Recently, I noticed several similar news, "college students apply for medical aesthetic institutions and are saddled with installment loans on the day of entry", "female college students become loans when they find jobs", "college students are encouraged to take loans for plastic surgery on the day of entry"......
In the comment area, some people called "misanthropic committed", and some people accused "they are not good intentions when they apply for high-paying careers", but a little understanding, you will find that their experiences are highly overlapping, is this a coincidence?
Of course not, behind the similar experience is a gradually maturing criminal industry chain, and young women who have just entered the society are the targets of their sniping. That is, from the very beginning, it was a trap tailor-made for them.
Photo / Weibo @ Cover News
What should we do when a heart-warming offer becomes a heart-wrenching offer, and when the longing for self-reliance becomes a trap for a loan?
The main model of "recruitment loan".
According to relevant reports, recruitment loans can be roughly divided into two models: recruitment training loans and recruitment beauty loans, but the two are essentially the same. The whole process is mainly carried out in the following steps:
1) Attract job seekers
In the routine of beauty loans, recruitment companies generally publish false recruitment information on job search and recruitment platforms, recruit business nannies, assistant general managers, secretary to the chairman and other positions, and promise high salaries and high treatment higher than the normal level.
The routine of recruitment and training loans will be more difficult to identify than those of recruitment and beauty loans, because the virtual recruitment posted by recruitment companies in this model will be relatively attractive in terms of salary and treatment, but it is also in line with the general situation. Recruitment companies sometimes offer the benefit of free training, which is actually to prepare for the next plan.
2) Make facelift/training requests
After the candidate has initially expressed his or her intention to apply for a job, the recruiting company will use interviews and various skills to make the candidate further believe that this is an excellent job opportunity. For example, during the interview process, the "inadvertently" display of financial resources convinces the job seeker of the authenticity of the "high salary", and in the interview process, the entry threshold is lowered, and the promise of higher salary is also proposed.
After that, the recruiting unit will require the job seeker to undergo plastic surgery or participate in training on the grounds of professional needs when pretending to sign an employment contract. This is a trap set by the recruiting unit to take advantage of the information asymmetry of job seekers in labor relations and their cherishing of job opportunities, and set up a trap of "good for you" on the surface.
The general process of recruiting beauty loans.
Photo / The author of this article
3) Trick the victim into taking out a loan
This is a "critical" step in the fraud process. Since most job seekers are new to the workforce and have no savings and cannot afford the cost of plastic surgery or training, loans become a matter of course.
In the "Recruitment Beauty Loan" routine, the medical aesthetic institution that generally provides plastic surgery for job seekers will take the opportunity to introduce the lending institution and promote the completion of the loan when it asks for high plastic surgery fees. In the "recruitment and training loan" routine, the recruitment agency generally guides the job seeker step by step or even directly uses the job seeker's mobile phone to complete the loan operation.
When job seekers are alerted to high loans, recruitment agencies will make false promises of full reimbursement, or semi-coerce job seekers to take out loans for plastic surgery or training with words such as "unable to officially join", "affect the regularization" and "affect the salary after the regularization" without training.
Once the loan process is completed, the loan amount will go directly to the cosmetic surgery agency or training institution.
4) Collect the net and run away
In the above process, the recruitment company generally does not really sign an employment relationship with the job seeker, and after the loan is completed, the so-called recruitment company will refuse to honor the job for various reasons, and even insult and slander the applicant with vulgar and bad language, forcing him to give up on his own.
Even if a labor contract is signed, job seekers often do not go to work after discovering that they have been deceived, and the recruiting unit will retort on the grounds that the job seeker does not fulfill his labor obligations. Some job seekers do not find out that it is a scam until the end of the training, and even if they go to work on time, the recruitment company will still take advantage of the loopholes in the employment contract to terminate the employment contract.
Although Orange lawyers use the term "recruitment company" when describing the fraud process, in reality, different parties may complete the steps such as posting advertisements, interviews, signing labor/training contracts, and collecting loans, and all parties will pass the buck and delay each other in the process of requesting a loan refund.
The company from which the victim received the interview invitation was not the same as the company where the victim eventually went to the interview.
