Why am I always the one who's hurt?

It is very difficult for college students to find employment, but many of them are arrogant and arrogant. As China's talent market mechanism is still not perfect, there have been many violations of discipline. As a university graduate, you must have a clear understanding of laws and regulations, learn to use laws to protect yourself, obtain legal rights, defend your legitimate rights, and reduce unnecessary losses.

When graduates participate in corporate recruitment and interviews, what interests may be infringed? How to avoid these violations? If you have problems, you can ask for help from which organizations?

Looking for a job but being a "scapegoat"

Wang Li, a college graduate from Beijing, went to a company to apply for a job advertisement in a newspaper. The company asked her to leave a copy of her ID card and return home to wait for notice. After a few months, Wang Li still did not receive any message, she thought she was defeated. Unexpectedly, she has worked inexplicably to become a "shareholder" of a company of 1 million yuan, and was also brought to court, and was sentenced by the court to the first-instance judgment to pay off the debt, but did not leave the school but fell first "Fighting."

A graduate of Beijing Institute of Technology told reporters: "I have too many things to find a job. I have to pay a registration fee of 50 yuan for a unit, but what kind of physical activity is to sell and send flyers. Sell them physical strength. Not to mention that the wages have not been issued normally. Some students have been dismissed for unknown reasons for a few days, and there is really no way."

Expert suggestion: Students should first understand the background of the company before applying for work, and confirm in advance whether the employer has legal personality. Before signing the contract, you should first verify the company's identity: whether there is a business license issued by industry and commerce, taxation; whether it is legal; whether there is a fixed business place; whether the recruitment unit has the right to recruit, etc., so as not to make yourself vulnerable. In addition, you should learn more about legal knowledge. In this way, when you encounter difficulties, you will not be sighed that "the book is less than the prescription."

The contract became a "selling deed"?

A company in Beijing stated that Zhang Jinling of the Central University for Nationalities had a high salary, but it was conditional on not giving employees social insurance. The person in charge of the company explained that the money is not a single point, it is the same. However, afterwards, Zhang realized that there is no guarantee, even if there is a high salary, it is not appropriate. However, the person in charge of the unit rejected his request on the grounds that this was a prescribed contract and said that it could not be changed. Zhang was forced to quit.

Expert advice: This is also illegal. There are illegal clauses in the contract. Although the clause is invalid, it is easy to cause disputes with the company. The labor contract is divided into a fixed-term labor contract, a non-fixed-term labor contract, and a labor contract with a certain work period. There are seven kinds of clauses: contract term, work content, labor conditions and labor protection, labor compensation, labor discipline, Contract termination conditions, violation of labor contract. Some companies provide contracts that stipulate that labor compensation is “not lower than the minimum wage in this city”, which is actually equivalent to no regulations. In addition, the post is an important part of the labor contract. In terms of job appointments, graduates should take care to avoid “the employer can change the terms of the labor contract at any time as needed”.

It should be noted that although the agreement is not a labor contract, it also involves the issue of liquidated damages, so think twice before signing the agreement.

"Three gold" cannot be negotiated

Not long ago, Xiaolin, who was well-known in the design of copywriting, was “digged away” by a high-paying advertising company. When negotiating the salary amount, the company’s CEO said: “Our company’s employees have not paid the 'three golds’ by consensus, because everyone is highly qualified and very popular in the talent market. If they leave the company, they will be able to I found a job. In the past few years, no employee left the company and lost his job. Since he is not unemployed, is it not paid in time for the unemployment insurance premium? Moreover, the company’s wages for employees are high, and there are commercial life insurance and commercial medical insurance. Money. So, I hope that you will agree with the company."

Kobayashi thinks that the amount of salary given by the company is quite satisfactory, and he is such a talent, and he will not find a job. Moreover, the company's approach also saved a lot for itself, so I agreed.

Experts suggest: Participate in social insurance and pay unemployment insurance premiums. It is not that the employer can not participate if it says that it does not participate, nor does it agree with the laborer.

The Labor Law clearly stipulates that employers and workers must participate in social insurance in accordance with the law and pay social insurance premiums. Article 4 of the Measures for Urban Workers' Endowment Insurance in Shanghai stipulates that: the unit has the obligation to pay the endowment insurance premium for the incumbent, and the incumbent has the obligation to pay the old-age insurance premium for himself. The right of the incumbent to be paid by the employer for the endowment insurance premium and the pension entitlement after retirement is protected by law, and no unit or individual may infringe.

Unit hires permanent temporary workers

Promised to a three-month apprenticeship, but was dismissed three months later. Although he has found a new unit, Xiao Li, from the Beijing Institute of Fashion, has been depressed by the job experience of eating white food.

Xiao Li signed a trial contract with a clothing design company in Beijing before he graduated. During the three-month period, he designed a lot of copywriting, but in the end he was dismissed on the grounds that his work was unqualified. The six people who entered with him at the same time encountered the same experience.

Because the basic salary of the probationary staff is 1/4 of the formal staff. Therefore, the next day, the company recruited six new people, of course, the same trial for three months. Labor insurance supplies, material rewards, various insurances and other benefits cannot of course be treated in the same way as regular employees. In this way, another group of students were squeezed by the unit to obtain the fruits of labor. The probationary period was too long and was dismissed in the name of a problem. This is a common phenomenon encountered by college students looking for work.

Expert suggestion: The probation period is the time limit agreed between the employer and the employee for mutual inspection and understanding of the other party. The "Beijing Municipal Labor Contract Regulations" stipulates that if the contract period is within one year, the trial period shall not exceed 30 days; the contract period shall be between one year and two years, and the probation period shall not exceed 60 days. If the probation period is too long, it is an act of infringement of student rights. It is worth mentioning that some employers confuse the probationary period with the one-year probationary period of college graduates, and put the relevant provisions of the probationary period into the probationary period, leading to the violation of the rights and interests of graduates. During the probationary period, the employer must sign a probationary labor contract, pay the probationary salary, and also insure the laborer.