Experts from the employment planning of colleges and universities' employment planning for enterprises have called for alert behavior

● At present, it is the employment season of college graduates. Some companies have had a contractual behavior and disrupted the employment plan of college students who had just entered the society from the ivory tower. Although some students got thousands of yuan in default, they missed employment Golden period

● Graduates from colleges and universities must ensure their rights and interests to the greatest extent. They should insist on signing the three -party agreement instead of signing employment agreements such as employment intent and internship agreements. It is recommended that the three parties agree to increase the amount of corporate default appropriately

● Relevant departments strengthen supervision to ensure that the employer lifts the employment agreement according to law. Once it is found that some people units are destroyed by the "car" epidemic in order to reduce the cost of manpower

Comics / Gao Yue

□ Rule of Law escort college graduates employment

□ Our reporter Zhao Li

□ This newspaper intern Tan Lanhui

It is not enough to pay a liquidated damage for one month's rent, but faces the prime period of employment. This is the current situation of Xu Feng, a senior graduate of a 2022th year of a university in Beijing.

Fresh graduates who have been destroyed by the company are not only Xu Feng. At present, it is the employment season of college graduates. Previously, there were media reports that some car companies and Internet manufacturers have experienced contractual behaviors. Measures.

A number of industry experts recently said in an interview with the "Rule of Law Daily" that the destruction of enterprises will seriously affect the employment confidence of graduates, and even cause some graduates to miss the golden period of employment and find jobs for a long time. Enterprises should fulfill their social responsibilities, plan for employer recruitment plans to avoid and prevent arbitrary destruction behavior.

Experts suggest that from the protection of the rights and interests of college graduates, the three -party agreement can appropriately increase the amount of corporate defaults. Relevant departments strengthen supervision to ensure that the employer is lifted according to law. Once it is found that some people units are destroyed by the "car" epidemic in order to reduce the cost of labor, they should issue a letter of warning and incorporate the blacklist of employment to make severe administrative penalties.

Sign a tripartite agreement

It's hard to escape temporary contract

Xu Feng signed a three -party agreement with a Beijing company in the second half of 2021, and then entered the internship assessment period. "From the signing of the three -party agreement to the end of the year, I think my performance in the company is not bad." Xu Feng told reporters.

The three -party agreement is the abbreviation of the "Employment Agreement of General College Graduates National College National College". It is a written manifestation of the rights and obligations of graduates, employers and schools in the employment work of graduates. The employer will be terminated by itself after being officially received.

After signing the three -party agreement, Xu Feng thought that the work would have an end. "But at the end of 2021, there was news inside the company that it would be adjusted by business and personnel. It didn't take long for the company's benefits to decrease." She recalled that the company HR suggested that she continue to work for a month, and at the same time, she is looking for other jobs, and then the leaders directly talk about.

"He first evaluated my recent performance, and then said that because the development of the Internet was not optimistic, business and personnel were adjusted, the company needed layoffs." Xu Feng said that the company lost her some liquidated damages in accordance with the three -party agreement. "There are very few liquidated damages, and I have missed the best time to find a job."

Since the beginning of this year, college graduates have been reported in the case of breach of contract. According to public reports, two well -known new energy vehicle companies have been exposed to dozens of students who have graduated in about 2022. The reasons given are similar, both involving business adjustments and cannot provide employment. The enterprises involved paid thousands of yuan for college students.

"A termination email issued by HR has changed from 'Heavenly Pride' to the unemployed. Unlike the 5,000 yuan compensation specified in the three -party agreement, the company compensated the monthly salary for more than 5,000 yuan, but I am I want a job more. "Liu Ming, a 2022 graduate who was destroyed by the above -mentioned new energy vehicle companies, said that he is currently rented in Chaoyang District, Beijing. Wandering, "I am confused, and the sudden termination of the contract has a great impact on me."

Zhang Liyun, an associate professor of the Law School of the School of Labor Relations, said that this year's college graduates have exceeded 10 million people, but under the dual influence of domestic epidemic and international situation, many companies have fallen into a certain dilemma, and some companies cannot operate normally. At the same time, there are also some enterprises to destroy the contract.

