Joke Collection Website - Public benefit messages - After receiving the employment notice, I was told not to recruit.
After receiving the employment notice, I was told not to recruit.
In the process of recruitment and employment, if the employer acts in bad faith, that is, verbally or in writing, telling the applicant that he will not be hired, thus causing damage to the applicant, he shall be liable for breach of contract. For the candidates who have not signed the employment contract, the employer shall pay liquidated damages to the candidates after informing them that they can not be employed. According to Article 85 of the Labor Contract Law, the employer's liquidated damages shall not exceed the employee's salary for one month. The employer shall pay the corresponding remuneration to the candidates who have signed the employment contract. Because the employment contract takes effect from the date of signing, the employer shall abide by the contract, otherwise it will constitute a breach of contract. According to Article 95 of People's Republic of China (PRC) Contract Law, if one party breaches the contract, it shall be liable to the other party for liquidated damages and compensation for losses. Therefore, the employer should compensate the candidates for the economic losses caused by missing work. It should be noted that if the applicant has started to work, but the employer suddenly stops hiring, he should also settle the unpaid salary and compensate him for his economic losses according to law.
If the employer clearly knows that he can't hire a candidate, why should he inform him of the employment information? Some employers will receive a better candidate application after the interview, so they need to give up the candidate they promised before. In addition, to be on the safe side, some employers may inform the candidates orally or in writing first, and then carry out background checks and other verification work. However, this practice is likely to cause dissatisfaction among candidates, and it is recommended that employers handle it with caution.
If the employer voluntarily informs the applicant that he will not be employed before signing the employment contract, it shall pay liquidated damages for the applicant. If the applicant has signed an employment contract, but is told to stop employment before coming to work, the employer shall compensate the applicant for the losses caused. It is suggested that employers should keep honesty in the process of talent recruitment to avoid unnecessary losses to candidates.
Legal basis:
Article 85 of the Labor Contract Law of People's Republic of China (PRC) * * * Where an employer enters into a labor contract with an employee, providing false information and resorting to fraud or coercion to make the employee enter into a labor contract with the employer, the employer shall pay liquidated damages, which shall not be less than one month's salary.
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