Produce the case that card of a few this year's unripe graduation is smashed every year: Because partial student does not take an exam pass a barrier, write down the reason such as the serious offence to cannot take graduation testimony on time, most circumstance is agreement of good without the autograph because of the student tripartite card of the graduation that be buckled by of short duration, the job that because be explained without the adviser that finish,still has partial graduate student and by the adviser " govern on somebody's behalf " graduation card.
Law of our country higher education and Ministry of Education " certificate of record of formal schooling of common higher education administers provisional regulation " regulation, the student that has one's status as a student learns education to plan full course of the regulation, exam achievement is passing (or Xiu Manxue is divided) , moral education sports is eligible, the person that allow graduates, can gain diploma. Legal accredit college extends the influence of graduation card, whether to extend, whether is the basis completing formulary course at the student and repair full credit, exam and qualification of moral education sports, other the argument that discounts hair graduation card does not have legal basis.
Accordingly, the school binds the interest of oneself and student interest photograph, did not sign agreement of obtain employment tripartite because of the student and the graduation card of sequestered student, this is the expression with not self-confident to oneself education quality school, also be the act that violates educational statute. A lot of schools have such administrative regulation, backside is main the reason is the obtain employment rate that should check the school about the branch, obtain employment rate can affect school recruit students not high. In fact, evaluate recruit students itself to be worth the problem of deliberate namely with obtain employment rate.
Extend diploma to make an appointment with link up with with obtain employment autograph, can get can be affusion only " obtain employment is led " . Get the school " press " , a few undergraduates that not be eager to obtain employment or did not find the job temporarily buy agreement of false obtain employment tripartite. Bring from this, it is campus zoology aggravation necessarily, obtain employment rate also loses referenced value.
As to graduate student respect, latter a few advisers treat the graduate student as cheap the message of time of graduation of labour force, protracted student causes a society to pay close attention to extensively. Does the adviser have influence to buckle the graduation card of next graduate students after all? If scientific research project is the content that school work itself contains, so the student cannot take graduation testimony without the project that finish, this accords with a regulation; If be the adviser's personal item, the student does not have finished obligation, the adviser buckles the abuse that graduation card is pair of influence, the student has right to school to lodge a complaint.
The enterprise has authority to share invite applications for a job " blacklist "
Yang Baoquan (solicitor of office of attorney of the silver in Beijing)
Recently, the resume of Li Mou of this year's graduates of Beijing some college was gone to by the interview official hair of an enterprise the ad industry HR of a 500 people is small letter group in, this interview official still is in group li of a lot of problem that reported Li Mou: "Interview is late, behavior is blundering, good follow his negotiate not easily compensation however by ' put dove ' " . In view of these " evil doing " , group inside many HR express to pull Li Mou invite applications for a job " blacklist " , once receive Li Mou,resume will filter directly.
Although apply for invite applications for a job,be two-way choice, but face what experience without the job is this year's unripe, the enterprise often is strong one party. With industry HR group " blacklist " go banning the graduate that just enters a society, does the enterprise have right so do? The viewpoint of a few enterprises is, share with industry business " blacklist " , eliminate to have " stain " to apply for a job person, can prevent company profit damage, it is lawful and rational behavior.
The enterprise has right to to apply for a job person undertake filtration and decide whether employ, but usually, the enterprise does not have the privacy of the person that influence reports to apply for a job to industry business, if be in industry business group information of li of to apply for a job of open transmission worker, stick all sorts of negative label to laborer, undertake defaming even, be suspected of right of privacy of enroach on laborer, reputation authority waiting. Although active law does not have specific provision to prohibit,the enterprise creates invite applications for a job " blacklist " , but authority of HR exercise invite applications for a job is due and attrib border.
If industry business has formed those who share information of invite applications for a job " convention " , need uploads evidence clearly by single company or undertake quote by the individual, make sure the fairness that shares information is just very hard. Accordingly, on the program that establishs invite applications for a job to share information, had better coordinate as a whole through guild, the standard is right to apply for a job person the range that information publishs, standard.
In network times, certain with " blacklist " as minatory employee " one's trump card " of the person that the company also may enter to apply for a job " blacklist " . Enterprise setting is unreasonable illegimate even " blacklist " , the person that can affect to apply for a job is right the evaluation of company sincere letter, affect the fame of the company and social figure then.