"Generally speaking, the three -party agreement has many policy guarantees. Some schools participate can protect students' rights and interests to a certain extent. But at present, with the advancement of the employment marketization of college students, the three parties and policyability of the three -party agreement have led to its observation The perspective of the law maintains insufficient students' rights and interests, "said Shen Jianfeng, director of the Labor Law and Social Security Law Research Center of the Central University of Finance and Economics.

"Painted Cake" by the company

The internship cannot be correct

According to many fresh graduates interviewed, in the autumn and spring recruitment, not all companies will sign a tripartite agreement with graduates. Some companies will first recruit quasi -graduates as interns and promise to open their posts after their internships. However, some companies have failed to fulfill their promises.

In the autumn recruitment in 2021, Wang Jiajia, a senior student from Beijing, signed an internship agreement with an entertainment company. Let me sign the internship agreement and promise to turn right immediately after the internship period. " Wang Jiajia told reporters that at that time, the company's leaders and her team leader were particularly enthusiastic, saying that the company was developing rapidly, especially lacking, and there was absolutely no problem to turn on time. Her team is mainly responsible for cultivating and promoting a newcomer singing group. At the beginning of the work, she was very busy and often worked overtime. As the draft show entered a downward period, the company decided to adjust the business structure and control costs. From March this year, her busy busy starts, her busy busy The state stops abruptly.

"Unlucky, I was told that I didn't have to go to work anymore." Wang Jiajia said that at that time, she wanted to fight for it again, but because of the Beijing epidemic, the school delayed the start of the school, and the company could not come to offline internship and business adjustment in time. The contract is canceled. Because the internship agreement was signed, Wang Jiajia did not even get a liquidated damage.

Like Wang Jiajia was destroyed without getting any compensation, there were Zhang Xiaoyu, a Beijing graduate who studied in the media. The company signed a letter of intent for employment and promised that she turned directly after the trial period. "But when I was about to turn right, the company persuaded me in various ways. I want to fight, but the company gives me a super load workload every day, so that I can't do it at all." Zhang Xiaoyu said, helplessly, helplessly She can only leave.

Shen Jianfeng believes that this year's corporate destruction incident has received greater attention, mainly because of the severe employment situation. "Under the current employment situation and economic situation, some companies have not planned their own demand and development needs. There are so many people. "

Beijing lawyer Chang Sha, who has been paying attention to the labor field for a long time, said that the signing of fresh graduates is mainly divided into two types: employment intent and three parties. Some companies require a letter of intent for employment first, and then sign a labor contract after formal graduation. The employment intention is far less effective than the three parties.

"The internship agreement refers to a practical study of students in the actual work of participating in the internship unit. During the internship period, the agreement to clarify the rights and obligations between the two parties. Chang Sha said that college graduates should ensure their rights and interests to the greatest extent, and they should insist on signing the three -party agreement instead of these low -effective employment agreements.

Compensation cup water salary

Increase the amount of default

A company, an unknown company in Beijing, told reporters that some companies destroyed their contracts is also "as a last resort" -Affected affected by the epidemic, the economic benefits of the company had declined. After business compression and project adjustment, they had to lay off their layoffs for survival. At this time, the cost of enrollment of the destructive school is relatively low and less compensation. If the labor contract of the original employee is lifted, the compensation that needs to be paid is linked to its salary and working life, and a large amount of compensation needs to be paid.

After the contract is destroyed, even compensation for college students will not exceed 5,000 yuan.

It is understood that in the past, many college graduates were the destruction of the three -party agreement, and some employers restricted college students to destroy their contract by agreed that the sky -high liquidated damages were agreed. In 2019, the Ministry of Education made suggestions that the liquidated damages shall not exceed 5,000 yuan. Since then, the school's default amount of more than 5,000 yuan generally does not sign on the three -party agreement.

