Source: Workers Daily
Beware of "your party A does not exist"
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In the summer, many young migrant workers began to enter the job market, and many students chose to work-study and accumulate work experience as soon as possible, especially students from rural families, who are more expected to earn some income from their own labor and reduce the burden of their parents' work.
However, the "trap" of the recruiter's agreement is too much for young migrant workers who lack social experience, and the main body of the agreement may not even exist. The lawyer reminds that before signing the agreement, a basic background check should be done, and the part-time work of collecting deposits, deposits, and temporary withholding documents should be resolutely said "no".
Xie Liang, a 20-year-old from Yangxin County, Huangshi City, Hubei Province, had experience working in a small electronics factory in Guangdong two years ago. However, this summer, he was still pit by a job, and on the first day of employment, he chose to leave his job, and the so-called "job reservation fee" paid was also adrift.
After signing the agreement, it is not known that the subject does not exist
On June 17, Xie Liang saw a part-time recruitment information released by an educational institution on the recruitment software, which said that the summer vacation assistant teacher was 150 yuan per hour. Previously, most of his part-time work experience was manual work such as hourly work in fast food restaurants and piecework workers in factory assembly lines, but this time he tried the education industry and wanted to accumulate more practical experience for formal work in the future.
After two interviews, Xie Liang and 4 companions successfully applied for the job and signed the "Part-time Teacher Agreement (Outside the City)". Unexpectedly, on the first day of his employment on July 10, Xie Liang chose to leave his job.
Summer work is no stranger to Xie Liang, who went to Guangdong to work in the summer of his high school graduation in 2019 from his hometown in Yangxin County, Huangshi City, Hubei Province. "It was a small electronics factory that made Bluetooth headsets, and relatives introduced it in, and settled according to the completed quantity." In addition, he has also worked as an hourly worker in a milk tea shop and a fast food restaurant, "My parents have also been working in Zhejiang for many years, and they are very supportive of my self-sufficiency and earn some living subsidies." ”
After studying at a university in Wuhan for two years, Xie Liang wanted to try to earn money with his knowledge and turned to a part-time job in the education industry, so he began to make targeted searches on recruitment software. A part-time message released by an educational institution caught his attention, "It said that the summer vacation teaching assistant teacher was 150 yuan per hour, I thought it was worth trying, and later a teacher Bao of the institution communicated with me, and we determined the interview location and time." ”
Xie Liang shared this recruitment information with Wu Jun, Liu Di and other students, and everyone decided to go to the interview together. On June 20, Xie Liang and four other students participated in an on-site interview in an office building in Wuhan, where they inquired about their age, profession, part-time experience, etc., and reached an intention to hire. The next day, all five students signed a "Part-time Teacher Agreement (outside the city)" with the institution.
According to Xie Liang's recollection, he did not realize that the company name displayed on the recruitment software was inconsistent with the company name he knew on the day of the interview and the name of Party A displayed when the agreement was finally signed. He told reporters, "We thought that the treatment conditions were good, so we all decided to sign a contract and agreed to arrive at the post on July 9." ”
Hou Tao, a lawyer at Tahota Law Firm, pointed out that there are doubts about the identity of Party A in this agreement, which directly affects the validity of the agreement. First of all, the search of Party A on the agreement found that the national enterprise credit information publicity system and platforms such as Tianyancha and Enterprise Inspection showed that the subject was not registered for industry and commerce; secondly, judging from the seal used by Party A at the end of the agreement, Party A's seal did not have a corresponding seal number. Therefore, the subject of the agreement does not exist, it is a forged subject, so the agreement is not established. ”
Rights and obligations are not equal, and the working environment is discounted
On July 9, Xie Liang, Wu Jun, Liu Di and five other people followed the agreement and obeyed the company's arrangement to report to a location in Xiantao City, Hubei Province. Subsequently, the person in charge of Xiantao District informed them that the agreement stipulated that "there is no enrollment allowance for arriving at work after June 25", so their enrollment allowance was cancelled, and each person had to pay a living allowance of 200 yuan.
