small
blue
help
you
ask
How can the merchant protect his rights if he runs away and the membership fee is not refunded? What should I do if I am deceived by participating in group buying Universal Studios Half-Year Cards and special tickets in the WeChat group? In the process of purchasing a newly built commercial house, the owner is falsely advertised, and the owner is also threatened by the developer, how to protect his rights and interests? In the nearly 10 years since the establishment of this newspaper, many citizens have contacted this newspaper to report that they have encountered problems, and reporters often hear them say that they "don't know how to solve them, and they don't know how to defend their rights."
The sub-center edition of Beiqing Community Daily has opened the [Xiaoqing Public Interest Legal Services] public interest law popularization column, welcome citizens and friends to submit their own legal problems, we will invite professional lawyers to answer questions and analyze typical cases, to provide legal reference for everyone, so stay tuned!
If you need a face-to-face consultation with a legal question, you can call the newspaper's hotline at 80579355, where a pro bono lawyer is available every Friday morning.
Issue 61
"Do you want to get a high salary as soon as you graduate?" "Choose us, get promoted and raise your salary in the workplace quickly!" …… In the job market, this kind of attractive slogan can always attract the attention of many graduates who are "not deeply involved in the world".
At present, it is a critical period for college graduates to find jobs, and when graduates are busy submitting resumes and interviews with enthusiasm, some lawbreakers have also begun to be "restless" and dig pits and traps under the guise of recruitment, resulting in the occurrence of fraud money, misappropriation of information, and inducement of crimes, which seriously damage the employment rights and interests of graduates.
In this regard, the Ministry of Education recently issued job search tips for college graduates, reminding graduates to enhance their awareness of risk prevention, information security and rights protection in accordance with the law, so as to prevent them from falling into various job search traps. If one's lawful rights and interests are infringed upon in the course of job hunting, they should actively collect and retain relevant evidence, and use the law to protect their own rights and interests.
What is a "black intermediary"? How to avoid encountering "black intermediaries"? What should I do if I encounter one? In this issue, we will answer the relevant questions for graduates one by one.
This column invites lawyer Wu Zhuozhuo of Beijing Huixiang Law Firm, lawyer Gao Ming of Beijing Huixiang Law Firm, and lawyer Yu Xiaonan of Beijing Derun Law Firm to give legal interpretation on related topics for readers' reference.
What should I do if I encounter a "black intermediary" when looking for a job?
1. What is a "black intermediary"?
According to Article 18 of the Interim Regulations on the Human Resources Market, for-profit human resources service institutions engaged in employment intermediary activities shall apply to the administrative department of human resources and social security for an administrative license and obtain a human resources service license in accordance with the law. For-profit human resources service institutions that carry out human resources supply and demand information collection and release, employment and entrepreneurship guidance, human resources management consulting, human resources evaluation, human resources training, undertaking human resources service outsourcing and other human resources service business, shall be filed with the administrative department of human resources and social security within 15 days from the date of business.
Therefore, those "intermediaries" who engage in employment intermediary activities without permission are what we call "black intermediaries" in the usual sense.
2. How to avoid encountering "black intermediaries"?
First of all, it is necessary to improve the ability to identify "black intermediaries". Generally speaking, those behaviors that require payment before employment, promise to provide internal positions after payment, entry bundling paid training, and entry bundling loan names should arouse the vigilance of job seekers. If the above circumstances are found, the general information of the intermediary can be queried through the "National Enterprise Credit Information Publicity System", the human resources service license of the intermediary can be inquired through the official website of the local human resources and social security department, and whether the intermediary has been executed, dishonest, or restricted from high consumption through the "China Enforcement Information Disclosure Network", so as to further confirm whether the intermediary is a "black intermediary".
Secondly, it is necessary to use formal platforms to apply for jobs as much as possible. According to the provisions of the "Provisions on the Administration of Online Recruitment Services", for-profit human resources service establishments engaged in online recruitment services shall obtain human resources service licenses in accordance with law, and for-profit human resources service establishments engaged in online recruitment services shall continue to publicize business licenses, human resources service permits, and other information in a conspicuous position on the homepage of their websites, mobile internet applications, and other such information, or links to the above information. Such platforms often have a very strict review mechanism, and job seekers can also be screened through the information published on the website, which can effectively reduce the chance of encountering "black intermediaries".
Third, it is necessary to be cautious in signing agreements and labor contracts. Do not believe the verbal promises of intermediaries, and sign a written service agreement on the basis of confirming the relevant content to implement various rights and obligations. When signing a labor contract, it is necessary to carefully read the terms of the contract, especially the protection of rights and interests, wage payment, etc., and reject any clauses that require payment of fees in advance, deduction of certificates, non-payment of social insurance, and inconsistency with the agreed content, so as to avoid falling into the trap of the contract.
