Recently, some netizens reported that as a fresh graduate, he signed a contract with Xiaopeng automobile last year, but this year he was about to graduate, but he was suddenly unilaterally broken by the other party. This time, more than 20 students were involved. As soon as the matter came out, it attracted extensive attention from netizens. The aforementioned netizen also said that he obtained the offer issued by Xiaopeng Automobile Technology Co., Ltd. through school recruitment last year, and then signed an employment agreement with the company.
Xiao Peng's car broke the contract
Signed a "tripartite agreement" is not insurance
However, in May this year, Xiaopeng automobile HR said that due to business adjustment, it could not provide jobs and provided 5000 yuan compensation for students. Like him, there are more than 20 students whose contracts have been broken, mainly at the end of May. The school recruitment channels are basically gone. Basically, everyone is ready to go to work, and many students who have been broken can't find jobs.
For Xiaopeng's breach of contract, netizens also have a heated discussion - "fresh graduates miss this school recruitment, and it's difficult to find a job. I have deeply experienced that" the signing of the tripartite agreement on Graduates' employment is to ensure the employment of graduates and restrict the three parties of graduates, schools and employers. Now the employer unilaterally breaches the contract, and then moves out of the tripartite agreement, paying only 5000? " "What an enterprise needs is foresight. From the perspective of fresh students who break the contract, it shows that they lack foresight. How can an enterprise go far"
Tianyancha shows that Xiaopeng automobile, founded in January 2015, is an electric vehicle manufacturer committed to applying new technologies, processes and business models to build intelligent electric vehicles loved by young people. The car has the function of low-speed automatic driving and following. In order to solve the problem of parking, it has developed functions including automatic parking and remote calling. It is subordinate to Guangzhou Chengxing Zhidong Automobile Technology Co., Ltd.
According to the 2021 financial report released by Xiaopeng automobile, the revenue in 2021 was 20.99 billion yuan, a year-on-year increase of 259.1%, and the annual revenue exceeded 20 billion yuan for the first time; The total delivery volume of cars was 98155, an increase of 263% year-on-year, another record high.
The rule of Law Network Research Institute also noted that compared with soaring revenue, Xiaopeng's profitability is not optimistic. The net loss of Xiaopeng automobile in 2021 was 4.863 billion yuan, compared with 2.732 billion yuan in the same period of last year, an increase of 78% year-on-year. This means that with the increase of sales, its losses are also expanding, which seems to fall into a strange circle of "selling much more".
In response to the online exposure of unilateral breach of contract, Xiaopeng automobile responded that recently, due to the post adjustment and performance optimization of some departments, involving the adjustment of a small number of fresh graduates and relevant employees, we will continue to communicate and deal with it properly.
Lawyer Guo Zheng, a member of the lawyer expert library of the rule of law daily and a partner of Beijing Tianchi Juntai law firm, explained that the "tripartite agreement" is the abbreviation of the employment agreement for graduates and postgraduates of colleges and universities. It is an agreement signed by graduates, employers and schools to clarify the rights and obligations in the employment of graduates. Since the graduates do not meet the main qualification of the workers specified in the confirmation of labor relations related matters by the former Ministry of labor when they have not left the school, they have not established labor relations with the employer, and the tripartite agreement is not a labor contract, but an appointment contract signed by the graduates and the employer on labor contracts and other related matters in the future under the witness of the school, which has the nature of ordinary civil contract. Either party shall be liable for breach of contract.
Xing Zhifan, a member of the legal expert library of the rule of law daily and an equity partner of Beijing deheheng (Shanghai) law firm, also believes that in terms of legal nature, the tripartite agreement is not a labor contract or a proof of labor relations, but as an appointment contract, and the three parties to the agreement make an agreement on the formal labor contract signed between the graduates and the employer in the future. The employer's violation of the tripartite agreement is different from the unilateral termination of labor relations, which is mainly bound by the contract article of the civil code of the people's Republic of China. If the tripartite agreement stipulates the liability for breach of contract, the agreement shall prevail; If there is no agreement, the actual loss is generally used as compensation. According to the unilateral breach of the contract by Xiaopeng automobile, it brings short-term employment difficulties to the fresh students. "From a legal point of view, if both parties compensate the fresh students by consensus, it can be regarded as bearing the responsibility for their own breach of contract."
New car building forces
Become a new representative of breach of contract
With the in-depth development of new energy vehicles in the Chinese market, the "weixiaoli" matrix composed of Weilai automobile, Xiaopeng automobile and ideal automobile has become the "troika" of new forces in car making, which has been concerned by the capital and market for a long time.
Coincidentally, the ideal car has also fallen into the storm of breaking the contract recently. Some users revealed on pulse and other platforms that ideal automobile broke the contract in May to recruit students from the school graduating in 2022, and many of them have signed tripartite agreements with ideal automobile and the school, ready to wait for entry after the graduation defense.
In this regard, ideal automobile responded that it has made business adjustments recently, and some posts have been closed, involving the enrollment of some schools that have not joined this year. Ideal car provides a scheme for post transfer selection and termination compensation, and is currently communicating with relevant students.
