Several job seekers are trapped in cross -border e -commerce Shopee's termination storm: controversial amount of compensation amount, difficult to protect rights

↑ Data matching. According to IC Photo

Red Star News reporter 丨 Luo Mengjie Intern 丨 Li Ying

Editor 丨 Yu Dongmei Internship Editor 丨 Zhu Jieying

Recently, Southeast Asian e -commerce giants Shopee's large -scale cancellation of offers caused heated discussions. Several netizens broke the news that they received a termination call from Shopee Fang when they were close to the job, causing life and work to fall into a dilemma. Through the exchange with many people who have been canceled, Hongxing News learned that these destroyed positions were mainly set up by Shopee in Singapore, and its current compensation measures are to give job seekers a month's salary compensation to Singapore. cost.

"In addition to the cost that can be quantified, more opportunity costs cannot be measured with amounts." According to those who are partially reflected, the Shopee party’s unlavic attitude, the "kicking ball" of the Ministry of Human Resources involved in the corporate manpower involved, and the ones who are not on exotic laws are not Familiarity makes their roads that protect their rights.

In response to the situation where the multinational offer was destroyed, Lawyer Liu Di, a Shandong Chongyao Law Firm, said that the infringement of the contract signed in China and the liability of the contract was in China. The offer issued by the enterprise to the job seeker, that is, the hiring notification, is a appointment contract, which is an agreement to sign a contract within a certain period of time. After the enterprise issues an offer, it refuses to perform it. Including direct expenses such as moving, transportation, physical examination, education certification, and indirect losses caused by this offer to resign or abandon other tasks. "

Cross -border job search

However, he was notified to cancel the recruitment before joining the job

Recently, a user named "Lindo dancing in Iceland" posted on the pulse, saying that as soon as he landed in Singapore, he received a Shopee contract call. According to its statement, before flying to Singapore, he also received a welcome email from Shopee.com's mailbox, but he received a notice from offer cancellation when he landed with his family.

↑ "Linde dancing in Iceland" posted on the pulse

Red Star News learned that there are dozens of people similar to the "Link's dancing in Iceland". The contractor Xiaoyan told Hongxing News that he flew to Singapore on August 18 and planned to apply for employment on September 5, but received a notice of understanding on August 25. Another contractor Kobayashi told Red Star News that he planned to fly to Singapore on August 26, and received a call from HR on the afternoon before taking off.

↑ The termination email issued by Shopee received by Xiaoyan confessed

Kobayashi tells that he was a post -commissioning post for SHOPEE Singapore headquarters delivered in early May. After two months of interview process, he received a notice of hiring around July. "Because of the severe environment of employment, for the sake of insurance, I deliberately waited until Shopee signed an electronic contract and applied for my visa before leaving the company. Rights and obligations, but there are no issues of compensation. "

Many people who have been terminated said that the current compensation measures given by Shopee are the cost and cost of spending to Singapore for a month's salary compensation. The cost reimbursement must provide invoices and transfer records. "Many of these can't be taken out. After all, I did not retain invoices and records when buying daily necessities," Kobayashi said. At the same time, many people who were canceled also said that it was difficult to accept a month's salary compensation. "The time and cost of living for jobs are caused by this (destroyed), and I think (compensation) should be covered. "

"I hope to get a two -month salary compensation." Kobayashi told Red Star News that in addition to the cost that can be quantified, more opportunity costs cannot be measured with amount. In order to get this job application, he had pushed off the offer of Pinduoduo, DJI, Mihayou and other companies, but now he has to start the interview to find a job.

Xiaoyan, who has arrived in Singapore, said that the cost of tickets to Singapore and renting a house cost about 30,000 to 40,000. "Now it is more difficult to estimate the cost of finding a job than the money expenditure. Not very good, coupled with the advantages of personal experience, it is particularly difficult to find a job again. "

↑ A ticket to Singapore to Singapore's air ticket voucher confessed to the interviewee

The official website shows that Shopee is a cross -border e -commerce platform that covers more than ten markets including Singapore, Malaysia, the Philippines, and Thailand. At present, Shopee has 7 million active sellers, and more than 8,000 employees are spreading in Southeast Asia and China. It is the fastest -growing e -commerce platform in Southeast Asia.