Photo / Cover News
So, theoretically, what legal responsibilities do each subject need to bear?
Legal liabilities of all parties to the "Recruitment Loan" and the validity of the contract
If the above-mentioned companies are colluding with each other for the purpose of obtaining property benefits by providing false job offers to job seekers, the above-mentioned parties are suspected of joint crimes of fraud under Article 266 of the Criminal Code and are subject to criminal penalties. Among them, "the amount is relatively large" is "the value of public or private property defrauded is 3,000 yuan to more than 10,000 yuan".
Article 266 of the Criminal Law of the People's Republic of China: Where the amount is particularly huge or the amount is relatively large, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between three and ten years imprisonment and a concurrent fine; and where the amount is especially huge or there are other especially serious circumstances, a sentence of not less than 10 years imprisonment or life imprisonment and a concurrent fine or confiscation of property is to be given. Where this Law provides otherwise, follow those provisions.
In addition, the contracts signed between the job seeker and the parties are defective, and the loan company is suspected of other violations and crimes according to the specific circumstances.
1) Recruitment company: the validity of the labor contract
According to Article 18, Paragraph 1, Item 2 of the Labor Law, an employment contract concluded by fraudulent means is invalid ab initio.
Article 18 of the Labor Law stipulates that the following labor contracts are invalid:
(2) Labor contracts concluded by means of fraud, threats, or other means.
An invalid employment contract is not legally binding from the moment it is concluded. If it is confirmed that part of the labor contract is invalid, the remaining part shall remain valid if it does not affect the validity of the remaining part.
2) Loan companies: loan sharks, routine loans (fraud)
According to Article 148 of the Civil Code, the job seeker may revoke the loan contract concluded due to fraud, and the contract shall be invalid from the beginning after the revocation, and the loan relationship shall be extinguished, and the job seeker shall not be required to repay the loan.
Article 148 of the Civil Code: Where one party uses fraudulent means to cause the other party to carry out a civil juristic act contrary to its true intentions, the defrauded party has the right to request the people's court or arbitration institution to revoke it.
In addition to the crime of fraud, the loan company may also be involved in usury violations and may be subject to civil or criminal liability. Relevant judicial interpretations generally define "usury" as a loan in which the agreed interest rate exceeds four times the one-year loan prime rate (LPR) at the time of the conclusion of the contract, and the excess interest is not protected by law and will not be supported by the court.
Paragraph 1 of Article 25 of the Provisions on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases: "Where the lender requests the borrower to pay interest at the interest rate agreed in the contract, the people's court shall support it, except where the interest rate agreed upon by both parties exceeds four times the one-year loan market prime interest rate at the time of the conclusion of the contract." ”
Paragraph 1 of Article 680 of the Civil Code also clearly stipulates: "usurious lending is prohibited, and the interest rate of the loan shall not violate the relevant provisions of the state." It can be seen that the simple act of usury is a violation of civil law. Even if a job seeker is exposed to a loan shark, he or she is not obligated to repay part of the interest in excess of four times the LPR.
Photo / Weibo @未中央Procuratorate
In addition, if there is a circumstance of "regularly issuing loans to unspecified targets in society without the approval of the regulatory authorities, for the purpose of profit", it is an illegal lending behavior that disrupts the order of financial market management, and the lending company may face administrative penalties such as confiscation of illegal gains and fines, and in serious cases, the lending company and its related personnel may also be suspected of illegal business operations and need to bear corresponding criminal liability.
Article 1 of the "Opinions on Several Issues Concerning the Handling of Criminal Cases of Illegal Lending": "Where state regulations are violated by regularly granting loans to unspecified targets in society for the purpose of profit, without the approval of the regulatory authorities, or beyond the scope of business, disrupting the order of the financial market, and the circumstances are serious, it shall be convicted and punished as the crime of illegal business operation in accordance with the provisions of Article 225 (4) of the Criminal Law."
"Regularly issuing loans to unspecified targets in society" as used in the provisions of the preceding paragraph refers to lending funds to unspecified persons (including units and individuals) in the form of loans or other names more than 10 times within two years. ”
3) Medical cosmetology institutions/training units: non-compliance of medical cosmetology qualifications (medical cosmetology vs life cosmetology)
Similar to the loan contract, if the fraudulent nature can be confirmed, the contract signed between the applicant and the plastic surgery agency/training institution is voidable, and the contract will be invalid from the beginning after the revocation, and the other party will be required to refund the relevant fees.
