Beijing Industry and Commerce Bureau and the Beijing Municipal Personnel Bureau has jointly issued a "Circular on Strengthening the Administration of Recruitment Advertising," on the job advertisements that "five no." Jobs in Beijing, cancel advertising approval, in order to prevent improper recruiting behavior of flooding, "five no" for the obviously very necessary. But the "five no's" interest in how job seekers can really play a "protective umbrella" role? Articles reporter recently visited the labor law expert, Mr. Zuo Xiang Qi, in his view, job seekers and employers are also faced with how to interpret the present and digest the "five no" question.
Zuo Xiang Qi pointed out that the "five no", the "no to the nation, religious beliefs, refuse to hire or to improve employment standards" and "except for those not suitable for women's work position, shall not refuse to employ women by reason of sex or improve conditions for the recruitment of women "belong to the vulnerable groups" employment discrimination "restrictions. Gender and ethnic discrimination in many enterprises have more or less appeared. China's "Labor Law" stipulates that every worker has an equal right to employment, regardless of nationality, gender, should have equal employment opportunities. In particular, the employer should have an accurate understanding, to avoid intentional or unintentional discrimination.
For the "no violations of other units and the legitimate rights and interests of job candidates or by improper means recruitment," a violation within the meaning of how to define, Zuo Xiang Qi said that this phenomenon is the field of senior managers and IT professionals compete for the relatively To highlight some. Attract qualified personnel and use of improper means to recruitment is different. Improper means there are two: First, knowing that unit labor relations of workers and have not lifted the employment of his (her). Second, although the applicant has terminated all labor contracts and labor relations, but may be countersigned by the way other aspects of the agreement, if the "no trade restrictions" of the agreement, in accordance with this agreement, leaving the original unit in one to three years shall not engage in related industries. Some companies clearly know each other and the original company signed such an agreement, is still hiring this person. This is an unfair means, these companies are digging a purpose, but another important aim is to dig technology or theft of trade secrets of competitors.
For "No job all kinds of names of candidates to collect fees, required applicants to personnel to property documents as collateral," a, Zuo Xiang Qi that many enterprises are still in such practices. The first charge. Candidates should come to me to be a registration fee, form or other fees charged on behalf of such uniform deposit, deposit and other notebook computers. Another approach is the mortgage document. Employers and workers have to understand that, in addition to public security organs, any unit can not be detained residents ID card; in addition to the organ empowered to seize the unit no power to detain degree certificate, title card of any document, which is typical of bullying the weak violations.
For "without the consent of candidates are not allowed to publish, disclose the information of candidates and job information, job candidates unauthorized use of the technology, intellectual" one, Zuo Xiang Qi that is mainly directed against any employer, after receipt of your resume If not hired, will be very random address, resulting in job seekers are dispersed out personal information. Labor relations have yet to conclude whether the success of conservative employers have an obligation to the applicant's privacy. However, some corporate name of "recruitment" senior managers and technical personnel in the guise of cutting-edge, give the candidate a question, the candidates were given a solution to the problem, then inform the applicant company "failed", and then will be to program to solve their own problems. Therefore, job-seekers should beware of their technology, intellectual theft.
Zuo Xiang Qi that the "five no" is the employer in the recruitment of the basic conditions must be done, if we find violations, it should be reported to the authorities. If it is in direct violation of the advertisement, the worker may Advertising Management Business Bureau report; If you find that there are violations in the recruitment process, you can market to the Personnel Bureau of Personnel Management report. Zuo Xiang Qi also suggested that the current "five no's" legal aid approach also appear to be thin, the development provides only a first step, the key is to make monitoring and smooth way to deal with disputes up, so workers can get in case of infringement is more effective protection, which is the relevant functional departments of the future need for further efforts.
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