↑ Shopee official website profile

According to media reports, affected by the rise of the global economy and the rise of similar competitors, the e -commerce environment in Southeast Asia has changed sharply. The international site that SHOPEE spent great energy has not achieved expected results. In March of this year, Shopee closed the French and Indian stations; by June, Spain's station also announced its shutdown. Along with the simultaneous shutdown of business, there is a round of the imperative personnel.

The relationship between the two parties is not equal to

Difficulties in claiming rights protection

From the many respondents, Hongxing News learned that the reason given by Shopee's HR was due to the adjustment of the company's organizational structure, which caused the post to be canceled. On August 31, Red Star News tried to contact Shopee's customer service and HR departments. According to interface news reports, Shopee has responded to the termination of the contract, saying that due to the adjustment of some technical team recruitment plans of the enterprise, some technical -related positions are closed. At present, the company is continuously communicating with relevant personnel and will do its best to help them transition. It is understood that due to the differences in the amount of compensation, and the attitude of the SHOPEE party to solve the problem, the attitude of solving the problem is not active and the incomprehension of related laws, Kobayashi and others have not been properly resolved in compensation. In addition, according to the latest progress of "Link's dancing in Iceland", as of August 30, the Shopee Fang only passed it twice with its ditch, and after notifying the contract, he did not ask whether he and his family needed to help in any form. Shopee's processing attitude made him "continue to live under high pressure and sting."

对此，泰和泰（深圳）律师事务所的郭松律师表示，因雇佣单位在新加坡，所以其索赔和维权应当遵照新加坡的法律规定：若雇佣双方要终止服务，应提前一定期限告知对方，给予The other party has a certain time to prepare and transfer. "According to Article 10 of the Employment ACT (Employment Law) in Singapore, the contract shall be notified at least one day in advance if the employment time is less than 26 weeks. The salary paid, that is, contemporary notice, is generally paid for a month's salary. "Lawyer Guo Song also said that this law follows the agreement that is better than legal, that is, the person who is terminated is likely to negotiate with the Shopee party through negotiation. The method of public opinion is used to win more compensation for yourself.

However, Lawyer Liu Di, Shandong Chongyao Law Firm, believes that "these types of disputes are applied to Chinese law directly in addition to the application of foreign law. Because the two parties have not established labor relations, the offer is strictly destroyed. The liability for compensation that the enterprise should bear is based on the default of the appointment contract. This situation belongs to civil cases accepted by the court rather than labor arbitration. "

Lawyer Liu Di said that in response to the destruction of the multinational offer, the infringement of the contract signed in China and the liability of the contractual negligence in China, the destroyer can first apply for the case in the domestic court. "In foreign -related disputes, if there are some connection points (in the specifications of foreign -related conflicts to determine the basis of which country law should be applied by a civil and commercial legal relationship), the parties can choose to apply priority to applying for a case in China, which meets the reasons for jurisdiction stipulated in the jurisdiction. , Out of the protection of national interests, domestic courts can be recorded. "

In addition, Lawyer Liu Di also said that the employment notice issued by an enterprise to the job seeker is an appointment contract, which is an agreement to sign a contract within a certain period of time. "The Civil Code emphasizes the purpose of the appointment contract lies in the establishment of the contract (the contract to be established). One party violates the contract of the contract and does not fulfill its obligation to establish a contract. Performing, when the workers have accepted the offer and paid for the preparation for this, the company should compensate the workers, including direct expenses such as moving, transportation, physical examination, and academic certification, and in order to get this offer to resign or give up other other Indirect losses caused by work.

"At present, the status of workers is not completely equal during the job search process, so it is impossible to fully avoid the cancellation of the offer." Lawyer Liu Di suggested that the job seeker should not resign or give up easily before receiving the formal employment notice or give up easily. Other hire notifications; after the enterprise issues a formal hiring notice, the job seeker can follow up and implement it in real time until the labor contract is signed. If an enterprise unilaterally cancels the employment notice, job seekers can use legal means to reasonably protect their rights and strive for compensation. (The interviewer requires the pseudonym)

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