The reporter saw that the interpretation of the living allowance in the agreement is, "Party B voluntarily chooses whether to pay the post reservation fee of 200 yuan, the payer enjoys the living allowance, and if it is not paid, there is no living allowance." At the same time, it is stipulated that "Party B has not breached the contract, and the post reservation fee will be refunded uniformly on August 15, and the default will not be refunded." ”
In addition, the obligations stipulated in the agreement involve 4 items of work content, system management, labor discipline and other aspects, such as not going out privately, fines, dismissal, etc. Party A's obligation is only to "provide Party B's teaching environment and sufficient enrollment materials; and to pay Party B's work remuneration on time according to the terms of the agreement, and the payment time is September 10th". At the same time, the agreement also stipulates four additional circumstances in which Party A may terminate the employment agreement, not bear the liability for breach of contract and deduct all remuneration.
Combined with the above-mentioned judgment on the validity of the agreement, Hou Tao believes that the agreement itself is not established, the employer is a fictitious entity, so the rights and interests of the students cannot be protected at all in the case of the infringement of the rights and interests of the recruiter, such as not paying remuneration, being injured in the process of providing labor services, etc., in the absence of other evidence to prove the real labor service recipient.
He also pointed out that looking at the content of the agreement, the text basically stipulates the rights of the so-called "Party A" and the obligations of Party B, and the content of rights and obligations is obviously not equal. "The right of rescission of 'Party A' in the agreement is very arbitrary, laying the groundwork for 'Party A' to arbitrarily fail to perform the agreement or arbitrarily dismiss Party B in the later stage, and attaching a high amount of economic liability to Party B." At the same time, the specific content of Party B's work is not clear, leaving room for "Party A" to arbitrarily increase and adjust the work content.
According to Xie Liang, after reporting on the spot, he and his classmates went to the accommodation place arranged by the institution, but found that 5 people lived in the same room, and there were no corresponding living facilities such as beds, which was greatly reduced than the expected accommodation conditions. After being reminded by his family, Liu Di immediately left his job early in the morning of July 10, "Comprehensive judgment is not very reliable, afraid that there are more 'pits' behind, so 200 yuan did not find the school to want, directly left." ”
Job seekers are required to conduct background checks on the recruiter
Due to the bad impression of the job on the day of registration, Xie Liang and the other 3 students who stayed behind decided to negotiate with the head of the institution again. On the morning of July 10, after visiting the teaching environment, Xie Liang was told that there was currently a shortage of students, they needed to enroll before teaching, and there was no basic salary at the enrollment stage, only the enrollment commission. Subsequently, Xie Liang and 2 other students became more and more disappointed in the school's performance and decided to leave home together that day.
The reporter contacted Wu Jun, who finally decided to stay part-time that day, and said that the head of the school then signed a supplementary agreement with him, promising the minimum wage, but at the same time stipulating the enrollment obligations of teachers. "The school arranged for us to go to the crowded community and shopping mall to set up stalls to enroll, if the registration is successful, we will give a commission of 100 yuan, and the commission for students to come to class will be increased to 180 yuan."
On July 15, Wu Jun was finally told that the students had been recruited and could arrange classes. Talking about the reasons why I finally chose to stick to staying, Wu Jun said, "I didn't plan to go home during the summer vacation, I wanted to learn something while working part-time, anyway, I left on August 15, and I'm not sure how much I can get in the end." ”
It was not until the reporter contacted Xie Liang on July 22 that he found that because the communication time had exceeded 30 days, the relevant chat records on the recruitment software had been erased, and the recruitment position information could not be queried. When the reporter called the staff of the agency, the other party said, "The two names of the company are the same thing, and it is normal not to find it on the Internet." ”
In this regard, Hou Tao reminded that at present, the state is vigorously rectifying off-campus education and training institutions, and some of the acts of recruiting part-time teachers may themselves be suspected of violating the law. When looking for a job in this industry, a basic background check should be done to clarify whether the contracted entity has the qualifications to carry out this business, whether it has been registered for industry and commerce, whether the relevant work content is legal, whether the contracted entity is consistent with the online recruitment entity, and search the public opinion of the relevant company through public channels. At the same time, the terms of the agreement should be carefully read, the other party should be required to interpret the terms that are not understood, and the relevant terms should be corrected; through public channels, the company's industrial and commercial information should be queried, whether the stamped seal is consistent with the industrial and commercial registration information, and whether the seal has the corresponding code.
He also mentioned that "adults have full capacity for civil conduct, should have a clear understanding of the nature of their own behavior and maintain the necessary caution, keep the evidence information in the process of fixed performance of duties at any time, and resolutely say 'no' to part-time work of collecting deposits, security deposits, and temporary withholding documents." ”
(Interviewee is a pseudonym)
Liu Xiaoyan