Employment is the most basic livelihood of the people. In recent years, all localities and departments have focused on the key and difficult points in the field of employment, focused on the comprehensive policy of "expansion, promotion and pocketing", played a "combination punch" of employment stabilization policies, and a series of support and incentive measures for job stabilization and job expansion have taken effect and achieved positive results.
However, in the recruitment market, all kinds of chaos are still emerging in an endless stream - the trap of "recruitment and training" not only makes job seekers spend money in vain, but also delays job searching; Paid interview coaching, mixed institutions, and a large number of false publicity; Excessive background checks and invasion of privacy ......
At present, the spring recruitment market is heating up, and job application has become the focus of social attention. From today, the rule of law Jingwei Edition will launch a series of reports on "Rectifying the Chaos in the Recruitment Market in accordance with the Law" to promote problem solving and protect the legitimate rights and interests of job seekers, so stay tuned.
I was supposed to apply for the job, but I was deceived into spending money on training. After the training, we were not assigned a job at all. Recently, Lin Xin (pseudonym), a college student who graduated from a bachelor's degree last year, told reporters about his experience.
Lin Xin said that in October last year, she applied for a job in Yunnan Information Technology Co., Ltd., and the interviewer proposed that "only through practical training can she stay in the company on the grounds that she lacks technical ability and is not qualified for the position". In the end, she signed a pre-job training contract with the company and paid the training fee through the loan platform provided by the other party. However, after the training, the result did not go as he hoped - the other party offered a good job.
It's obviously a job hunt for work, but in the end, it becomes a money for training. The reporter's investigation found that similar situations occur from time to time, and in the process of job hunting, some employers or training institutions, under the banner of recruitment, claim to be able to provide jobs or part-time jobs, provided that job seekers participate in their designated pre-job training at their own expense to improve their skills. Many job seekers pay a lot of money for training and even take out loans in order to get employment opportunities, but when it comes time to provide jobs, they find that the bamboo basket is empty.
Before entering the company, you need to pay for training, and you don't have a job after the training
In the process of job hunting, Lin Xin encountered a lot of walls. Until I received an interview invitation from Yunnan Information Technology, the position I applied for was "**editing".
On the day of the interview, Lin Xin was very excited when she walked into the building where the company was located, looking at the people in suits and leather shoes, and the various rules and regulations on the company's wall, feeling that this was a very formal company with good development prospects.
Since I studied engineering cost in college, editing is just a hobby. After more than an hour of personal ability testing, the interviewer of the personnel department and the technical department "tactfully" told Lin Xin that her current technical ability is not qualified for the first-class editing position, and she cannot enter the company's project department.
Immediately afterwards, the interviewer introduced the company's strong strength to Lin Xin: "The project department has rich resources and experience, and you can have good learning opportunities and development prospects if you stay here", "The company attaches great importance to talent training, and the salary during the probation period is 4,500 yuan per month after completion, and it will reach 6,000 yuan to 8,000 yuan after becoming a regular person......
In the face of this hard-won "opportunity", coupled with the interviewer's repeated lobbying, Lin Xin finally decided to sign a pre-job training contract with this company. The contract states that Party A shall provide Party B with practical training services in accordance with the professional and technical direction selected by Party B, and the goal is to enable Party B to obtain the skills, professional quality and relevant project experience required to enter the enterprise to undertake relevant professional and technical skills. and promise to provide employment services for Party B and guarantee its employment.
For newcomers to the workplace, this commitment to secure employment is undoubtedly huge. Lin Xin told reporters that she noticed that there were 72 students in the same direction as her, basically fresh graduates and newcomers to the industry.
At the same time, the contract states that Party A clearly informs Party B that the on-the-job training is an equivalent paid project, and Party B must bear the corresponding costs if it voluntarily participates in the training and training. The duration of the training is 25 months to 3 months, the amount is 24,900 yuan.
24,900 yuan is not a small amount, and Lin Xin, who has just graduated, cannot afford it.
