Shenzhen Zhiming Lawyer Interprets: Labor Relations and Employment Compliance Behind the Park Opening Recruitment Fair
Vertex Park is about to open, and an offline job fair will be held from October 23rd to 24th to recruit personnel for positions such as operations, security, cleaning, ticketing, etc. from the public. For job seekers, this is an intensive employment opportunity, while for enterprises, it is a short-term expansion of employment scale. From a lawyer's perspective, behind the liveliness of the job fair is precisely the high-risk window period for establishing labor relations - an unsigned labor contract, a verbally promised probationary salary, or an unclear clothing deposit can all evolve into labor arbitration cases after the opening of the park. Shenzhen Zhiming Law Firm has been handling labor disputes and corporate compliance affairs for a long time. Combining the Labor Contract Law, Employment Promotion Law, and judicial practice in Shenzhen, we have sorted out several legal issues that are most prone to pitfalls in the recruitment process.
1、 Verbal promises made at job fairs, do they count legally
Many companies promise verbally at job fairs that "starting from a monthly salary of 6000 yuan", "including food and accommodation", and "probation period of one month to become a full-time employee" in order to compete for talent. The problem is that if these commitments are not put into writing, it will be extremely difficult to provide evidence in case of disputes in the future. Article 10 of the Labor Contract Law stipulates that a written labor contract shall be concluded for the establishment of a labor relationship. If a labor relationship has already been established but has not been concluded at the same time, it shall be concluded within one month from the date of employment. Article 17: It is further required that labor contracts include essential clauses such as job content, labor remuneration, and social insurance. The verbal promises made at job fairs, strictly speaking, are expressions of intention during the contracting process. If they can be fixed through evidence such as WeChat chat records, recruitment brochures, recordings, etc., they can serve as evidence of the agreed content, but their evidential power is far weaker than that of written contracts.
In practice, it is more common to use the "employment registration form" instead of the labor contract. The labor arbitration and court judgments in Shenzhen tend to believe that if the employment registration form does not contain the necessary clauses of the labor contract and does not reflect the mutual agreement of both parties, it cannot be considered as a written labor contract, and the enterprise still faces the risk of double wage difference stipulated in Article 82 of the Labor Contract Law. The job fair has a large crowd and fast process, and companies try to save time by requiring job seekers to fill out only one form before taking up their positions. This habit must be changed. Director Shen Jinlong, a lawyer representing multiple disputes over double pay, found that almost all losing companies have one thing in common: they treat the recruitment process as a formality of "recruiting first and then deciding".
2、 Probationary period, deposit and social security: three high-frequency illegal points
The most common topic that companies talk about at job fairs is the probationary period, which is also the most likely to violate the law. Article 19 of the Labor Contract Law has rigid provisions on the probationary period: if the contract period is more than three months but less than one year, the probationary period shall not exceed one month; For a period of more than one year but less than three years, it shall not exceed two months; Fixed term and open-ended contracts of more than three years shall not exceed six months. The same employer and the same employee can only agree on one probationary period, which is included in the term of the labor contract. In practice, the practices of "probationary period for three months before payment" and "non payment of social security during the probationary period" may constitute an overdue agreement, while the latter directly violates Article 58 of the Social Insurance Law - employers should handle social insurance registration for employees within 30 days from the date of employment.
Deposit issues are also prevalent. Some positions charge job seekers under the names of "clothing fees," "training fees," and "equipment deposits." Article 9 of the Labor Contract Law explicitly prohibits employers from requiring guarantees or collecting property from workers in other names when recruiting them. Job seekers who are required to pay at job fairs can directly refuse and file a complaint with the labor supervision department. Once such charging behavior is verified, the enterprise not only needs to refund, but may also face administrative penalties.
Another type of risk that is easily overlooked is employment discrimination. Article 3 and Article 26 of the Employment Promotion Law prohibit employment discrimination based on ethnicity, gender, religious beliefs, etc. The expressions "limited to males" and "limited to a certain age group" in recruitment brochures are already sensitive content in the current regulatory environment. Enterprise HR should review recruitment materials word for word when making them.
3、 How should enterprises do compliance homework for centralized employment in the park opening
Before the opening of park projects, there is a centralized recruitment process, often accompanied by various forms of employment such as labor dispatch, part-time, and internships. Enterprises need to distinguish clearly: part-time employment shall be handled in accordance with Articles 68 to 72 of the Labor Contract Law, with hourly pay, no more than four hours per day, no more than twenty-four hours per week, and no probationary period shall be agreed upon; Labor dispatch is subject to the Provisional Regulations on Labor Dispatch and can only be used in temporary, auxiliary, and substitute positions. The employment ratio shall not exceed 10% of the total employment. Long term outsourcing of core positions to dispatched workers or using "internship agreements" to cover up actual labor relations are common points of dispute in arbitration.
For job seekers, there are three key things to confirm at the job fair: when to sign the contract, salary composition and payment time, and which month to start paying social security. For enterprises, standard labor contract text, job description, and confirmation of employment conditions should be prepared before the recruitment meeting, and the materials collected on site should be recorded as signed for. The employment conditions are particularly crucial - they are the prerequisite for proving that the "probationary period does not meet the employment conditions" and terminating the labor contract in the future. Without written employment conditions, the termination of the probationary period is highly likely to be considered illegal termination, and compensation must be paid in accordance with Article 87 of the Labor Contract Law.
The job fair is the first hurdle in labor relations, and if the hurdle cannot be held, all that follows will be costs. Director Lawyer Shen Jinlong from Shenzhen Zhiming Law Firm reminds that it is much more cost-effective for companies to complete a round of employment compliance review before centralized recruitment, rather than responding to lawsuits afterwards; Job seekers who encounter situations where verbal promises are not fulfilled, fees are charged for employment, and contracts are not signed should also promptly retain evidence and protect their rights in accordance with the law. Specific issues related to drafting labor contracts, designing rules and regulations, and responding to labor disputes can seek targeted opinions from professional lawyers.
