On April 23, many netizens posted on social platforms that as a fresh graduate who got an offer, he was broken by Tesla, and the compensation standard was one month's salary.
On April 24, a student who posted told Red Star News that now that the school recruitment is about to end, he can only find a new job, and there is no good news at present, and the new job "as long as the professional counterpart is willing to ask me". On the same day, Tesla responded to the Red Star News reporter that it would not respond to this matter.
Screenshot of netizen comments
In an interview with a reporter from Red Star News, a lawyer said that this breach of contract should bear the fault of the contract, and the compensation for one month's salary is in line with the current judicial practice, and it is difficult for students to claim more compensation or require Tesla to continue to fulfill the offer.
Fresh graduates who got an offer:
Breaking the contract when he was about to graduate, he urgently applied for a job and "if someone wants to go"
Starting from April 23, a number of netizens posted on social media that as a fresh graduate who got an offer from Tesla, he was notified to cancel the contract at the end of the spring recruitment. In the comment area, many people said that they had the same experience, and hoped that companies with recruitment needs would pay attention to themselves and give them some opportunities.
Xiao Li from Beijing Institute of Technology told the Red Star News reporter that he got the offer in the autumn recruitment in October last year, and then he also got offers from other companies one after another, and chose Tesla after a comprehensive comparison. Since this spring, she has been preparing for graduation and has not continued to look for a job.
On April 15, when she saw the news of Tesla's layoffs, Xiao Li said that she asked whether there would be any changes in the HR of the docking, and the reply she received was that fresh graduates would not be affected. But at noon on April 23, Xiao Li received a call from HR, informing her that she had terminated the offer, and explaining that it was the decision of the North American company, and that they also wanted to try to retain these fresh graduates, but they were unsuccessful.
Xiao Li said that in addition to the compensation of one month's salary, HR also used her personal relationships to recommend some other job opportunities. At present, Xiao Li is looking at new job opportunities and has sent a message to the company that rejected the offer before, but there is no good news at the moment.
Xiao Li reluctantly said that unlike last year's autumn recruitment, which seriously considered salary, enterprise development, city, etc., her current requirements for work are as long as the professional counterpart is willing to ask for herself, and if she can't find a job before graduation, she will consider applying for delayed graduation or public examination.
Lawyer's Statement:
The enterprise's behavior is a breach of contract, and it shall bear the liability for negligence in contracting
Tesla CEO Elon Musk said in an internal email to employees on April 15 that the company would lay off more than 10% of its global workforce to cut costs and increase productivity. A few days later, Tesla announced layoffs in China. According to the information posted on social media by some of the laid-off employees, the layoff process is very short, and the compensation standard is mostly N+3.
Tesla CEO Elon Musk. According to Visual China
It is reported that in the storm of contract breaking of fresh graduates that was exposed this time, the poster's positions include technology, supply chain, technology, etc. In this regard, on the afternoon of April 24, a Red Star News reporter contacted Tesla's public relations, and the other party said that it would not respond to this matter.
Cases of breaking contracts with fresh graduates near the graduation season have also occurred before, such as the breach of contracts by China Innovation Airlines in May 2023 and the breach of contracts by Li Auto in May 2022, which have attracted a lot of attention.
Lawyer Yao Junchang, a senior partner at Beijing Weiheng Law Firm, said that this kind of behavior is a breach of contract and needs to bear the liability for negligence in contracting, and the standard of compensation for one month's salary is in line with current judicial practice. Yao Junchang believes that it is difficult to achieve the request of some students for more compensation or to continue to fulfill the offer, "The offer is an offer, and the two parties have not formed an agreement to establish an employment relationship, so they cannot ask for compulsory performance." ”
Zhou Zhaocheng, a lawyer at Beijing Anjian Law Firm, believes that if the two parties clearly agree on the amount or standard of compensation in the employment notice, then the agreement should be implemented. If no compensation is agreed, the job seeker can claim based on the actual loss, including the expenses incurred by the job seeker in preparing for employment, the loss of income due to the loss of job opportunities, etc., but it is necessary to provide sufficient evidence to prove their loss.
Li Jing, a lawyer at Beijing Real View Law Firm, told Red Star News that the labor law and labor contract law do not apply to disputes between fresh graduates and enterprises, and can only be implemented in accordance with the terms of the contract agreed in the Civil Code, which is very unfavorable to the graduates. "If we want to make a change, we can only hope that the Supreme People's Court and other institutions will issue special judicial interpretations or regulations on this issue to restrain the behavior of enterprises. ”
Red Star News Chief Reporter Wu Yang and Special Reporter Liu Yaya report from Beijing
Edited by He Xianxian, edited by Guan Li
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