The company's personnel commissioner said that you can scan the code ** third-party loan platform loan to pay for training fees. Lin Xin recalled that after she scanned the loan payment, she found that she needed to repay 1,286 yuan per month, a total of 24 installments, totaling 30,864 yuan.
It was suddenly nearly 6,000 yuan more than the agreed 24,900 yuan, and Lin Xin didn't even ask why? In her opinion, as long as she has a stable income after training, she can pay off the loan quickly.
However, after the training, when Lin Xin and the other newcomers were full of confidence and ready to take up their posts, the company did not mention the matter of arranging work at all, and asked Lin Xin and them to find jobs by themselves.
We found the company's management, but the other party avoided the important and was extremely perfunctory, saying that the type of business responsible for each area is different, and this side is more focused on student training, and the project department is at the headquarters. Lin Xin said that when she offered to work in any project department, the other party "said that the project department was in Beijing for a while, and then said that the leaders of the project department were sent out, but they didn't talk about arranging work."
Lin Xin can only repay the loan while looking for a job. She told reporters helplessly: "My top priority is to find a job, and I really don't have the energy to defend my rights, and I don't know how to protect my rights and interests conveniently." ”
There are many tricks to deceive, and it is difficult to cancel the contract and get a refund
Wu Dan (pseudonym), a fresh graduate from Guizhou, encountered a similar situation not long ago. Without submitting her resume to a technology company in Guangdong, the other party learned that she was looking for a job somewhere, and took the initiative to call her and invite her to conduct an interview on the company's "**editing" post.
After the interview, the other party said that Wu Dan's editing speed was too slow, so he could only train as an apprentice first, and he could get a bonus of 3,000 yuan after passing the test at the end of the training, and the monthly salary was between 4,000 yuan and 7,000 yuan after becoming a regular.
According to the training agreement, the company provides training opportunities for Wu Dan at a cost of 20,000 yuan. Unlike Lin Xin, the company said that the training fee could be paid after Wu Dan became a regular, but if Wu Dan gave up the training halfway, he would be in breach of contract and would need to pay 5,000 yuan in liquidated damages.
After signing the contract, I talked about it with my relatives and friends, and everyone thought that U Thant had been deceived. Wu Dan immediately contacted the company's HR, saying that he wanted to see the content of the contract again, but the other party refused. Wu Dan said that he didn't want to participate in the training, and the other party said that "the company will contact you with legal counsel".
During the survey, many job seekers reported to reporters that they encountered the trap of "recruitment and training" in the process of application, and some companies asked for paid training before employment under the guise of "zero threshold, high-paying part-time job", etc., and the means of fooling people were full of tricks. A search on a complaint platform can reveal a lot of complaints from job seekers.
Fang Shu (pseudonym) from Jiangsu also encountered the trap of "recruitment and training" in the process of job hunting, and he borrowed 20,000 yuan on a platform to pay for the training fee. "I wanted to terminate the contract with the other party after I found out that something was wrong, but the other party kept pushing back. ”
Under the guidance of Fang Shu, the reporter found a job advertisement for a big data technology application company in Jiangsu on the Internet, and contacted the person in charge of the company, "Shaowen", as a job seeker.
After asking the reporter about his academic qualifications and employment experience, "Shaowen" recommended the position to the reporter, "Now the salary in the big data industry is quite high, basically you can master the relevant skills in one month", "The annual salary is more than 100,000 yuan", and assured the reporter that "if you apply for the class now, you will be able to get a job in April this year".
Of course, the training fee is not cheap: 35 days of offline classes, 18,800 yuan.
When the reporter asked about the employer, the other party said: "We will recommend you to the company we work with, such as the China project, the China project, the Su project, and so on." The basic salary is about 11,000 yuan per month. Big data technology is needed by any company. ”
In the process of communication, the reporter repeatedly confirmed with the other party whether it was a big data training institution, and the other party's reply was vague: "Training and employment complement each other, which is equivalent to an employment agreement class." ”
Improve the complaint handling mechanism and increase the degree of supervision and punishment
Before you are employed, you have to pay a lot of training fees, why do many job seekers fall into the trap of "recruitment and training"?