Encounter how sexual discrimination does
Liu Xiaonan (associate professor of institute of constitutional government of university of Chinese politics and law)
Female undergraduate encounters in regular meeting of middling of process of to apply for a job sexual distinction is discriminated against, mention expressly directly on information of some unit invite applications for a job " want a man student only " , some units enquire in process of invite applications for a job the schoolgirl has inside a few years marry, birth plan.
In March 2017, wisdom couplet invite applications for a job and center of investigation of Beijing University society release jointly " findings report of current situation of field of duty of 2017 China female " show, super- most probably the female thinks in obtain employment existence is discriminated against. After two child policy is carried out in the round, the phenomenon that the female discriminates against in the experience in obtain employment is more common.
Law, obtain employment is ensured to promote the legislation such as the law in rights and interests of our country labor law, woman in, concern the provision that at laborer equality obtain employment counterpoises. But, because set too dispersive, too principle, bring about active the need that turns over obtain employment to discriminate against law to cannot get used to a society completely to develop. If unit of choose and employ persons has sexual distinction to discriminate against behavior during employ, female employee also can mention with the name of labor contract dispute only labor arbitration and work litigation, and cannot be in order to be discriminated against by obtain employment by to lodge a complaint. Even if mentions labor arbitration and lawsuit, because be discriminated against to sexual distinction,often also lack specific standard, invisible discrimination obtains evidence hard wait for a reason, make the authority of female employee dimension that encounters sexual distinction is discriminated against difficult.
The basic approach that solves obtain employment to discriminate against a problem still is in legislative, should make turn over obtain employment technically to discriminate against a law. Legislation should hold to a problem to direct, limit the concept that obtain employment discriminates against and suitable scope, enlarge the safeguard limits of fair obtain employment, oppose obtain employment discrimination and the measure with stimulative equal sexual distinction clearly. For example, law should stipulate the obtain employment that prohibits be based on marriage Yo state is discriminated against clearly.
In judicatory practice, the compensatory number that party of case of obtain employment discrimination can acquire is very limited, this brings about law to cannot develop its due how-to, deterrence and chasten function. Accordingly, the unit of choose and employ persons that I suggest to discriminate against behavior to carrying out sexual distinction of invite applications for a job adds castigatory sex to compensate for a regulation.
Be careful probation has " hole "
Liang Yansong (Beijing great solicitor of fine attorney office)
After the university graduates, Zhang Mou enters office a company, both sides signs 3 years period labor contract. Inside probation, the company was not insurance cost of his pay company. Communicate not after fruit, zhang Mou and company remove labor contract, appeal to to Beijing on the west court of people of the city zone, requirement company pays remove the economy of labor contract compensates gold. The court supported Zhang Mou's lawsuit to request.
In judicatory practice, problem of the social security inside probation is the cognitive blind area of a lot of duty field new personality. Unit of choose and employ persons is expended for worker pay social security is legal obligation, the day that from labor the relation builds rises to should be fulfilled, probation is not exceptional also.
Besides not pay social security, probation often still is put in the circumstance of back pay of unit of choose and employ persons. Unit of a few choose and employ persons with " try project " " learn on job " name defaults employee compensation. When the court is tried, maintain commonly " try project " " learn on job " the try out that goes up for common sense namely, unit of the choose and employ persons inside probation ought to pay laborer to already paid the reward of labor.
The work of unit of a few choose and employ persons to all types the contract all agrees the probation of coequal time. Actually, the concern between try out deadline and labor contract deadline is as follows: Malcontent 3 months, be restricted in order to finish by a definite date of regular job job, without probation; 3 months above resents one year, probation of a month; One year above resents 3 years, 2 months probation; 3 years above does not have fixed deadline, most 6 months probation. Some companies come to extend probation 2 months and the labor contract that signs with employee, not was necessary completely to get this kind of chance actually. Decide probation to violating stipulations of an agreement and had fulfilled, employee but according to the salary standard seek redress after becoming a full member.
To apply for a job person should understand, probation must be included in labor contract deadline, cannot sign contract of a probation first. Agree only in labor contract probation but do not have deadline of conventional labor contract, according to the regulation of labor contract law, for invalid contract.
