Tesla was blown up to "break the contract with fresh graduates"
On April 24, it was reported that Tesla recently laid off employees around the world and canceled many job offers (Offers) for fresh graduates, which has attracted widespread discussion and attention.
Many netizens posted on social platforms that "Tesla broke the contract for fresh graduates", and some netizens said: The company unilaterally breached the contract before going to work, and thanked Tesla for letting the fresh college students really become unemployed after graduation......
There are also netizens who posted job hunting, at the end of April, when the spring recruitment was almost over, chanting "begging to be accepted", in the comment area, many car companies such as Zeekr, Weilai, Geely and so on extended an olive branch and took in heartbroken fresh graduates......
Some netizens said in the comment area that they were non-fresh graduates, and their social recruitment was also canceled by Tesla's offer-
Some netizens broke the news that Tesla may have canceled all offers from fresh graduates, and also paid a month's liquidated damages to each affected graduate as compensation, but this information has not received a clear official response.
In the early morning of April 24, Tesla released its first-quarter earnings report and held a conference call, and its stock price rose sharply after hours. According to the first-quarter financial report, Tesla's operating income in the first quarter was US$21.3 billion, down 9% year-on-year and 15.4% quarter-on-quarter, net profit (GAAP) was US$1.129 billion, down 55% year-on-year, "halved" year-on-year, total gross profit was US$3.696 billion, down 18% from US$4.511 billion in the same period last year, and total gross profit margin was 17.4%, down 1.9 percentage points from 19.3% in the same period last year. Regarding the decline in first-quarter results, Tesla said that it was mainly due to the decline in vehicle deliveries, partly due to the renewal of the Model 3 production line at the Fremont plant and the production disruption at the Berlin plant.
According to the earnings report, the company recently carried out a cost-cutting campaign (10% layoffs) to improve operational efficiency. Tesla's chief financial officer said on the earnings call that the layoffs have been fully completed.
was broken by Tesla, and the fresh graduates spoke out
The self-proclaimed person who broke the 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.
[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. Source: 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.
Source: Linzi released a comprehensive orange persimmon interactive client, China Securities Journal, Dahe News, and Jiupai News