Attract job seekers with promises such as high income, low threshold, and no intermediary fees; Gradual denial of the candidate's abilities during the interview; Then offer to provide venues and learning opportunities to help job seekers improve their abilities; Use better job prospects in the future, higher salaries and other high returns to ** job seekers. Chen Jing, a psychological counselor in Beijing who has studied relevant cases, summed up the above routine.
She told reporters that generally speaking, the psychological status of job seekers and recruiters is not equal, and job seekers are often in a weak psychological position, and there is a desire to be affirmed and recognized by recruiters. The lower trapper has grasped the mentality of job seekers, so that job seekers are caught in high returns and good expectations in the future, so they make irrational choices such as taking out loans to pay for training. ”
Chen Jing said that in this process, some job seekers slowly realized some unreasonableness and wanted to terminate the training, while the recruiter through psychological hints that if they did not continue, then the promised bright future could not be realized, so that job seekers because of the sunk cost effect and avoidance, resulting in some job seekers taking out loans for training many times, until they could not continue the loan and did not achieve employment, only to find out that they were deceived.
Analyzing the "recruitment and training" routine, Chang Sha, a lawyer at Beijing Jingjing Law Firm, found that most of these job seekers have the following things in common: the threshold for submitting resumes is relatively low; Their own conditions are not very suitable for the job position; You don't have a deep understanding of an industry, but want to enter the industry; Beginners or newcomers to the workforce; The skill level is low, etc.
As a result, they tend to put their posture low and are willing to change their situation to meet the other person's requirements during the job search process. Chang Sha said.
Chang Sha analyzed that "recruitment, transfer and training" and "training loans" involve legal relations under the adjustment of criminal law, civil law, and administrative law. From the perspective of victims' experiences, employment, training, loans and other contents involve multiple administrative departments such as labor management, education management, and financial management, which also leads to difficulties in protecting rights to a certain extent.
From a formal point of view, many victims have signed so-called written agreements with the units involved in the case, stipulating the rights and obligations of both parties, which seems to be a very typical civil case, but it is difficult for victims to claim their rights through civil litigation in accordance with the law due to lack of legal knowledge and other issues. Chang Sha said that at present, courts in Shanghai, Beijing and other places have made similar judgments, investigating criminal responsibility for some "recruitment and training" and "training loans" as "fraud" or "contract fraud".
Relevant departments should further regulate online recruitment activities, guiding and urging online recruitment platforms to establish and improve systems for reviewing information releases. All platforms should strengthen the qualification certification of recruiting units and the real-name certification of information release personnel, standardize the information release process, establish a red and black list system for recruitment enterprises, and ensure that the information released is true, legal, and effective. Chang Sha suggested.
Industry insiders suggest that the communication between administrative licensing and labor security supervision and law enforcement should be strengthened, the information exchange mechanism of relevant departments should be improved, and the online recruitment platform should be guided and urged to improve the complaint handling mechanism.
Xiong Bingqi, president of the 21st Century Education Research Institute, suggested that colleges and universities should strengthen job search training and anti-fraud propaganda for students before they graduate, popularize knowledge of job search, loans, financial management, etc., and help students do a good job in career planning.
In the view of Liu Junhai, a professor at the Law School of Chinese University, the "training loan" trap persists, exposing loopholes in supervision and management. He suggested creating a regulatory mechanism for multi-departmental coordinated law enforcement, increasing penalties and crackdowns on institutions that carry out "training loans", enhancing regulatory deterrence, and purifying the online recruitment market environment.
The interviewed experts suggested that when looking for a job, you should fully consider your own strengths and ability level, and be vigilant if you encounter "broad prospects for future employment, but you need to participate in paid training", "as long as you pay for it, you can participate in recommended employment", etc., as well as excessive salary promises. If you encounter the above problems in the process of job hunting, you should immediately save the evidence so that you can protect your rights, and at the same time complain and report to the human resources and social security department or public security organ, so as to protect your legitimate rights and interests in a timely manner.