What should I do if “high-end talents” are not trustworthy when they leave after taking the account?
Chinanews client, Beijing, February 24th (Peng Ningling) For many “beijing”, it is a dream to settle down in Beijing. After all, there are too many elements of settlement involved in a paper account. . Therefore, in the job market in Beijing, “settlement” has always been absolutely attractive to job seekers.
However, in recent years, incidents such as “employees leave after they have obtained their household registration” and “compensation by the company for resignation after settled down” have occurred constantly. Some people go to court, and some choose high compensation to solve them silently. So, in big cities, are the liquidated damages set by companies reasonable? What should I do if the “high-end talents” recruited by the account are not trustworthy?
2 employees settled in Beijing After a month’s resignation, he was sentenced to a compensation of 100,000.
Recently, #爱奇艺Employees settled in Beijing and after leaving the job was sued # on the topic list.
According to information from the Judgment Document Network, on July 18, 2018, employee Peng joined iQiyi as an R&D engineer. The two parties signed a three-year labor contract.
Before joining the company, the two parties also signed the “Non-Beijing Employee Settlement Agreement”: Party B (Peng) voluntarily promised to work for Party A (iqiyi) for 5 years without interruption. If Party B resigns and does not agree to renew the labor contract during the service period, Party B voluntarily promises to pay compensation to Party A in accordance with the principle of honesty and trustworthiness. The compensation standard is RMB 50,000 multiplied by the number of years of service. Monthly calculation.
In December 2019, Peng’s household registration and entry procedures were completed by iQiyi Company. On February 28, 2020, Peng proposed to resign for personal reasons. On March 27, both parties terminated their labor. relationship.
Before resigning, Peng’s monthly pre-tax salary was 28,500 yuan + subsidy of 500 yuan. Iqiyi believes that the actual loss caused by Peng’s resignation to the company far exceeds the agreed amount, and Peng is required to compensate The economic loss was 166,000 yuan. Peng argued that iQiyi did not provide him with more opportunities for promotion, because he was asked to resign due to unfair treatment by the company and had nothing to do with completing the settlement procedures.
Beijing Haidian District People’s Court found that Peng knew that the five-year service period was stipulated in the agreement signed by him, and he resigned two months after completing the formalities for household registration and entering Beijing, which violated honesty. According to the principle of credit, the first instance ordered Peng to compensate 100,000 yuan for losses to iQiyi. Both Peng and iQiyi appealed against the judgment of the first instance. On January 29, 2021, Beijing No. 1 Intermediate People’s Court upheld the original judgment in the second instance.
This news triggered a heated discussion among netizens:
“Our company also has it. He left the company as soon as the company settled down. The boss is invincible and depressed.”
< p>”When you settle down, you resign, isn’t it tantamount to cheating? Buy an account for 100,000, and there will be more of this in the future.”
“Buy an account in disguise! There should be relevant laws to justify this. Referee!”
“Should be included in the list of dishonest people!”
The sweet pastry in the job market: “Scarce Resources” Beijing Hukou
Is it a job search strategy to settle down and resign?
It can be seen from the comments of some netizens that incidents like “settling down and resigning” are not uncommon.
Searching through the Judgment Documents Network for cases with keywords “2020, Beijing, settlement, resignation, labor dispute”, we can find more than 30 relevant legal documents. Among them, there are 10 first-instance case documents that directly involve settlement disputes at the time of resignation.
In many adjudication cases, companies claim that “Beijing Hukou is socially scarce” and demand compensation from employees.
For foreigners who come to Beijing to work hard, Beijing Hukou is indeed a veritable “scarce resource”. In August 2020, the Beijing Municipal Bureau of Human Resources and Social Security announced that in 2020, a total of 122,852 people in Beijing submitted online applications for settlement of points. In this year, the Beijing Municipal Bureau of Human Resources and Social Security announced that only 6032 people would qualify for settlement.
“Buying a house, children going to school, retirement pension, old-age care treatment… If you want to take root in a big city, hukou is still very important.” Sun Lin graduated from the Department of Economics of Zhejiang University and was looking for a job in 2017. Among the olive branches of several securities companies and banks, Sun Lin chose to work as a management trainee at a bank in Beijing, provided that the Beijing account was granted here.
Sun Lin said that this bank is not the best in terms of wages. After joining the company, he will go wherever he needs it. “However, considering that the first job is not settled, it will be difficult to settle in Beijing in the future, so I chose here.”
For many job seekers, in reality, hukou and career choice are inseparable Yes, in Beijing where “a household is hard to find”, it seems that it has become a strategy to temporarily live “under the fence” for the purpose of hukou.
Zhou Hua, who has been engaged in human resources work in Beijing for many years, has contacted many job seekers who have settled down as their top priority. He said that there are very few units that can provide places to settle in Beijing. Generally speaking, in the entry offer or contract, the unit will directly tell the job applicant that they need to serve at the unit for at least 5 years or more and agree on liquidated damages or compensation. gold. The amount of default is generally linked to the employee’s position, salary, and years of unservice.
Zhou Hua said that considering that going to court will cause employees to leave a “documentary”, affect their integrity, and even directly affect their next job, some employees would rather bear high compensation than Choose to go to court.
In Zhou Hua’s impression, there was a Changsha girl who joined a company affiliated to a Beijing university and research institute. One year later, she chose to quit, and her compensation amounted to 750,000 yuan. Before that, Sun Lin also had a colleague who had obtained a household registration and left early, and chose to directly pay the company tens of thousands of yuan in accordance with the contract.
“As companies may pay more for this, in recent years, companies that can provide hukou have become more cautious in recruiting.” Zhou Hua said.
“Account settlement penalty” The agreement is invalid in principle.
Account registration is difficult to obtain, but employees should abide by integrity
It is worth noting that in the dispute between Peng and iQiyi, the People’s Court of Haidian District, Beijing Failed to support the liquidated damages agreed upon by enterprises and employees in handling the registered permanent residence in this city.
Article 25 of the “Labor Contract Law of the People’s Republic of China” stipulates: “Except for the circumstances specified in Article 22 and Article 23 of this law, the employer shall not agree with the worker that the worker shall bear the liquidated damages. “Among them, the provisions of Articles 22 and 23 are that the employer provides special training for workers, protects the employer’s business secrets and confidential matters related to intellectual property rights.
In other words, from a legal point of view, the agreement of “liquidated damages for settlement” is not recognized. In many cases, the liquidated damages agreed upon by the company and employees for settlement have not been recognized by the court.
“From the perspective of the refereeing direction guided by the relevant meeting minutes of the Labor Contract Law and the Supreme Law promulgated last year, only stipulating liquidated damages on settlement issues violates the mandatory provisions of the law.” Beijing Dexiang Lawyer An Xiang, the director of the firm and deputy director of the Civil Law Committee of the Beijing Bar Association, told Chinanews.com.
But at the same time, considering that some employees tried to obtain a hukou in the name of the unit’s entry into Beijing at the beginning, and then immediately broke the contract, in judicial practice, this violation of honesty and credibility by workers will not be recognized “This kind of behavior has constituted a fraud element, and the judicial failure to deal with it will have the effect of helping the abuser.” An Xiang said.
Therefore, in the dispute between Peng and iQiyi, the Beijing Haidian District People’s Court and the Beijing No. 1 Intermediate People’s Court both regarded Peng as violating the principle of good faith and working in accordance with his unsatisfied agreement. The actual situation of the number of years, and his resignation has brought certain losses to the company in terms of talent introduction and recruitment of people in the same position, and caused the company’s labor and expenses for the settlement procedures to fail to achieve the purpose, so Peng was judged as appropriate The company should be compensated for the loss of 100,000 yuan.
In response to netizens’ opinions that the corresponding “disguised trading” should be cracked down, experts said that if the law cannot match the cost of illegality with its benefits, and the cost of illegality is higher than the benefits derived from illegal activities, it is obviously not Conducive to social management.
“We should move towards further cracking down on such violations of honesty and credibility. There should be clearer criteria for judgment, such as the Supreme Law setting a unified standard, rather than just handing it over to the judge to resolve it on a case-by-case basis. “An Xiang said. (At the request of the interviewee, some of the names in the article are aliases) (End)