What legal risks should be paid attention to in the drafting of job advertisements?

Setting Skills of Enterprise Recruitment Advertisement Content and Legal Risk Prevention

Talent recruitment advertisement is one of the important tools for enterprise staff recruitment, and its design directly affects the quality of candidates and the competitiveness of enterprises. Therefore, it is necessary for us to further explore the content setting of talent recruitment advertisements and related legal issues.

First, the lawyer's point of view: enterprise recruitment advertising content setting skills

From the lawyer's point of view, the scientific content design of recruitment advertisements not only affects the recruitment of talents, but also may bring potential legal risks to enterprises. Therefore, after hr completes the content design of the recruitment advertisement, it is best to let the legal adviser of the enterprise check it. According to professional experience, the content design of enterprise recruitment advertisements should pay attention to the following points:

1, objective and true. Truth is the first principle of setting the content of recruitment advertisements. Recruitment enterprises must ensure that the content of recruitment advertisements is objective and true, and they should bear legal responsibility for false advertisements. You can't make false promises about employment contracts, wages, benefits and other policies involved in advertisements. Recruitment information should be an objective reflection of the demand for human resources, and must truthfully reflect the basic situation of the demand for human resources of enterprises, and reflect the current situation and development trend of enterprises. Don't mislead candidates with promises that the company can't keep, honestly list promotion opportunities, challenges and responsibilities, give people credibility and establish an honest corporate image. Those exaggerated, exaggerated and ulterior motives advertisements, once caught, will not only make the enterprise notorious, but also lead to the consequences of suspected fraud.

2. legal. The information appearing in the recruitment advertisement shall conform to the national and local laws, regulations and policies, and illegal information shall not be published. This legitimacy includes substantive legitimacy and procedural legitimacy, such as recruiting employees to work abroad in units without overseas labor dispatch, or recruiting prostitutes and other recruitment contents that are not in line with public order and good customs or even illegal. Procedural irregularities include sending job advertisements to the audience through abnormal channels, such as illegal poaching.

Generally speaking, all regions will formulate corresponding regulations on talent market management according to the Advertising Law of People's Republic of China (PRC). For example, the Beijing Municipal Administration for Industry and Commerce and the Beijing Municipal Bureau of Personnel jointly issued the Notice on Strengthening the Management of Recruitment Advertisements in 2002, which put forward "five noes" for publishing recruitment advertisements. Apart from the first two articles, the last three articles should not refer to: (3) infringing on other units and job seekers. There are generally two kinds of improper means: one is to hire a worker knowing that the labor relationship between the worker and his or her unit has not been lifted. Second, although the applicant has dissolved all labor contracts and labor relations, he can sign other one-way agreements, such as "no business" agreements. According to this agreement, he is not allowed to engage in related industries for one to three years after leaving his original unit. Some enterprises clearly know that the other party has signed such an agreement with the original enterprise, but they still hire this person. This is an improper means, these enterprises, digging people is one purpose, but another important purpose is to dig technology or steal competitors' business secrets); (4) Seeking illegitimate interests in the name of talent recruitment, charging fees to job seekers in various names, and asking job seekers to use their property and certificates as collateral (this behavior is also explicitly prohibited by the Labor Contract Law); (five) without the consent of the applicant, unauthorized release, disclosure of job seekers' data and information, unauthorized use of job seekers' technical and intellectual achievements (mainly in some employers, after receiving resumes, they will handle them at will without hiring, resulting in the personal information of job seekers being dispersed. No matter whether the labor relationship is successful or not, the employer has the obligation to keep the privacy of job seekers. And some enterprises, under the guise of "recruiting" senior managers and cutting-edge technical talents, give candidates problems, and the candidates give them solutions, and then the enterprises tell them that they are "unqualified", and then they use solutions to solve their own problems, leading to intellectual property infringement). The notice also stipulates that if an employer publishes a recruitment advertisement in violation of the relevant provisions of the talent market management, the talent market management department will punish it in accordance with the relevant provisions of the state and this Municipality. Employers, advertising agents and publishers who publish false or other job advertisements in violation of the provisions of the Advertising Law shall be punished by the administrative department for industry and commerce in accordance with the relevant provisions of the Advertising Law. It can be seen that if the employer fails to follow the relevant laws and regulations when publishing job advertisements, it may be subject to administrative punishment.

3. The content is concise but complete. Recruitment advertisements should provide readers with more sources of information, and the main contents should be concise, but they must be complete. Generally speaking, they can provide: (l) the basic situation of the enterprise; (2) Basic requirements for recruiters; (3) Other precautions. As for whether the remuneration and welfare benefits should be announced in the recruitment advertisement, it depends on the situation of the enterprise. If the purpose of posting job advertisements is publicity, it can be treated vaguely. If the main purpose of the job advertisement is to attract talents, it is recommended to announce the remuneration and benefits.

2. Lawyer's Tip: Job advertisements should avoid employment discrimination.

Employment discrimination has always been prohibited by constitutions and laws of various countries, and China is no exception. At present, the Ministry of Personnel not only formulates laws and regulations to protect citizens' equal employment rights (such as women), but also formulates some regulations, such as giving a formal reply to the proposal of the Anti-Employment Discrimination Law in document [2004] 102, and paying attention to gender, height and suspected discrimination of hepatitis B carriers in the recruitment of civil servants, which has formed formal standards. In 2002, the Beijing Municipal Administration of Industry and Commerce and the Beijing Municipal Personnel Bureau jointly issued the Notice on Strengthening the Management of Recruitment Advertisements, which put forward "five prohibitions" on the publication of recruitment advertisements, of which the first two items involved employment discrimination: (1) refusing to hire or raising the recruitment standards on the grounds of ethnic and religious beliefs; (2) Refusing to employ women or improving the employment conditions for women on the grounds of gender, except for posts that are not suitable for women as stipulated by the state. Therefore, the content of enterprise recruitment advertisements should avoid employment discrimination, and lawyers believe that the following measures can be taken:

1, the employer should reasonably determine the recruitment conditions. Employment discrimination is a violation of workers' equal rights. If a company wants to avoid employment discrimination caused by the conditions specified in its recruitment advertisements, it should bear the responsibility of proving the legality and rationality of its recruitment conditions. Therefore, job characteristics and employment demand are important factors in determining recruitment conditions.

2. Try to soften the language about recruitment conditions in job advertisements and try not to use hard conditions. At present, there is no clear regulation on employment discrimination in China, so whether it constitutes employment discrimination in judicial practice depends almost entirely on the judge's discretion. Therefore, companies should reasonably set and express recruitment conditions through recruitment advertisements, such as using more words such as "priority" and "preferred employment". Moreover, the final choice should be based on the evaluation of candidates and the reasonable choice after examination, not on a hard standard.

3. When the employer is not sure whether it may involve employment discrimination, it should carefully express or not express certain contents in the recruitment advertisement.

In short, the content in the company's recruitment advertisements should be concise and accurate, not the more the better. Especially in the case of some vague content, companies should be more cautious and choose softer language or other more appropriate ways to express it. There are so many problems in the content design of small recruitment advertisements that all employers should pay attention to them and put an end to illegal activities in the content design to reduce legal risks.