After receiving the notice of hiring, he resigned, but was released by the new unit. The court was s

Find a new job

Prepare

Resignation

But the pigeon was released by the new unit

The contract was destroyed after being hired

In early 2021, Xiao Chen (a pseudonym) applied for the position of Company A's product manager. Company A issued an employment notice to Xiao Chen on January 8, 2021, and notified Xiao Chen to bring the original company to relieve (termination) before January 18, 2021) Labor relationship certificates and other information go through the procedures for entry.

After receiving a notice from Company A, Xiao Chen officially lifted the labor relationship with the original company on January 13, 2021. On January 14, 2021, Company A notified Xiao Chen to cancel the recruitment on the grounds of the company's strategic adjustment.

Xiao Chen, who received the cancellation of the notice, was stunned. He made a lot of preparation for this upcoming new job: not only resigned from the original work, but also gave up the opportunity of the employment of several other companies. The approach of company A's cancellation of hires directly led Xiao Chen to enter the "blank period" in the workplace and need to find a job again. Xiao Chen believes that the income loss during his unemployment should be compensated.

Xiao Chen complained to Company A to the People's Court of Tianhe District, Guangzhou City, Guangdong Province, and asked the court to determine that Company A used the monthly salary of 13,000 yuan for the monthly salary of 13,000 yuan to compensate its income loss of 39,000 yuan during the unemployment period.

Until May 6, 2021, Xiao Chen was able to join another company again. During the trial process, Xiao Chen advocated that unemployment loss should be calculated until May 5, 2021.

Court: The employer pays 15,000 yuan in compensation

After hearing, the court believes that according to Article 500 of the "People's Republic of China", if the parties have one of the following situations in the process of establishing a contract, if the other party loses it, it shall bear the liability Consultation; (2) deliberately concealing important facts related to the establishment of a contract or providing false situations; (3) have other behaviors that violate the principles of integrity. In this case, Company A's behavior is "other violation of the principle of integrity", and the situation of this case belongs to the responsibility dispute between the contractual negligence.

Xiaochen's trust in the original unit based on the trust of Company A's notice was reasonable and necessary to make a reasonable and necessary preparations made with Company A. Company A does not set up a labor contract with Xiao Chen for its own reasons, and violates the principle of honesty trust, and the reasonable part of the income loss during the unemployment of Xiao Chen shall be compensated.

However, because it is difficult for Company A to foresee Xiao Chen’s unemployment time, Xiao Chen advocates the calculation of unemployment loss until his new company is lacking reasonable; and Xiao Chen does not actually provide labor in the unemployment room, and he advocates that the company is 13,000 yuan per every each. The monthly wage calculation standard is not proper to count the three -month loss.

Based on the principles of fairness and the principles of honesty, the court comprehensively considered the company's fault and the expected interests of Xiao Chen.

After the sentence was pronounced, neither side appealed.

Judge: Employers need to protect the interests of workers

In the process of job hunting, whether it is the "little white" who entered the workplace or the "masters" who have passed through the battle, after receiving the employment notice issued by the employer, it is possible to encounter As a result, the contract fails to sign.

Although the law gives employers to independently recruit employees to provide labor rights, employers should also pay attention to protecting the interests of workers. Before the employer is issued to the workers, the employer should fully consider the internal strategic planning and job needs of the enterprise, and then issue a comprehensive and comprehensive consideration of interested workers in advance before issuing an employment notice.

When the employer has clearly stated that when the employee is hired and asked the worker to terminate the labor relationship with the former employer, and the reasons for the non -workers themselves, the workers can quote Article 500 of the People's Republic of China. Relevant provisions of the responsibility of contractual negligence to safeguard their legitimate rights and interests.

Article Source: Public Number@源 文 文

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