed that a senior student in Guangzhou had previously passed the school recruitment of Guangzhou Xiaopeng Automotive Technology Co., Ltd. and signed a tripartite agreement. However, not long ago, he was informed that the company could not provide jobs due to business adjustment. As far as he knows, there are more than 20 students who have also broken their contracts.
The reporter contacted one of the graduate students, Xiao Lin (a pseudonym). Xiao Lin told the reporter that she got offers from several companies last autumn and finally chose to sign a tripartite agreement with Xiao Peng automobile. However, after that, the company's personnel told her that due to the business adjustment, she needed to change her work city, and clearly told her on the phone that even if she obeyed the company's arrangement to change her work place, "the probability could not pass the probation period, and it is suggested to consider other opportunities".
It is understood that many people experienced similar experiences and were told by telephone that the work city had been adjusted. At the same time, the HR department emphasizes that the working hours are 9:00 a.m. and 11:00 p.m., and the employees must work overtime on weekends without overtime pay.
"In fact, it is to persuade students to quit. I hope students will take the initiative to break the contract. The personnel told me that if I break the contract on my own initiative, I will ask the company not to pursue my liquidated damages." Due to the lack of formal employment, Kobayashi has no actual economic losses, but the psychological pressure is particularly great. She said that she was likely to lose her job due to unilateral breach of contract and persuasion by enterprises. Even if you endure the temporary adjustment of the work city, you will also face the unstable state of separation from your lover in the future, which is difficult to accept emotionally.
The reporter found that "breaking the contract at the door" is not a case. The reasons why some companies break the contract focus on business adjustment, performance optimization and job abolition. Generally, they will pay several thousand yuan or one month's salary according to the tripartite agreement.
On the "pulse" of the Internet workplace social platform, many users who claimed to be students said that the enrollment of the university had been broken. In addition to Xiaopeng automobile, it also involved companies such as ideal automobile, Hello, JD, and mafengwo.
According to the screenshot information of the informant, "ideal automobile school recruitment" sent an email to some graduate schools in 2022 in May, saying, "due to the recent adjustment of the business structure of ideal automobile, a small number of students who have not yet joined the school recruitment will face the situation of offer termination." At the same time, he said that the company tried to transfer jobs for him, but there was no matching job.
The school recruiters who have broken the contract say that the enterprises will "persuade them to quit in disguise" in a variety of ways. For example, they will temporarily notify the time of job transfer interview, deliberately arrange jobs that do not match their majors, or even frankly say that their ability does not meet their job expectations during the interview.
Question: how can one compensate for it
At present, these fresh students have missed the golden period of autumn and spring recruitment. Now the school recruitment has basically ended, and they will face a more difficult employment dilemma. In the face of the sudden termination of the contract, some school recruiters said: "I refused other offers before. I don't know what else to do." "We have also made compensation for breaking the contract. There is a stain on morality. There is no problem in law. It is still the students who are difficult."
In response to the termination event, Xiaopeng automobile recently responded to the reporter that due to the post adjustment and performance optimization of some departments, involving the adjustment of a small number of fresh graduates and related employees, the company will continue to communicate and properly handle it. Since the beginning of 2021, the company has added more than 10000 new employees, including about 1600 new graduates who have joined the company and about 900 new graduates who are waiting to join the company. It is expected that they will be on duty in July this year.
It is reported that Xiaopeng automobile will continue to invest in strategic innovation business and continue to recruit employees including R & D, manufacturing, data, sales and service, etc. At the same time, fresh student recruitment is still the focus of the company's recruitment work, but it will control and adjust some non core businesses and middle and back office businesses.
The Guangdong People's social security department said that since the graduates signed an employment agreement with the enterprise, the two sides did not sign a labor contract, nor did they actually engage in employment, and did not violate the labor contract law, so it was difficult for the labor supervision and labor arbitration departments to intervene. This kind of breach of contract is usually claimed through civil action.
"Legal breach of contract" means that the enterprise needs to pay a low cost, but the contract is terminated near graduation, causing material and psychological damage to fresh students. The informant said that compared with the anxiety and employment dilemma faced after breaking the contract, the compensation of several thousand yuan was insignificant, and the work and life plans after graduation were disrupted.
The employment agreement was torn up near graduation, which undoubtedly exacerbated the pressure and cost of graduates' job hunting. The most direct impact is that it may lead to the expiration of the current student's identity, resulting in the change of the current graduate's identity when they apply for jobs. In the face of some new graduate positions, they may lose their competitive qualifications.
Appeal: multi-party protection network
This year, the number of college graduates in China exceeded 10 million for the first time, a record high. In the current employment situation, the society expects to attach importance to protecting the employment rights and interests of fresh students, improve the prevention and protection in advance, and strengthen the assistance after the event.
Fresh students themselves need to improve their job-hunting risk and legal awareness. Yangmanyu, a lawyer from Guangdong Qiyuan law firm, suggested that fresh students should take the initiative to improve their risk prevention awareness, learn about the qualifications, employment and judicial precedents of the applicant through multiple channels, carefully apply for jobs and sign tripartite agreements. In case of breach of contract, it shall also actively seek coordination with the unit and legally strive for compensation for the terminated losses. If the negotiation fails, it may safeguard its own rights and interests through litigation.
At the same time, schools should strengthen guidance, intervene and cooperate to safeguard their rights. The university should strictly review and regularly update the text of the employment agreement in order to safeguard the rights and interests of students and ensure the stability of work. At the same time, as a witness unit, the school can actively intervene to help students coordinate communication, understand relief ways, etc., and cooperate with students to safeguard their legitimate rights and interests.
In addition to legal responsibilities, enterprises also need to undertake certain social responsibilities. Yangmanyu suggested that enterprises take the initiative to initiate negotiations to reach an agreement. In addition to providing compensation for the terminated students' breach of contract, they can also provide some employment assistance according to the actual needs of fresh students, such as introducing to affiliated companies and industries. "In addition to the legal provisions and figures, the human resources department of the enterprise should be both professional and affectionate to reduce the negative impact of the incident on the society."
Employment is the greatest livelihood of the people. The state tries every means to stabilize employment, focusing on graduates. The general office of the State Council recently issued the notice on Further Doing a good job in the employment and Entrepreneurship of college graduates and other young people, which made it clear to expand the employment scale of enterprises, broaden the employment space at the grass-roots level, stabilize the job size of the public sector, strengthen employment guidance, and expand the scale of employment internships, so as to ensure and promote the employment of college graduates.
In order to avoid the repeated phenomenon of breaking the contract to recruit students, on the one hand, relevant departments need to effectively guide and restrict the recruitment of enterprises, so as to increase the default cost of enterprises; On the other hand, enterprises themselves should strengthen the scientificity and foresight of human resource planning, carefully formulate recruitment plans, and build and maintain benign long-term labor relations.