Job Recruitment Website - Recruitment portal - As an attachment to the employee's labor contract, the company requires me to provide guarantor and asset mortgage guarantee. Is this reasonable?
As an attachment to the employee's labor contract, the company requires me to provide guarantor and asset mortgage guarantee. Is this reasonable?
China's labor law does not prohibit the establishment of a guarantor when establishing a labor contract, so the agreement between you and the unit is effective; When employers recruit workers who directly handle property positions, such as cashiers, cashiers, warehouse keepers, etc. Especially when the laborer is a foreigner, the employer often asks the laborer to provide a local as a guarantor (I don't want to discuss whether there is geographical discrimination here). This phenomenon is very common. The law explicitly prohibits employers from requiring employees to provide mortgage, deposit or proof of detaining employees when signing labor contracts. Effectively protect the legitimate rights and interests of workers, users can not use their strong position to force workers to accept unfair contracts when signing labor contracts. However, in employment, we should also consider some reasonable requirements of employers. For some special posts, due to the high requirements on the integrity of workers, employers often cannot effectively assess workers in this respect when signing labor contracts. So in practice, this kind of guarantee is naturally adopted by many employers. This issue is also a matter of opinion in the field of labor law. Personally, I think this kind of protection should mainly protect the character and integrity of workers, not the labor skills of workers. Therefore, as long as it does not violate the law and both parties are willing, it should have legal effect. For example, it is legal for a company to provide a guarantee for another company to pay the payment on time, which is actually a guarantor's guarantee for the credit of the guaranteed. Therefore, it is inappropriate to draw the conclusion that the guarantee in the field of labor law is invalid simply from the fact that labor relations involve personal relations. Unless, of course, one party abuses this right.
Further reading: How to buy insurance, which is good, and teach you how to avoid these "pits" of insurance.
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