Job Recruitment Website - Job information - Is it illegal that the recruitment information does not match the actual situation?
Is it illegal that the recruitment information does not match the actual situation?
1. It is not illegal for the recruitment information to be inconsistent with the actual situation. If the post information published by the employer on the Internet is inconsistent with the facts, the employer will not be responsible. If the post facts provided by the employer are inconsistent with the labor contract, the company needs to bear legal responsibility. When employing workers, the employing unit shall truthfully inform the workers of their work contents, working conditions, workplace, occupational hazards, safety production conditions, labor remuneration and other information required by the workers.
2. Legal basis: Article 8 of People's Republic of China (PRC) Labor Contract Law.
The employer's obligation to inform and the laborer's obligation to explain. When employing workers, the employing unit shall truthfully inform the workers of their work contents, working conditions, workplace, occupational hazards, safe production conditions, labor remuneration and other information that the workers require to know; The employer has the right to know the basic information directly related to the labor contract, and the employee shall truthfully explain it.
Article 9
The employing unit shall not detain the employee's certificate and ask for a guarantee. The employing unit shall not detain the employee's resident identity card and other documents, and shall not require the employee to provide a guarantee or collect property from the employee in other names.
Article 10
To conclude a written labor contract and establish labor relations, a written labor contract shall be concluded.
If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment.
If the employer and the employee conclude a labor contract before employment, the labor relationship shall be established from the date of employment.
Article 11
If the employer fails to conclude a written labor contract at the same time, and the labor remuneration agreed with the employee is not clear, the labor remuneration of the newly hired employee shall be implemented according to the standards agreed in the collective contract; If there is no collective contract or there is no agreement in the collective contract, equal pay for equal work shall be implemented.
Second, how to report the recruitment information that is inconsistent with the actual situation?
1. You can ask to continue to perform the contract and take the post you originally applied for. If the unit terminates the labor relationship at this time, it is illegal and needs compensation.
2. If you apply for resignation voluntarily, if the employer forcibly detains you or refuses to go through the resignation formalities at this time, you can apply to the local labor department for arbitration to safeguard your rights.
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