Is false recruitment illegal?

False recruitment is illegal. To bear legal responsibility, network users and network service providers shall bear tort liability if they use the network to infringe upon the civil rights and interests of others.

1. If the employing unit recruits personnel to provide false recruitment information and publish false recruitment advertisements, the administrative department of labor and social security shall order them to make corrections and may impose a fine of less than 1000 yuan; If damage is caused to the party concerned, it shall be liable for compensation.

Two, the employer shall have the following acts:

(1) Providing false recruitment information and publishing false recruitment advertisements;

(2) Seizing the resident identity cards and other certificates of employees;

(three) to collect property from workers in the name of guarantee or other names;

(four) to recruit minors under the age of 16 and other personnel who are not allowed to recruit according to the laws and administrative regulations of the state;

(five) to recruit people without legal identity documents;

(six) to seek illegitimate interests or engage in other illegal activities in the name of recruiters.

Third, publishing false recruitment information is illegal and fraudulent. The punishment standard is as follows:

(1) If the published recruitment information is untrue or illegal, the administrative department of human resources and social security shall order it to make corrections and may impose a fine of 1000 yuan; Illegal income, confiscate the illegal income;

(two) if the circumstances are serious, the human resources service license shall be revoked; Those who cause damage to individuals shall bear civil liability according to law.

Fourth, the network platform should be cautious beforehand and supervise afterwards.

Article 13 of China's Measures for the Administration of Internet Information Services stipulates that Internet information service providers should provide good services to Internet users and ensure that the information provided is legal.

The Civil Law stipulates that after the recruitment platform actively discovers false information, it should delete or disconnect the link in time. After receiving the notice from the right holder or the complaint from the infringed, it should take necessary measures in time to delete, block and disconnect the false information.

Verb (abbreviation of verb) The responsibility of the network platform is based on the premise of not fulfilling the duty of care.

The prerequisite for the recruitment platform to assume legal responsibility is that it has not fulfilled its prudential obligations. Its responsibility is embodied in the provisions of the Civil Law.

In short, after job seekers encounter false recruitment on the recruitment platform, individuals or enterprises that publish false recruitment information become the first tort liability person, and job seekers can claim tort losses from them according to the Tort Liability Law. At this time, job seekers whose rights have been violated have the right to ask the recruitment platform to take measures. If the recruitment platform does not act, it should be jointly and severally liable for the loss of job seekers. Of course, if the recruitment platform conducts active online communication behaviors such as editing false information, it should bear joint and several liability for all the losses of job seekers.

Legal basis:

Article 222 of the Criminal Code of People's Republic of China (PRC).

In the crime of false advertising, advertisers, advertising agents and publishers use advertisements to make false propaganda of goods or services in violation of state regulations. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention, and shall also or only be fined.

Article 223

In the crime of colluding in bidding, bidders collude with each other in bidding quotation, which harms the interests of the tenderee or other bidders. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined.

Bidders and tenderers who collude in bidding and harm the legitimate interests of the state, collectives and citizens shall be punished in accordance with the provisions of the preceding paragraph.

People's Republic of China (PRC) Civil Code

Article 119 Internet users and network service providers who use the Internet to infringe upon the civil rights and interests of others shall bear tort liability. Where there are other provisions in the law, those provisions shall prevail.

Article 1 195 remedies and tort liability of internet service providers. If an Internet user uses Internet services to commit infringement, the obligee has the right to notify the Internet service provider to take necessary measures such as deleting, blocking and disconnecting links. The notice shall include the preliminary evidence of infringement and the true identity information of the obligee.

After receiving the notice, the network service provider shall promptly forward the notice to the relevant network users and take necessary measures according to the preliminary evidence of infringement and the type of service; If necessary measures are not taken in time, the expanded damage shall be jointly and severally liable with the network users.

If the obligee causes damage to the network user or network service provider due to the wrong notice, it shall bear the tort liability. Where there are other provisions in the law, those provisions shall prevail.

Article 119 Joint and several liability of network service providers If a network service provider knows or should know that network users use their network services to infringe upon the civil rights and interests of others and fails to take necessary measures, it shall be jointly and severally liable with the network users.