What is the nature of job advertisements?

Is the job advertisement legally binding?

The nature of job advertisements is invitation by offer, but in general, invitation by offer is not legally binding. Therefore, when the content of the job advertisement is not included in the labor contract, the employer fails to fulfill the obligation of the relevant content in the job advertisement. However, employers should be cautious about the promises in job advertisements. The reason is:

1. If the content of the job advertisement is clear, the form meets the requirements of the offer, and the employee has reasonable trust in the content of the invitation, it can also be considered legally binding.

2. The principle of good faith is the basic principle of concluding a labor contract. If a well-intentioned worker has reasonable trust in the content of the recruitment advertisement and therefore submits a resume, applies for a job, or even pays a certain fee at his own expense, if the employer's fault or even malicious behavior leads to the loss of the applicant, the recruiting employer shall bear the corresponding liability for compensation.

3. During the negotiation and conclusion of the labor contract, both parties should follow the principle of honesty and credit. If the employer makes a false statement that violates the principle of good faith, it may constitute fraud and should bear corresponding legal responsibilities.

However, there is a question to remind HR that if the arbitration tribunal thinks that "the promise in the job advertisement has no legal effect because it is not written into the labor contract", some people think that the labor contract law of our country does not introduce the liability for fault in contracting, so the content of the job advertisement is not binding on the employer. However, we believe that the employer should be cautious about this, because according to the provisions of the Labor Contract Law, it is invalid or partially invalid to make the other party conclude or change the labor contract against the real situation by means of fraud or coercion or taking advantage of the danger of others. The basic starting point of this provision lies in the principle of good faith in labor contracts. Therefore, after the implementation of the Labor Contract Law, the principle of good faith has gradually been widely used in cases, so if the unit makes false statements in recruitment advertisements, it should be fraud.

To sum up, job advertisements are generally not legally binding, because job advertisements are invitations to offer. However, enterprises should carefully state some specific situations in job advertisements and cannot talk big. If you have other related questions, please consult free legal advice, which can help you answer your doubts.

Tips:

The Civil Code came into force on 202 1 1, and the Marriage Law, Inheritance Law, General Principles of Civil Law, Adoption Law, Guarantee Law, Contract Law, Property Law, Tort Liability Law and General Principles of Civil Law were abolished at the same time. If it involves other issues stipulated by the civil law #

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