As August begins, the Shenzhen human resources department released its recruitment calendar, with 85 online and offline public welfare recruitment events scheduled throughout the month, covering key industries in Shenzhen such as intelligent manufacturing, artificial intelligence, and the low-altitude economy, and targeting various job seekers including fresh graduates, skilled workers, and those in flexible employment. For job seekers, this is undoubtedly good news, but behind the opportunities also lie hidden legal risks. As a lawyer who has long handled labor disputes, I would like to take this opportunity to discuss the legal issues in the recruitment process that are easily overlooked, and how job seekers and companies can use legal tools to protect themselves.

The Legal Framework Behind Recruitment Activities: Compliance Points from Recruitment Announcements to Labor Contracts

The public welfare job fairs in Shenzhen are led by the government, but the participating enterprises come from all walks of life. The compliance of the recruitment process directly relates to the first line of defense for workers' rights. According to Article 8 of the Labor Contract Law, when recruiting workers, employers shall truthfully inform workers of the job content, working conditions, work location, occupational hazards, production safety conditions, labor remuneration, and other basic information. This means that every promise on the recruitment poster—such as "monthly salary over 10,000 yuan" or "five insurances and one housing fund"—may become evidence in subsequent labor disputes.

In practice, I have seen many cases where companies verbally promise high salaries, but the labor contract only states the minimum wage standard, and job seekers only discover the huge gap after starting work. Lawyers suggest that when job seekers submit resumes at job fairs, they should keep recruitment brochures, flyers, or screenshots, as these materials can serve as preliminary evidence of the employer's promises in the event of a dispute. At the same time, employers also need to be careful during recruitment not to provide false information; otherwise, they may violate Article 26 of the Labor Contract Law, constitute fraud, and render the labor contract invalid.

In addition, Shenzhen's public welfare job fairs often feature a "live-streamed job matching" segment, and online recruitment is equally subject to legal constraints. According to the Interim Regulations on the Human Resources Market, online recruitment service platforms must verify the qualifications of employing units. If job seekers encounter fraudulent recruitment, they can file complaints with the human resources and social security departments. As a lawyer, I remind job seekers that whether online or offline, they should verify the business registration information of companies to avoid falling into the trap of "shell companies."

Employment Discrimination and Fair Employment: Legal Red Lines in Recruitment

Job fair positions cover industries such as "intelligent manufacturing" and "modern logistics," but different enterprises may impose restrictions on job seekers regarding age, gender, region, and other factors. According to Article 30 of the Employment Promotion Law, employers shall not refuse

In a job fair scenario, if an on-site interviewer asks female job seekers about marriage and childbirth plans, or sets thresholds for applicants with specific household registration statuses, this may violate Article 43 of the Law on the Protection of Rights and Interests of Women and Article 12 of the Labor Law. Lawyers advise that job seekers who encounter discriminatory questioning can record evidence and report it to the human resources and social security department. At the same time, corporate HR should also receive compliance training and avoid using wording such as "males only" or "local household registration preferred" in job advertisements, which may otherwise result in administrative penalties.

Probation Period and Labor Contract: A Key Step from Recruitment to Onboarding

Many job seekers who find employment at job fairs tend to take probationary period agreements lightly. According to Article 19 of the Labor Contract Law, for labor contracts with a term of three months to less than one year, the probation period shall not exceed one month; for terms of one year to less than three years, the probation period shall not exceed two months; for fixed-term labor contracts of three years or more and open-ended labor contracts, the probation period shall not exceed six months. The "996" work culture is prevalent in many internet companies in Shenzhen, but probation wages must not be lower than 80% of the minimum wage for the same position in the same unit or the wage agreed in the contract, and must not be lower than the minimum wage standard of Shenzhen.

In practice, I handled a case: a job applicant joined a logistics company with a verbal agreement of a 3-month probation period and a monthly salary of 6,000 yuan, but after the probation period, the company dismissed him on the grounds of "poor performance during probation." Upon investigation, the company had not set clear assessment standards during the probation period, and ultimately, arbitration determined the termination was illegal, ruling that the company pay compensation. The lawyer reminds job seekers to sign a written labor contract upon joining a company, clearly specifying the probation period duration, salary, and assessment standards; if the employer refuses to sign, according to Article 82 of the Labor Contract Law, the worker may claim double wages.

For flexible workers, job fairs in Shenzhen also feature "gig day" activities, but the legal relationships under the gig economy are more complex. If a cooperation agreement is signed with a platform, it may not constitute a labor relationship but rather a civil service relationship, governed by the contract section of the Civil Code. In such cases, issues like work-related injuries and social insurance are often disputed. Lawyers advise gig workers to prioritize establishing labor relationships with formal enterprises or to purchase commercial accident insurance as a supplement.

Corporate Recruitment Compliance: Legal Risk Prevention and Control from Recruitment Events to Employment Management

For employers participating in job fairs, compliance is not only a legal obligation but also a matter of brand image. According to Article 9 of the Labor Contract Law, when recruiting workers, employers must not withhold workers' resident ID cards or other credentials, nor require workers to provide guarantees or collect money or property from workers in any other name. However, some small and medium-sized enterprises still engage in malpractices such as "withholding wages" or "charging training fees." The Shenzhen human resources and social security authorities have shown zero tolerance for such acts in law enforcement.

In addition, when publishing recruitment information, enterprises should avoid false advertising. For example, promising to "solve household registration" but being unable to fulfill it may constitute liability for contracting negligence. According to Article 500 of the Civil Code, if a party, during the process of concluding a contract, acts contrary to the principle of good faith and causes losses to the other party, it shall bear compensatory liability. At recruitment fairs, corporate HR should standardize the interview process and avoid asking questions involving privacy or discriminatory issues; otherwise, it may lead to disputes over reputation rights or personality rights.

Shenzhen's low-altitude economy, artificial intelligence, and other emerging industries have strong recruitment demand, but technical positions in these fields often involve trade secret protection. Enterprises should sign confidentiality agreements and non-compete clauses with core-position employees upon onboarding. However, it should be noted that, according to Article 23 of the Labor Contract Law, non-compete restrictions are limited to senior management, senior technical personnel, and other personnel with confidentiality obligations, and the enterprise must pay economic compensation. Otherwise, the clause may be deemed invalid.

Lawyer's Advice: A Win-Win Path for Job Seekers and Employers

The 85 job fairs in Shenzhen offer abundant opportunities for job seekers, but awareness of legal risk prevention is indispensable. Job seekers should do three things: first, keep recruitment information; second, verify the employer's qualifications; and third, confirm contract terms in writing upon onboarding. If encountering recruitment fraud, employment discrimination, or wage arrears, they can call 12333 or file a complaint with the labor inspection department, and seek professional legal support if necessary.

On the enterprise side, they should establish a sound recruitment compliance system, regularly train HR, and avoid legal lawsuits caused by negligence in the recruitment process. As Shenzhen is a demonstration zone for rule of law, labor dispute cases have been increasing year by year. If enterprises can hire legal counsel to conduct employment risk reviews, it will effectively reduce management costs.

Guangdong Zhiming Law Firm has深耕 the field of labor law for many years. We have represented numerous cases involving recruitment discrimination, unlawful termination during probation periods, and non-compete restriction disputes, accumulating rich practical experience. If you encounter legal questions during job seeking or recruitment, please feel free to contact us. We will provide you with solutions from a professional perspective.