Weilai automobile didn't expose the fresh students who broke the contract, but it had laid off employees on a large scale as early as last year. On August 22, 2021, Li Bin, founder of Weilai automobile, issued an internal letter announcing that the company would lay off about 1200 employees by the end of September.
Liepin data show that in 2021, the number of new jobs in new energy vehicles increased by 134.74% year-on-year, ranking first in all fields. The average annual salary of recruitment is 245700 yuan, with a salary increase of 24.57%.
Under various factors, the blindfolded new energy vehicle industry seems to have stepped on the brakes and began to calculate carefully. A grain of dust from the throttling of new energy vehicles falls on the fresh students and becomes a mountain.
In this regard, according to Guo Zheng's analysis, since 2022, affected by many factors, many domestic enterprises have experienced varying degrees of decline in operating revenue and profits, resulting in enterprises being forced to choose "throttling" under the situation of "unfavorable open source". The first is to reduce labor costs. In the early summer, when the graduation season of college students comes and the cost of breach of contract is low, fresh college graduates have become the first "victims" and have been broken by enterprises.
Lawyer Yang Baobao, a member of the lawyer expert library of rule of law daily, senior partner of BOC law firm in Beijing and head of risk and compliance department, believes that although legally speaking, signing a tripartite agreement is not equivalent to signing a labor contract, it is a commitment to hiring employees, that is, both parties have reached an agreement on employment. As the employer unilaterally breaches the contract, it must bear the responsibility for breach of contract. How to bear the liability for breach of contract? Both parties can negotiate, not only according to the amount agreed in the tripartite agreement, but also taking into account the losses caused to graduates by breach of contract.
However, Yang Baobao added that such losses are sometimes difficult to measure. For example, after signing the ideal car, students may give up the opportunity of other large factories. The sudden termination of the contract by the enterprise will make the unprepared graduates look for a job again. Moreover, fresh students have distinctive characteristics in job hunting. Often at the end of last year, many large factories settled on campus for school recruitment, and many good job opportunities are often at that time. When judging the loss caused by the employer's unilateral breach of contract, the law will comprehensively consider various factors. Generally, the company will bear the loss according to the salary of 1-3 months. However, even if the compensation for one month or three months' salary is paid, it is difficult to make up for the loss of graduates.
"Confidence" is more important than "gold"
"Responsibility" can hold up "confidence"
In fact, in addition to the new energy vehicle track, recently, relevant enterprises in other industries have also been frequently exposed to unilateral breach of contract.
As a business service company with rapid development momentum, youzan was once regarded as Hangzhou "little Ali" by the industry. In March this year, youzan was exposed to terminate the contract. All 2022 fresh graduates recruited during the recruitment last autumn were involved in product, R & D, operation and other positions. According to the agreement, youzan will compensate 5000 yuan per person.
A number of fresh graduates who were dismissed revealed that they would no longer take Internet companies as their first choice for employment, but choose more stable directions such as state-owned enterprises, teachers and manufacturing. "The Internet industry may be a turning point from our current session. At least we have seen the foam in it."
"We hope that enterprises can deeply understand the effectiveness of every offer they offer, and explain their responsibilities for such a commitment. Otherwise, if the law does not agree, the brand image will be damaged." Yang Baobao said that at present, it is difficult for college graduates to obtain employment, especially those who have signed tripartite agreements. It is hoped that more enterprises can abide by their commitments and provide opportunities for more graduates who step out of the university campus. Otherwise, it will destroy not only a tripartite agreement, but also the children's confidence.
For Xing Zhisheng, the employment guarantee agreement is not sufficient, but should be paid attention to by the three parties. When signing the agreement, fresh students are advised to pay attention to the provisions on breach of contract in the tripartite agreement; After signing the tripartite agreement, fresh students can pay due attention to other suitable employment opportunities in the market and provide more protection for themselves.
Guo Zheng also reminded that fresh students should pay attention to: 1. Clarify their positions and positions; 2. Training system; 3. Salary and welfare treatment; 4. Household registration; 5. Liability for breach of contract 6. Supplementary provisions need to be implemented. "The above-mentioned issues should be properly considered before signing the agreement. Especially for graduates, the opportunity is hard won and they should be cautious. For the" olive branch "thrown by the enterprise, the clear matters and commitments should be agreed in writing, and the specific amount of breach of contract should be specified to avoid breaking the contract without authorization. However, at the same time, the enterprise should also abide by the principle of good faith and not breaking the contract without authorization. If there is a better choice, both parties should fully communicate and strengthen cooperation The two sides should reach a settlement to avoid losing both sides. "
In November 2020, he Xiaopeng, founder of Xiaopeng automobile, sent an email to all staff in high spirits. Passionate words have infected many employees. One paragraph impressively reads:
"Fresh blood brings us not only an increase in the number of people, but also the injection of fresh ideas and innovative ability. All managers need to pay attention to potential fresh students, be more patient with them, and be willing to spend time training potential graduates. Young high potential talents have good learning ability and adaptability. Usually after 6-9 months of training, they will show a very fast growth rate."
Bold words are still in my ears. Just, this moment, that moment.
Of course, many times, the changes of the situation may not be as expected, and the measures under some special circumstances are understandable. But for those enterprises with long-term vision and trying to lead to excellence, the responsibility they should bear will not be pushed away at any time.