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The Parties Involved Should Have The Right To Know.

2010/3/10 11:17:00 63

Contract

  

The conclusion of a labor contract is a legal act that determines the rights, obligations and responsibilities of the parties to the labor contract through the mutual choice, determining the parties to the labor contract and making full consultation on the terms of the labor contract.

In order to enable the parties to a labor contract to have a comprehensive understanding of the other party when concluding a labor contract, to avoid or reduce the occurrence of future labor disputes, the parties should have the right to know in the process of contracting and fully understand each other.


 

As a weak person, the laborers themselves have relative weakness compared with the employing units. Moreover, at present, the labor market in China is a buyer's market, that is, the supply of labor is far greater than demand, which makes the vulnerable characteristics of workers more obvious.

For example, when a worker is looking for a job, to earn a job to earn money to maintain his livelihood, he has to face the competition of many other job seekers on the one hand. On the other hand, he has to compromise with the employer's unfavorable demands.

This situation has existed for a long time, and the use of units has created a mentality of job seekers' condescending attitude and can not treat job seekers equally.

Usually, when job seekers ask questions of their employers, they should tell their job applicants in detail, but the actual situation is not so. The situation of recruitment units and the pparency of information for job seekers are very low, and sometimes they refuse to tell job seekers.

What is more, some units deliberately released false information, illegally cheated or illegally recruited job seekers.


 

  

Case 1


 

Xiaogang graduated from university this year. He is catching up with the severe employment situation.

He managed to get a chance to interview, and then prepared for the interview.

The interview process is very intense. The interviewer asks him a lot of questions. Xiao Gang answers them. He seems to be very satisfied with the interviewer.

After the interviewer asked all the questions, Xiao Gang also wanted to know about the company, such as the company's business, office conditions, and so on.

But when he opened his mouth, the interviewer became impatient. He said coldly to Xiao Gang, "I don't have time to answer your questions. If you don't want to come to our company, please find another job. If you want to work in our company, go home.

There are more than 20 people waiting for the interview behind you. I have to finish the interview this morning. How can I have time to answer your questions?

Xiao gang had to leave happily.


 

According to the situation in the case, the labor contract law further clarified and strengthened the right to know the laborers in concluding labor contracts, that is, the eighth provision of the law stipulates that when employing units to recruit laborers, they should faithfully inform workers of their work contents, working conditions, working places, occupational hazards, safety production status, labor remuneration, and other circumstances that workers require to know.


 

To sum up, it is very necessary for workers to fully understand the situation of employers when they are employed, and to ensure that laborers really enjoy equal, voluntary and consensus treatment when signing labor contracts with employers. This is very necessary for workers and employers to fulfill their labor contracts in the future and establish stable and harmonious labor relations.


 

 

Employers should pay attention to the following questions when letting job seekers enjoy the right to know:


 

(1) the time to exercise the right to know is in the process of contracting.


 

(2) the scope of the right to know is related to the conclusion of the labor contract, and the commercial secrets of the employer are not the right to know.


 

(3) the information provided by the employer should have the obligation to guarantee the authenticity of the information.


 

In addition, when employing units in the implementation of the right to know, we should pay attention not to infringe on the privacy of job seekers.

If violating the privacy rights of job seekers, there may be some civil disputes.

Now everyone has a strong sense of rights protection, especially for privacy.


 

  

Case two


 

Yuemou, female, graduating from a university.

Recently, like other students, she is worrying about her employment after graduation.


 

 

Recommended by the school, she came to a joint venture for an interview.


 

With his own strength, Yueh will go all the way until the last hurdle: Interview with the head of the Department alone.

When applying for a job, they often encounter awkward events. The media used to report many times, and their roommates had encountered similar things.


 

After asking several general questions, the middle-aged male examiner suddenly came straight to the point: "do you have a boyfriend?"

Despite certain psychological preparations, Yueh was still somewhat caught off guard. She did not know how to respond to the male examiners. She had to scratch her head and answer, "yes."

Male examiners seem to be dissatisfied. The next series of questions make Yueh panic and face: "do you agree with extramarital sex?"

"Do you live with your boyfriend now?"

"In the future, if customers ask you for sex, do you choose to cooperate or refuse?"

Facing constant questioning and the aggressive eye of male examiner, Yue Mou had to prevaricate to deal with the matter.

Responding to Yue's answer, the male examiner was obviously not satisfied, and he still stood up with the ruler in his hand.

Yueh couldn't bear it. He grabbed his backpack and rushed out of the office angrily.


 

When he thought of his application, Yue Mou was forced to swallow a fly.

So, with the recording materials in hand, the interview situation of the company was exposed through the media.


 

The case raises the question: can employers make use of recruitment opportunities to ask or understand all the job seekers at will?


 

Like a general civil contract, the conclusion of a labor contract must be fully negotiated between the two parties and concluded on the basis of consensus.

And once the conclusion is made, the contents of the contract and the termination or termination of the contract may not be altered without negotiation or statutory reasons.

Therefore, the signing of a labor contract is a very serious matter.

In order to enable the parties to a labor contract to have a comprehensive understanding of the other party when concluding labor contracts, and to avoid or reduce the occurrence of future labor disputes, the labor contract law provides for the parties' right to know in the process of contracting.

The so-called right to know, in short, refers to the right of the parties to the labor contract to understand the relevant information.

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