What if the enterprise reneges on its word?

What if the enterprise reneges on its word?

In the long study career, I believe that everyone must have been exposed to knowledge points! Knowledge points are the contents that others can understand after reading them or that I can master them through practice. Want a coherent knowledge point? The following is what I sorted out. What if the enterprise has made an offer and then reneged? I hope it will help everyone.

What if the enterprise reneges on its word?

Some time ago, the company just received a new project and urgently needed to recruit a project manager. The human resources department successfully identified a qualified candidate according to the company's recruitment needs and issued an offer.

The approval form has been signed by the boss), and I agree to report to the company for employment in the near future.

Before the employee joined the company, the human resources department suddenly received an order from the business leader, saying that the company temporarily suspended the project and did not need to recruit a project manager, asking him to inform that person not to report to the company.

Yes

The head of the human resources department was super depressed after listening to the instructions of the leader, and the Offer was made. What should an enterprise do as an HR?

Solutions and plans

The employment of the employer belongs to the offer, and the response of the job seeker belongs to the promise. After the job seeker promises, it is binding on both parties. The reply sent by the job seeker after the deadline for reply is regarded as a new offer, and the employer has the right to refuse it.

1. First, the company informs employees to come to work, and the other party is in a state of preparation.

2. If you want to go back on your word, you must send a notice of withdrawal of employment before or at the same time as the employment notice reaches the job seeker. In other words, you must cancel the employment and inform the other party before the job seeker responds and agrees to the employment. Otherwise, it should bear the direct economic losses caused by the other party's job hunting, including transportation expenses, accommodation expenses, communication expenses, and wage losses caused by the termination of previous labor relations.

What should be included in the employment notice, and can it replace the labor contract?

1 indicates that the candidate has been hired.

2. The starting salary contract period for the position in the department where the job seeker is employed.

3 probation period, holidays and other job-seeking benefits.

4. Time and place procedures for job seekers to go through the entry formalities.

5. Proof materials that job seekers need to bring when they join the job.

1 Specify the written reply period in the employment notice.

2 clearly define the preconditions for employment

Note: Defining the preconditions of employment is equivalent to attaching legal conditions to employment in legal nature. If these conditions are not met, the employment notice will have no legal effect.

3 clear responsibility for breach of contract

4. Make clear that the rights and obligations of both parties shall be subject to the final labor contract.

You can also make your own employment notice according to your own actual situation and the specific situation of the individual workers.

(Premise: The employment notice is different from the labor contract. Even if the two sides reach an agreement after the job seeker makes a promise, the labor contract cannot be replaced because it does not have the conditions that the labor contract should have. Employers should sign another contract with employees. )

Knowledge expansion

1.offer letter is the employment information letter sent by the employer to the employee before signing the labor contract with the employee. Generally, the registration time, place, salary, job information and so on will be stipulated.

2. The binding force of the letter of offer-if both parties respond to the letter of offer, it is legally protected by civil law because it is before the factual labor relationship.

3.3. The letter of offer can stipulate the compensation scheme for breach of contract, which can be liquidated damages or other ways. In this case, the employer should bear the expected liability for breach of contract.

Although the 4.offer letter has been signed, there must be a labor contract after it constitutes a factual labor relationship. In order to prevent the conflict between the content of the labor contract and the content of the employment notice, it can be reflected that the employment notice is invalid after signing the labor contract, so as not to cause unnecessary disputes.

Before the 5.offer letter is sent, you can confirm with the relevant personnel for the last time whether you are really hired. You can also communicate the latest arrival date, which may help delay the offer letter and buy time for the change.

Friendly reminder: If you file a lawsuit, please go to the court. Do not accept labor arbitration.

An offer helps you distinguish good business from bad business.

After most people get the Offer, it is difficult to judge whether the company is reliable or not with only one Offer, and it is impossible to judge whether they are routines.

Salary level is of course one of the core determinants for job seekers to choose enterprises. Even if the work intensity, post level, office environment and other factors are not satisfactory, most of them are no longer a problem in the face of high salary temptation.

In salary negotiation, excellent HR will take the initiative to introduce the salary structure of the enterprise, and then talk about specific sub-standards and payment methods to avoid wrong expectations and understanding of job seekers. HR, which lacks integrity, will avoid the important, mislead and even deceive job seekers when communicating. The simple sentence "5000 yuan/month" in the offer may have a completely different gold content.