3. How to solve it if I encounter it?
Job seekers should pay attention to retaining relevant evidence, such as receipts, agreements, videos, audio recordings, etc., during the job search process, which is very important for protecting their rights and interests in the future.
If a job seeker suspects that he or she has encountered a "fake agent", he or she can report it to the local labor inspection brigade or to the local market supervision and administration department. If their rights and interests have been infringed, they should immediately report to the police for help, and promptly protect their lawful rights and interests through litigation and other legal channels.
Legal knowledge related to job hunting and employment
1. About "Labor Contract": What is an Employment Contract? What are the terms of an employment contract? Under what circumstances is an employment contract invalid or partially invalid? Can I not sign an employment contract during the probationary period?
First, according to the relevant provisions of the Labor Law, an employment contract is an agreement between an employee and an employer to establish an employment relationship and clarify the rights and obligations of both parties. A labor contract shall be concluded for the establishment of labor relations.
Second, the Labor Law and the Labor Contract Law are not completely consistent with the terms that an employment contract should have, but in general, the employment contract should have the following provisions:
(1) The name, address, and legally-designated representative or principal responsible person of the employing unit;
(2) The worker's name, address, and resident ID card or other valid identification number;
(3) The term of the labor contract;
(4) The content of the work and the place of work;
(5) Working hours, rest and vacation;
(6) Labor remuneration;
(7) Social insurance;
(8) Labor protection, working conditions and protection against occupational hazards;
(9) The conditions for the termination of the labor contract, the liability for violating the labor contract, and other matters that should be included in the labor contract as stipulated by laws and regulations. In addition to the above-mentioned mandatory provisions, the employer and the employee may agree on other matters such as probationary period, training, confidentiality, supplementary insurance and welfare benefits.
Third, taking into account the provisions of the Labor Law and the Labor Contract Law, using fraud, coercion or taking advantage of the danger of others, the other party enters into or modifies the labor contract contrary to its true intentions; The employer exempts itself from statutory responsibilities and excludes the rights of employees; If the mandatory provisions of laws and administrative regulations are violated, the labor contract shall be invalid or partially invalid. An invalid employment contract is not legally binding from the moment it is concluded. If part of the employment contract is invalid, the remaining part shall remain valid if it does not affect the validity of the remaining part.
Fourth, a labor contract should be signed during the probationary period. According to the Labor Contract Law, an employer shall conclude a written employment contract within one month from the date of employment, and the probationary period shall be included in the term of the employment contract. The law strictly prohibits the practice of signing a labor contract after probation.
2. How long is the probationary period? Can a company not pay social security on the grounds of a probationary period?
Article 19 of the Labor Contract Law stipulates that if the term of the labor contract is more than three months but less than one year, the probationary period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probationary period shall not exceed two months; For fixed-term and indefinite-term labor contracts of more than three years, the probationary period shall not exceed six months.
The same employer and the same employee can only agree on a probationary period once.
Where a labor contract is for the completion of a certain work task or where the term of the labor contract is less than three months, a probationary period must not be stipulated.
The probationary period is included in the term of the employment contract. If the labor contract only stipulates a probationary period, the probationary period shall not be established, and the period shall be the term of the labor contract.
As for the social insurance payment during the probationary period, according to the provisions of the Social Insurance Law, the employer shall apply to the social insurance agency for social insurance registration for its employees within 30 days from the date of employment. Therefore, the company is not allowed to refuse to pay social security on the grounds that the employee is in a probationary period.
statement
The above is for readers' reference only. The views in this article do not represent any final legal opinion, because the relevant information comes from the reader's unilateral description, this article only explains the relevant legal provisions from the perspective of public interest law popularization, and does not represent any legally effective determination opinion, does not represent any final legal conclusion, and cannot be used as the basis for determining the outcome of the case. If they meet the requirements for applying for legal aid, they may also apply for legal aid from the relevant departments.
Collecting
If you have legal issues that you want to consult in your life, please submit to us, and we will invite Wu Zhuo Lawyer of Beijing Huixiang Law Firm, Gao Ming Lawyer of Beijing Huixiang Law Firm, and Yu Xiaonan Lawyer of Beijing Derun Law Firm to answer your questions and provide legal reference.
Posted in Culvert Road:
Method 1: A private message in the background describes in detail the legal issue you want to consult
Method 2: Submit the manuscript by email to [email protected] email address
Method 3: Hotline: 80579355
Pro Bono Lawyers: