Does the employment notice have legal effect? Let's get to know each other.

Employment Notice Case 1: Arbitration result: The Labor Dispute Arbitration Committee holds that the employment notice sent by the company to Lu is an offer with specific contents, which will take effect when it is delivered to Lu, and the employer shall be bound by all the contents of the offer. Lu's consent after receiving the notice means that both parties have reached an agreement on all the contents of the offer letter, which is legally binding on both parties. In this case, Lu resigned from his original job in order to sign the contract, which was entirely based on his reasonable trust in the notice. Because the company can't prove that Lu did ask for benefits from some suppliers, it decided not to hire Lu based on hearsay and should bear the liability for breach of contract. Lawyer's statement: This case is a dispute caused by the issuance of the admission notice, and the focus of the dispute lies in the nature and effectiveness of the admission notice. Although the Labor Law and other labor laws and regulations do not stipulate these issues, according to the provisions of the Contract Law, the letter of appointment belongs to the "offer" in legal attribute, which is a recruitment offer sent by the employer to the job seeker. According to the general principle of contract law, the conclusion of a contract should go through two procedures: offer and acceptance. The so-called "offer" is the expression of intention to conclude a contract with others. The so-called "acceptance" means that the offeree agrees that the contents of the offer are expressed by the intention of forming a contract. The acceptance notice takes effect when it reaches the offeror, and the contract is established. The letter of offer mentioned in this case was sent to Lu by the company, and both the offeror and the offeree are specific; At the same time, the employment letter clearly stipulates Lu's registration time, job position, salary and welfare benefits, and also clearly indicates that the company will sign a labor contract with Lu. According to the principle of contract law, the letter of offer fully conforms to the characteristics of the offer. After receiving the letter of employment, Lu said that he agreed to the company and was willing to sign a contract, which was a promise to make an offer to the company. At this time, the letter of offer is legally binding on the company and Lu, and any party who violates it will bear the liability for breach of contract. Therefore, the company refused to sign a labor contract with Lu without conclusive evidence to prove that Lu demanded benefits from the supplier, which was a breach of contract and should bear the corresponding liability for breach of contract. So, are all job opportunities irrevocable? The answer is no, the legal nature of the employment notice will vary with the form or content of the record.

Case 2: In September 2007, a large advertising company recruited an HR manager, and the headhunting company recommended a Miss Zhang who had worked as an HR in a private real estate company. Although the treatment given by this advertising company is not as good as that of the original company, Miss Zhang took a fancy to its development space and prospects. After two interviews, both sides were satisfied. The advertising company sent a written letter of intent to Miss Zhang, which read: "... our company is very satisfied with your performance. I hope you can come to our company to discuss the employment before June 8, 2007." Miss Zhang resigned from her former company. However, shortly after Miss Zhang resigned, the advertising company told her that she had not been hired for the time being because the resigned employees did not leave. Miss Zhang suddenly changed from "sweet cake" to unemployed, so she claimed compensation from the advertising company. However, the company believes that the letter of intent sent by the company to Miss Zhang is an invitation to offer, which does not necessarily mean that the company will sign a labor contract with Miss Zhang. The loss caused by Miss Zhang's resignation was caused by her own carelessness and had nothing to do with the company, so she refused to bear the liability for compensation. Lawyer's statement: The focus of the dispute in this case lies in the nature of the letter of intent for employment. According to the general principles of contract law, this letter of intent is an invitation to offer. The so-called invitation to offer means that one party invites the other party to make an offer to himself. Invitation to offer is the preparatory behavior of the parties to conclude a contract, and it has no legal effect on the inviter or the invitee. After the invitation to offer is issued, the inviter withdraws the invitation, and as long as it does not cause losses to the bona fide counterpart, the inviter generally does not bear legal responsibility. In judicial practice, an offer and an invitation to offer can usually be distinguished according to the wishes expressed by the parties, the contents of the contract proposal, whether it includes the main terms of the contract and the trading habits. An offer embodies the intention of the offeror to conclude a contract, and its content is relatively clear and specific, usually including the main terms of the contract; Invitation to offer does not have such characteristics. According to the above analysis, the letter of intent involved in this case, from the content point of view, the advertising company has not yet decided to hire Miss Zhang, only expressed the intention to hire, and invited Miss Zhang to negotiate; Moreover, the letter of intent is not clear about Miss Zhang's position, work place and work treatment. It can be seen that the letter of intent is an invitation to offer, and the company is not bound by it. Miss Zhang rashly resigned from the original unit and should bear the corresponding losses. Through the analysis of the above two cases, we find that the employment notice can be divided into two types: offer and invitation. In order to reserve the right to decide whether to sign a labor contract in the end, it is suggested that the employer make employment notices according to the characteristics of the invitation to offer, and use the employment notices of the nature of offer as little as possible. If a notice of employment is issued, we should deal with the corresponding risks from the following aspects: First, list the exceptions of non-employment one by one in the notice of employment, so as to retain certain initiative in employment. Second, once the employment notice is issued, if there is still a chance to withdraw or cancel it, we must seize it. Before the employment notice is delivered to the hired person, the employer may withdraw the employment notice. It should be noted that the withdrawal of the employment notice must reach the hired person in advance or at the same time; Before the candidate makes a promise, the employer can cancel the employment notice, but the cancellation notice must arrive before the candidate makes a promise, and it does not have the following irrevocable circumstances: (1) The employer has set the time limit for the candidate's reply or made it clear in other forms that the employment notice is irrevocable; (2) The person to be hired has sufficient and reasonable reasons to think that the employment notice is irrevocable and is ready to perform the contract, such as resigning from the original unit. Third, once the employment notice is issued, it has legal effect. Unless it is revoked or revoked according to law, the employer shall not unilaterally change its contents, such as jobs, wages and benefits, etc. Fourth, the employment notice is not the same as the labor contract. Once an employee is hired, the employer should still sign a labor contract with him in time according to law to avoid bearing the corresponding legal consequences. If the agreement in the labor contract is not clear, it shall be implemented in accordance with the relevant contents in the employment notice.

Legal provisions: Article 13 of People's Republic of China (PRC) Contract Law states that the parties conclude a contract through offer and acceptance. Article 14 An offer is an expression of intention to conclude a contract with others, which shall meet the following conditions: (1) The content is clear; (2) The offeror is bound by the expression of will by indicating that he has accepted the offer. Article 15 An invitation to offer is an expression of intention to expect others to make an offer to themselves. Article 16 An offer takes effect when it reaches the offeree. Article 17 An offer may be withdrawn. The notice of withdrawal of an offer shall reach the offeree before or at the same time. Article 18 An offer may be revoked. The notice of revocation of an offer shall reach the offeree before the offeree issues the notice of acceptance. Article 19 An offer may not be revoked under any of the following circumstances: (1) The offeror has specified the time limit for acceptance or otherwise clearly stated that the offer is irrevocable; (2) The offeree has reason to believe that the offer is irrevocable and has made preparations for the performance of the contract. Article 21 Acceptance is an expression of the intention of the offeree to agree to an offer. Article 22 An acceptance shall be made by way of notice, unless the trading habit or offer indicates that an acceptance can be made through behavior. Article 25 When the acceptance comes into effect, the contract is established. Article 26 A notice of acceptance shall take effect when it reaches the offeror. If the acceptance does not need to be notified, it will take effect when the acceptance is made according to the requirements of trading habits or offers.