After hiring, the employer agrees to go back on his word. How can the workers protect their rights?

The employer agrees to the employment and reneges after sending the employment notice, which belongs to the liability of contracting fault. Workers can defend their rights, and if losses are caused, they can also ask the employer to bear the liability for compensation.

After the recruitment interview, assessment and review, the employer will generally send an employment notice to employees before signing the labor contract, informing them of the employment decision, registration time, wages and benefits, etc. It should be emphasized that the employment notice is legally binding, and once it is issued, it will have corresponding binding force.

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.

What responsibility does the employer need to bear if he goes back on his word after issuing the employment notice? How do workers defend their rights? Many enterprises will change their decisions and stop recruiting job seekers for some reasons after posting job advertisements. At this time, because the hired object often resigns from the original unit after receiving the notice, giving up the job, length of service and even the year-end bonus of the original unit, it is easy to have disputes with the enterprise after the enterprise repents. To safeguard rights, we must first clarify the nature of such disputes, ways to safeguard rights and preventive measures.

Under normal circumstances, after the employer issued the employment notice, the employee did not join the job, nor did he formally sign a labor contract, nor did he establish a formal labor relationship. The resulting dispute does not belong to labor dispute cases, and the legal relationship between the two parties is not regulated and bound by relevant laws and regulations on labor security. The resulting dispute belongs to the liability dispute of contracting negligence and should be treated as a civil dispute.

Article 42 of the Contract Law stipulates that in the process of concluding a contract, the parties shall be liable for compensation if they have caused losses to the other party under any of the following circumstances:

(1) Concluding a contract under the guise of malicious negotiation;

(2) Deliberately concealing important facts related to the conclusion of a contract or providing false information;

(three) there are other acts that violate the principle of good faith.

If the employing unit reneges after making an employment promise, it is an act that violates the principle of good faith and should bear the responsibility for contracting negligence. If losses are caused to workers, compensation shall be made.

In the dispute over liability for negligence in contracting, because the employer and the employee have not established labor relations. In case of such disputes between job seekers and employers, they can directly bring a lawsuit to the people's court with jurisdiction without applying for labor arbitration.

At present, the law does not clearly stipulate the amount and standard of compensation for the employer's fault in contracting. In judicial practice, the court often determines the loss of a job seeker with reference to the treatment standard promised by the employer, the basic situation of the job seeker, re-employment ability, opportunity cost loss and other factors, and the compensation standard is usually equivalent to the salary of the job seeker 1 to 3 months later. If the job seeker has special circumstances such as disability and pregnancy, the court will give some care in the amount of compensation to ensure fairness.

As a laborer, we should pay attention to retaining the employment notice issued by the employer when applying for a job. If the notice has not clearly stated the employment conditions, jobs, salary and welfare benefits, you can ask the employer. If the employer verbally expresses employment intention or employment notice, it may retain evidence by means of audio and video recording. If the employer fails to notify in time, it can contact the employer in time to ask for employment details and other legitimate reasons to determine the employer's employment intention.