Recently, a news of "Xiaomi layoffs Beihang 2022 fresh graduates" circulated on social platforms, causing heated discussion in public opinion.
Red Star Capital Bureau noted that on April 22, a user named "Pepper who used to play tennis" posted in the Pulse Job Talk Area, saying that he was a fresh graduate of Beijing University of Aeronautics and Astronautics and entered Xiaomi (01810. HK), but only two months after joining the company, it received a notice of layoffs.
On April 27, the fresh graduate of Beihang Airlines told Red Star Capital Bureau through his classmates that he had signed a resignation agreement with Xiaomi Company and was inconvenient to disclose the details of the agreement, and then politely refused to be interviewed. The staff of the Career Guidance Center of Beihang Airlines also refused to be interviewed after hearing the intentions.
Red Star Capital Bureau noted that in recent years, the situation of fresh graduates being laid off has occurred repeatedly, and lawyer Xu Yuling, director of the Labor Law Department of Jingshi Law Firm, said that there are no legal provisions specifically aimed at the employment rights and interests of fresh graduates, and after the enterprise signs a labor contract with fresh graduates, the binding force of the tripartite agreement is limited.
Beihang Master posted that he was laid off by Xiaomi
He was transferred one month after joining and laid off after 2 months
In the self-report of the recent graduate of Beihang Airlines, he is a student of Beihang Instrument Science and Optoelectronic Engineering College, and he is 25 years old. In the autumn of last year, I got offers from many mobile phone companies such as Xiaomi, JD.com, oppo, and Honor, and finally chose Xiaomi. On February 17 this year, he joined the software development position of Xiaomi's artificial intelligence department, but within a month, he transferred to the xiaoai classmate architecture group of the artificial intelligence department. A month after the transfer, on April 22, he was notified of layoffs due to business reduction.
According to its account, the layoff solution provided by Xiaomi is: one is to take labor arbitration, but because it is still in the probation period, so the compensation will be very small; the second is to continue to work for one month, this month can find a new job, which is equivalent to giving a month's wage compensation.
The fresh graduate of Beihang Airlines put forward an appeal in the post, saying that "whether the school can restore the identity of fresh graduates and tripartite agreements, etc., so as to facilitate subsequent job search." ”
Red Star Capital Bureau noted that after the post was released, it quickly caused a hot discussion on the pulse platform, and as of April 26, there were more than 2,000 comments. Some users commented: "Layoffs are too immoral", "Why did you recruit in the first place to lay off employees in two months?" "Spring recruitment is almost over, and now that the laid-off has lost its status as a fresh graduate, where to find a job?" ”
On April 26, Red Star Capital Bureau contacted the fresh graduate of Beihang Airlines through his classmates, who said that he had signed a resignation agreement with Xiaomi Company, and it was inconvenient to disclose the details of the agreement, and then politely refused to be interviewed.
On April 27, Red Star Capital Bureau found that the posts posted by the above-mentioned fresh graduates of Beihang on the pulse platform have not been searched or deleted. Subsequently, the Red Star Capital Bureau called the Beihang Career Guidance Center, and the staff of the other party refused the interview after hearing the intentions.
In response to the news of "Xiaomi layoffs Beihang 2022 graduates", on the 27th, the Red Star Capital Bureau asked Xiaomi to verify this matter, as of press time, there was no response.
It is worth mentioning that as early as mid-February, Xiaomi was exposed to plan layoffs of 10%, the scope of layoffs is the performance of C employees, there are also B and B+ employees involved, layoffs may be mainly new employees or fresh graduates.
At that time, the relevant person in charge of Xiaomi responded to the Red Star Capital Bureau and said: "Xiaomi has not yet laid off employees in its entrepreneurship, and at present, more than 4,000 popular positions in Xiaomi are still recruiting talents, and excellent talents are welcome to join." ”
Fresh graduates are frequently cut
Is the business violating labor laws?
Red Star Capital Bureau noted that there have also been cases of layoffs of fresh graduates by Internet companies before.
In 2018, Meituan (03690. HK) review was exposed at the end of the year layoffs of fresh graduates, according to the interface news report: "An employee who just joined the review confirmed that three colleagues around him were dismissed yesterday, and all three were fresh graduates, because they had not yet been regularized, and whether they could get compensation was unknown." ”
In November 2021, ByteDance's Ohayoo was also exposed to lay off the 2021 class of graduates. At that time, Ohayoo responded that due to business changes, some positions and personnel have been adjusted recently, involving 79 employees, including 30 school enrollments. For school enrollment, 23 students have been transferred internally, 3 students are in internal coordination, and 4 students have not transferred and chose to leave, and we have provided severance compensation.
In addition to the Internet industry, the medical device industry a brother Mindray Medical (300760. SZ) also reported layoffs of more than 200 fresh graduates at the end of 2018, causing heated discussion in public opinion. According to China Youth Daily, on December 31, 2018, Mindray Medical responded through the media that the sudden termination of the contract was because the company's business combing found that it currently needed more social recruitment rather than students, so it cancelled some of the contracts originally scheduled to join the company next fall, and Mindray compensated according to the contract. It is understood that Mindray will pay a compensation of 5,000 yuan to each terminated student.
On April 27, a student of the class of 2022 who was about to graduate told Red Star Capital Bureau: "For fresh graduates, from autumn recruitment to spring recruitment, there are at least two rounds of job opportunities, and now the autumn recruitment and spring recruitment have ended, close to graduation, many good job opportunities have disappeared, and it is difficult to accept layoffs at this time." ”
The fresh graduates of Beihang Airlines who posted this time also expressed the hope that the school can restore its fresh graduate status and tripartite agreements to facilitate follow-up job search.
(*Tripartite Agreement: The Employment Agreement for Graduates of Ordinary Colleges and Universities and Graduate Students is to give fresh graduates a guarantee during the transition period from graduation to employment, and to clarify the rights and obligations of graduates, units and schools in the employment of graduates. ）
In the "Xiaomi layoffs Beihang 2022 graduates" incident, did Xiaomi's layoffs of fresh graduates violate the tripartite agreement and relevant laws?
In this regard, lawyer Xu Yuling, director of the Labor Law Department of Jingshi Law Firm, told Red Star Capital Bureau: "After an enterprise signs a labor contract with a fresh graduate, it needs to have a statutory reason for termination to terminate the labor relationship, otherwise the enterprise is suspected of illegally terminating the labor contract, and the employee can request to continue to perform the contract or give the employee 2 times the compensation." ”
Lawyer Xu Yuling also pointed out: "At present, there is no legal provision specifically aimed at the employment rights and interests of fresh graduates, and the binding force of the tripartite agreement is limited after the enterprise signs a labor contract with the fresh graduates. ”
Red Star News reporter Yu Yao Qiang Ya Milling
Edited by Tao Yueyang