Pang Donglai's Zhengzhou recruitment has not yet started; is it a scam for intermediaries to charge 80,000 yuan for a "guaranteed pass"? A lawyer explains job-seeking fraud and contract validity.
Lead
Pang Donglai's Zhengzhou store has not yet issued an official recruitment announcement, yet intermediary advertisements claiming "80,000 yuan guarantees acceptance" have already appeared online. On one side are job seekers' longing for a "dream company," and on the other are intermediary agencies exploiting information gaps and anxiety to extract money. From a lawyer's perspective, this is not a simple "commercial service" dispute, but a typical incident involving three layers of legal risk: criminal fraud, administrative illegality, and invalid civil contracts. This article combines relevant provisions of the Criminal Law, the Advertising Law, and the Civil Code to break down the legal traps behind "guaranteed acceptance" promises and provide job seekers with actionable paths for safeguarding their rights.
1. Why does a "guaranteed pass" promise most likely constitute the crime of fraud?
Article 266 of the Criminal Law provides that whoever defrauds public or private property of a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or surveillance, and shall also or only be fined. If an intermediary claims that "80,000 yuan guarantees passing" but in fact has no ability to influence the recruitment outcome and cannot fulfill the promise after receiving payment, this constitutes fabricating facts and concealing the truth, causing the job seeker to labor under a mistaken understanding and dispose of property. Eighty thousand yuan far exceeds the filing threshold for "a relatively large amount" in most regions nationwide for the crime of fraud (usually 3,000 to 10,000 yuan). Once verified, the intermediary personnel will face criminal prosecution.
In judicial practice, scams such as "guaranteed pass on the civil service exam" or "guaranteed entry into a state-owned enterprise" are commonplace. Courts typically focus on two points: first, whether the intermediary has the actual ability to perform; second, where the funds go after payment is collected. If the intermediary uses the funds for personal consumption or transfers and conceals them, the subjective intent of illegal possession is obvious, and the probability of establishing the crime of fraud is extremely high. Even if the intermediary argues that it is "merely a brokerage service," if the promised content exceeds the scope of lawful brokerage, it may still be deemed fraud.
As a well-known retail enterprise, Pang Dong Lai has a transparent recruitment process, and interviews typically involve multiple rounds of assessment, so no intermediary can guarantee success. Job seekers should clearly recognize that over 90% of cases where high fees are charged under the guise of "internal connections" or "guaranteed admission" are scams.
2. Why is a "guaranteed pass" agreement civilly invalid?
Even if an intermediary signs a written "guaranteed pass agreement" with a job seeker, the contract is invalid because it violates mandatory legal provisions and public order and good morals. Article 153 of the Civil Code stipulates that a civil juristic act that violates the mandatory provisions of laws and administrative regulations is invalid, and a civil juristic act that violates public order and good morals is invalid. Recruitment and hiring should be based on the job seeker's own abilities and match with the position. An intermediary's use of money to interfere with hiring outcomes disrupts the order of fair employment and harms the lawful rights and interests of other job seekers, and is a typical violation of public order and good morals.
In addition, Article 148 of the Civil Code also provides that if one party, by fraudulent means, causes the other party to perform a civil juristic act contrary to its true intention, the defrauded party has the right to request the people's court or an arbitration institution to rescind it. If a job seeker has already made a payment, it may claim rescission of the contract and demand the return of the property. However, it should be noted that after a contract is invalid or rescinded, property acquired as a result of the act should be returned; if return is impossible or unnecessary, compensation should be made at the property's value. The party at fault should compensate the other party for the losses suffered as a result.
In practice, many intermediaries charge fees under the guise of "service fees" or "consultation fees" in an attempt to circumvent legal risks. However, when hearing such cases, courts look beyond the form to examine the substance: if the service is essentially a guarantee of passing, it remains invalid. Job seekers should not assume they are protected simply because they have signed a "contract"—an illegal contract has no legal binding force from the outset.
3. What other administrative liabilities are involved in false recruitment advertisements?
An intermediary posted an advertisement claiming "80,000 yuan guarantees a pass," which also涉嫌 violates the Advertising Law and the Interim Regulations on the Human Resources Market. Article 28 of the Advertising Law stipulates that an advertisement constitutes false advertising if it deceives or misleads consumers with false or misleading content. The intermediary's claim of "guaranteed pass" cannot actually be ensured, which constitutes a false promise regarding the service effect. The market supervision and administration department may order the publication to be stopped, confiscate the advertising fees, and impose a fine of not less than three times but not more than five times the advertising fees.
Article 24 of the Interim Regulations on the Human Resources Market clearly stipulates that for-profit human resources service agencies shall not charge individuals service fees other than those explicitly stated service items, and shall not induce or defraud job seekers of their property under various pretexts. Those who violate these provisions shall be ordered to make corrections by the human resources and social security administrative department, have their illegal gains confiscated, and be fined not less than 10,000 yuan but not more than 50,000 yuan; if the circumstances are serious, their human resources service license shall be revoked.
It is worth noting that Pang Dong Lai has officially clarified that the recruitment has not yet started, and the intermediary's actions also constitute an infringement on Pang Dong Lai's enterprise name and business reputation. According to Article 6 of the Anti-Unfair Competition Law, business operators shall not engage in confusing acts such as unauthorized use of another party's influential enterprise name, which may mislead people into believing it is another party's goods or that there is a specific connection with another party. Pang Dong Lai may pursue civil compensation liability against the intermediary in accordance with the law.
4. How can job seekers identify and respond to "guaranteed pass" scams?
First, verify the source of the recruitment information. Legitimate companies post job openings through their official websites, official social media accounts, or certified recruitment platforms. Job seekers should go directly to Pang Dong Lai's official channels or call its human resources department to confirm, and should never trust "inside information" from third-party intermediaries.
Second, be wary of any request to "pay first." Article 9 of the Labor Contract Law clearly stipulates that when hiring workers, employers must not seize workers' resident identity cards or other documents, nor require workers to provide guarantees or collect property from workers under any other pretext. Although intermediaries are not employers, the "pay-to-pass" model likewise violates the basic logic of job hunting—finding a job should not become a paid service.
Third, preserve evidence and call the police promptly. If you have already transferred money to the intermediary, be sure to keep chat records, transfer receipts, contracts or receipts, and the intermediary's identity information. According to Article 110 of the Criminal Procedure Law, any unit or individual that discovers criminal facts or a criminal suspect has both the right and the obligation to report or tip off the public security organ. An amount of 80,000 yuan has reached the threshold for criminal case filing, and the public security organ should accept the case.
Fourth, you can simultaneously file complaints with the market regulation authorities (12315) and the human resources and social security authorities (12333) to create a multi-channel effort for safeguarding your rights. If the intermediary agency has a business license, you can also check its operating status and administrative penalty records through the National Enterprise Credit Information Publicity System to determine whether it is a repeat offender.
Conclusion
"Pay 80,000 yuan for a guaranteed pass" is not a shortcut but a trap. From criminal fraud to civil invalidity to administrative illegality, the law's assessment of such conduct is comprehensively negative. Rather than pinning their hopes on an intermediary's "inside connections," job seekers should improve their own abilities and apply through proper channels. Companies should also speak up proactively to clarify matters and prevent their brands from being exploited by unscrupulous intermediaries.
Guangdong Zhiming Law Firm has long monitored legal risks in the job market and accumulated extensive practical experience in areas such as fraud criminal complaints, contract validity disputes, and corporate reputation protection. If you or someone you know encounters a similar "guaranteed pass" scam, we recommend consulting a professional lawyer as soon as possible to preserve evidence, assess options, and prevent further losses.