Zhang Liyun analyzed that the amount of liquidated damages was the result of the balance of interests. Students may breach contracts because they find better employers or advanced studies. As a party without salary, students have limited payment capacity and bear a liquidated damage below 5,000 yuan. If the standard of liquidated damages in the tripartite agreement is too high, once students breach, there will be problems such as payment.

Several experts pointed out that the amount of default was limited to 5,000 yuan, which was based on restricting employers 'abuse of rights and protecting students' rights and interests. However, such protection was drilled by individual companies.

Shen Jianfeng said that when students are employed, the identity of fresh graduates is very important. Even if the contract is destroyed, they cannot change the reality of the students who have missed the golden period of employment. The damage to the damage exceeds the breach of contract in the ordinary labor employment market.

"From the perspective of civil contracts, there is no problem with the compensation of the upper limit of 5,000 yuan, but from the perspective of brought greater damage to students from the three parties agreements, it is also reasonable to agree that the use of the personnel to default more." Shen Jianfeng Feng Jianfeng It is said that from the perspective of further improving the protection of employment students and regulating employment behaviors, it should be re -considered the qualitative of the tripartite agreement. This agreement should not be understood as civil agreements, applicable to civil law, but should be understood as a labor contract. Applicable labor laws to improve the protection of employment students and prevent arbitrary destruction.

Zhang Liyun also believes that from the perspective of restricting employers to destroy contracts and protect students' rights, we can consider increasing the amount of liquidated damages of employers appropriately. "But whether or not to increase and increase, you need to make full investigations and carefully considerations."

Lift the contract according to law

Defense to destroy the contract

To explore the question of corporate breach of contract, the first thing that needs to be answered is: Can employers breach contract?

According to Changsha, the principle of legal changes in law, when the foundation of the contract was established, a major change that the parties were expected to be expected, and the contract could be changed or lifted. In the trilateral employment agreement, there are clauses that can be lifted when specific situations occur. In Shen Jianfeng's view, according to the labor contract law, under specific circumstances such as "severe difficulties in production and operation", employers can lay off layoffs -employees who are on the job can still be cut off. It should not be completely prohibited.

But there is no limit to destroying the contract. In the interview, the reporter noticed that the interpretation of many companies was "business adjustment" regarding the cause of the contract.

In this regard, the experts interviewed said that if business adjustments are a helpless move after serious difficulties in business, it is not indispensable to destroy the contract. In this case, it is not necessary to make "dishonesty" evaluations such as "dishonesty". However, it is important to emphasize that there is a premise that the "situation change" is determined by law, that is, "because it cannot be attributed to the reasons of the parties", that is, if the basis of the establishment of the contract is not objective, but the employer's own error is itself. As a result, the destruction was not recognized by law.

“企业毁约要承担相应责任，不仅要赔钱，还要面对社会舆论的压力。所以随着疫情和经济形势逐渐好转，大量毁约的情况不会出现。”沈建峰说，如果一个企业频繁毁约，相关The department can include it in the blacklist of employment for regulation.

"In the absence of external objective factors, if an enterprise repeatedly destroys the contract, its original intention is doubtful. If you want to get public recognition, the company can make more detailed disclosure of the background of the contract under conservative business secrets. The department can also conduct relevant investigations and disclosure to respond to the public's reasonable question. "Zhang Liyun said that we must be alert to the behavior of" taking a ride to destroy the contract. " The "ride" epidemic destroyed her contract with graduates.

Zhang Liyun said that the labor supervision department can send a warning letter to the relevant enterprises for the act of "taking a ride". If such situations appear again, on the basis of investigation and verification, severe administrative penalties must be imposed.

Shen Jianfeng also reminded fresh graduates that there are some illegal and infringement of students' rights and interests in the recruitment. Everyone must brighten their eyes and protect their rights in a timely manner in accordance with the law. He believes that with the introduction of preferential policies such as a series of fiscal subsidies and tax reduction for enterprises, the state has strived to settle for the development of the enterprise. In the near future, enterprises will create and provide more jobs.

(Graduates of colleges and universities in the text are pseudonym)

Source: Rule of Law Daily-Rule of Law Network

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