Quotations from reliable enterprises

deferred income

Enterprise annuity is a supplementary old-age insurance system voluntarily established by enterprises and their employees on the basis of basic old-age insurance, and it is a supplementary old-age insurance treatment for employees with deferred income.

The enterprise annuity is that the enterprise and the employee each take out part of the money, and the annuity fund is responsible for investment and operation. When the employee meets the extraction conditions, the final income will be returned to the employee.

Stock options without drawing cakes

Some companies will provide equity/option commitments in their quotations. After meeting the agreed conditions, employees can cash in the corresponding equity/option income. In the period of rapid development, the share of equity/option income in the overall income of employees will continue to increase, even far exceeding the direct wage income of employees.

Equity/option is the only magic weapon for some startups to attract high-quality talents, and lucky people have successfully achieved financial counterattack through equity/option.

Performance-linked year-end bonus

Many enterprises will pay the year-end bonus according to the monthly salary combined with the current year's performance and on-the-job time, so there is a saying of "XX salary" (the range of XX is usually between 13 and 18, and the part greater than 12 is regarded as the year-end bonus).

Of course, there are also companies with deep pockets, and all employees enjoy "XX salary". On this basis, additional year-end awards will be issued in combination with enterprise performance and employee performance.

The welfare of silent light

Large and medium-sized enterprises can easily take advantage of scale effect to increase welfare at a lower average cost and increase their attractiveness to job seekers.

Generally, the benefits that attract newcomers in the workplace are: free accommodation, low-cost canteens, various subsidies, enterprise annuities, commercial insurance, etc. These benefits are additional benefits beyond the salary standard and can help newcomers in the workplace solve their urgent needs.

An offer helps you distinguish good business from bad business.

Pre-tax salary of water injection

Wage standard usually refers to pre-tax salary, and after-tax salary is: pre-tax salary-individual payment of social insurance-individual payment of provident fund-individual income tax.

When the salary standard reaches unscrupulous HR, it may become "salary standard+contribution of provident fund enterprises" (referring to the full payment ratio in Beijing, 5,000 yuan/month will become 5,600 yuan/month), or even "salary standard+contribution of provident fund enterprises+contribution of social insurance enterprises" (referring to the full payment ratio in Beijing, 5,000 yuan/month will become 7,205 yuan/month).

Some enterprises will also split part of their wages into scattered items such as meal supplement, attendance bonus, seniority salary and transportation subsidy. It will be deducted when it is actually paid, and this part of the employee's salary rarely reaches the standard promised by the original HR.

There has never been full performance pay.

In some enterprises, performance pay accounts for a high proportion of the total remuneration package. Job seekers can only find that the performance appraisal scheme is a big pit after joining the job. Appraisal requirements far exceed the scope of efforts. The employee's performance coefficient is always used to discount, and the performance salary has never been fully obtained.

This kind of performance pay is just a flower in the mirror. It looks beautiful, but it is impossible to get it. People can't help but sigh: I didn't expect you to be such a "performance salary".

Misplaced social security accumulation fund

Many enterprises reduce their social insurance &; The housing accumulation fund will make a big fuss about payment. Compared with other "routines", not paying social insurance according to law&; The evil consequences of housing provident fund are hidden most deeply, and often appear when employees need to enjoy retirement pension, medical insurance, industrial injury insurance, housing loans, etc. About social insurance &; Housing provident fund, common tricks are:

Pay according to the local minimum base;

Determine the payment base not according to the actual income, but according to the post level;

Enterprises pay social insurance and housing provident fund in different places, and the payment base is low or the law enforcement is loose;

Divide wages into basic wages and other wages and subsidies. And then pay according to the basic salary;

Discount the amount of payment that the enterprise should bear and distribute it to employees, so that employees can participate in the insurance independently, thus increasing the nominal salary of employees.

If job seekers want to protect their own interests and enterprises want to improve the stability of new employees, both parties should make the salary composition, salary standard, performance contract and cashing conditions as written as possible, so as to be justified.

No matter "good enterprise" or "bad enterprise", on the surface, it is caused by the difference of enterprise salary structure, which represents the management mode, enterprise culture and talent values of the enterprise at a deeper level. I hope more enterprises can be more affectionate and less routine.

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