How do individuals deal with "recruitment routine loans"?
Although the public security organs have launched a vigorous crackdown on job loans, such interlocking traps are still difficult to prevent. In response to the recruitment loan fraud routine, Mr. Orange provides you with the following tips:
1) Preserve evidence in a timely manner
In the process of applying for a job, if you feel that there is a risk of being unfavorable to you, you can use audio recordings to record on-site conversations, especially false promises such as reimbursement by the recruiting company. If you don't record it in time, you can show that you don't understand it and ask the other party to repeat it and record it.
In addition, when signing an employment contract, if the recruiting company is very impatient and unwilling to explain the relevant details, but only urges the job seeker to sign it quickly (even a blank contract), it is necessary to be more vigilant.
2) Call the police for help in time
Since the recruitment routine loan is suspected of fraud, in fact, the most direct and effective way to protect rights is to call 110 to call the police. At the same time, more victims can also be found to report to the police to provide more clues and evidence.
Before the news was reported, quite a number of victims had been deceived.
Photo / Cover News
3) Notice of termination of the labor contract
As mentioned above, an employment contract that is fraudulent in nature is void ab initio. However, the invalidity of an employment contract needs to go through labor arbitration or litigation procedures, and many job seekers expect to resolve the issue more quickly.
Therefore, if the employment contract itself does not include property transactions (for example, the employment contract does not contain training fee provisions), the employee can directly notify the employer to terminate the employment contract at any time during the probationary period, so as to prevent the employment contract from being restricted by the employer.
Article 32 of the Labor Law stipulates that under any of the following circumstances, an employee may terminate the labor contract at any time by notifying the employer:
(1) During the probationary period;
4) Labor arbitration, if the arbitration fails, the lawsuit will be filed
If the employment contract involves the payment of specific payments, it is more recommended that the job seeker confirm the invalidity of the contract through mediation or labor arbitration, so as to request the contract counterparty to return the paid training fees. If mediation and labor arbitration cannot reach a satisfactory result, a lawsuit may be considered.
Article 79 of the Labor Law stipulates that after a labor dispute has occurred, the parties may apply to the labor dispute mediation committee of their unit for mediation; One of the parties may also apply directly to the Labor Dispute Arbitration Commission for arbitration. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.
In addition, if you want to confirm the invalidity of the loan contract or medical cosmetology/training contract, you can directly file a lawsuit with the people's court.
5) Inquire about the qualifications of medical aesthetic institutions, physicians and medical aesthetic products, and make complaints
Whether it is providing cosmetic surgery services or as a recruitment company, the figure of medical aesthetic institutions often appears in the process of routine loans.
Job seekers can check whether the medical aesthetic institution has a "Medical Institution Practice License", the level of the medical aesthetic institution, and the practice status of the physician in the "National Medical Structure Inquiry" section of the official website of the National Health Commission. By checking the "Medical Institution Practice License", consumers can see the diagnosis and treatment subjects of the medical aesthetic institution. Once a problem is discovered, you can file a complaint with the local health commission and the market supervision and administration bureau.
http://zgcx.nhc.gov.cn:9090/unit/index
You can copy the URL to your browser to search for relevant information.
However, it is still not easy to protect the rights of "recruitment loans", and in the tug-of-war, the repayment of loans and their high interest rates has always troubled the victims. Therefore, it is all the more important for us to keep our eyes open beforehand.
Job seekers must be more cautious when encountering high-paying recruitment, irregular interview venues, confusion with companies during the recruitment process, unpaid benefits but asking for advance fees, and loans. In addition, you can also conduct a background check on the company, collect relevant information on various online platforms, and pay attention to whether the company has any related disputes before.
In addition, Orange would like to emphasize that women who fall into the trap of high salaries are 100% victims, and the idea of participating in the recruitment at that time is to put the shackles of self-proof on the victims who are already in trouble.
They may need anti-fraud education, but they never need moral judgment.