The fresh graduate who was broken by Tesla spoke out: the liquidated damages for the agreement were 0 yuan, and the other party gave a monthly salary

Nine News

2024-04-25 08:00Posted on the official account of Hubei Wuhan Morning News Jiupai News

Recently, someone posted on social platforms, saying that "Tesla broke the contract for fresh graduates".

The self-proclaimed broken contract said that when the spring recruitment was about to end, they suddenly received a notice from Tesla to withdraw their employment, and Tesla provided a unified monthly salary compensation, but it was very difficult to find a job at this point in time, and it would be even more difficult to find a job once the spring recruitment failed and lost the status of a fresh graduate.

"Before I went to work, I was unilaterally breached by the company, and I thank Tesla for letting fresh college students really become unemployed after graduation. ”

[1] Originally, the contracted work location was Shanghai

On April 24, Jiupai News contacted Li, a graduate of the undergraduate program. He said that he submitted his resume through the spring recruitment in March this year, and got Tesla's offer after three rounds of initial resume screening and three rounds of interviews.

When asked about the original employment date, Li said that it was written in the offer email, but because the two parties signed a confidentiality agreement, it was inconvenient to disclose the specific date.

On April 23, he was notified of the termination.

Li told Jiupai News that the position he signed up for was a Tesla R&D engineer at Tesla's Shanghai Gigafactory.

When asked about the reason for the termination, Li said that Tesla communicated with him on the phone about the termination of the contract at that time, saying that because there were some adjustments and changes in recruitment needs, his position had been cancelled at present, so his offer also needed to be canceled.

After that, Tesla sent a link to the termination notice (termination letter) by SMS, and after the signing was completed, he completely resigned from Tesla.

Li also revealed that the liquidated damages on the tripartite agreement were 0 yuan, but this termination of the contract gave the fresh graduates who signed the contract a compensation of one month's salary.

The letter of dismissal received by Mr. Li. Photo / Courtesy of the interviewee

Jiupai News called Tesla's HR department several times, but did not receive a response as of press time.

[2] Lawyer: The enterprise shall bear the liability for negligence in contracting

Regarding Tesla's legal responsibility in this matter, Jiupai News contacted Fu Jian, director of Henan Zejin Law Firm.

Fu Jian said that the signing of a contract between an enterprise and a fresh graduate is an offer and commitment in the civil law, and its content is that both parties sign to establish a labor relationship, which is legally binding on both parties. According to the laws of the People's Republic of China, the withdrawal of an offer shall be made after the offer is made and before it takes legal effect, and the notice of withdrawal of the expression of intent shall reach the counterparty before or at the same time as the expression of intent.

He said that the enterprise should bear the liability for negligence in contracting and compensate for the loss. Fresh graduates can negotiate with the company first, and if the negotiation fails, they can collect relevant evidence and file a lawsuit with the court where the enterprise is located.

Fu Jian also said that when the enterprise and fresh graduates sign a contract, there will be a tripartite agreement, and the students, enterprises and schools are bound by the agreement, the purpose is to protect the legitimate rights and interests of students from being harmed, not to be easily expelled and dismissed by the enterprise, and if there is a breach of contract, it is necessary to compensate for liquidated damages.

In principle, the enterprise can only change or terminate the agreement if it reaches an agreement with the student, but it can also be unilaterally terminated under the following circumstances: Party A (company) is revoked or declared bankrupt according to law, Party B (student) has not obtained the graduation qualification when registering, Party B is sentenced to criminal detention or above, etc.

He said that Tesla unilaterally terminated the agreement this time and failed to fully perform its obligations under the agreement, which was an infringement of the rights and interests of the corresponding graduates and a violation of the spirit of the contract. Fresh graduates can request Tesla to pay liquidated damages according to the agreement, and contact the school's employment management department to intervene. The issue of compensation shall be negotiated among the three parties, and the specific amount shall be determined according to the agreement, working hours, remuneration regulations, etc.

According to a previous report by Xinhua News Agency, on April 15, Tesla CEO Elon Musk sent an all-staff email saying that a round of layoffs of more than 10% would be launched worldwide. This is Tesla's fifth large-scale layoff since 2017, with the last round of layoffs occurring in June 2022. Based on Tesla's global workforce, the layoffs affect more than 14,000 employees.

Jiupai News reporter Gong Lingwei

Edited by Li Yang

[Source: Jiupai News]

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