Negative Contract Fault Liability Of Returning Unit After Issuing Notice Of Employment

In order to recruit technicians, a company has released a high salary advertisement through the media.

Ms. Li stood out after the written examination and interview, and received the company's employment notice a month ago. The notice also pointed out that when it clearly defined its position, monthly salary and time limit, it also asked him to report to him within 15 days.

So Ms. Lee resigned from her original job and paid 6000 yuan to the original unit for breach of contract.

When Ms. Li arrived on the way to the company, she was told that the company had already recruited a professional and technical personnel, and the original recruiter was reduced.

After the argument failed, Ms. Lee had to ask the company to compensate for the loss.

It can still be rejected because the two parties have not signed the contract. Ms. Li has not yet become a company employee, and there is no rights and obligations between the two sides.

Ms Li has no right to ask the company to bear any responsibility.

Ms. Li then consulted: is the company's statement correct?

Statement

The company's statement is wrong, and the company must bear the liability of compensation due to the fault of contracting.

Although the tenth clause of the labor contract law stipulates that "labor relations should be established from the date of employment", that is, although the company has clearly defined your position, monthly salary and contract period in the employment notice, it can be concluded that there is no labor rights and obligations between them because there is no actual employment.

If the company cancels employment and does not provide jobs, it can not be regarded as labor disputes.

But this does not mean that there is no need for the company to bear Ms. Lee.

Because it also involves a fault of contracting.

Contracting

A violation of a contract in the course of concluding a contract.

The principle, which leads to loss of trust interest of the other party, shall be liable for damages.

The forty-second provision of the contract law stipulates that a party shall be liable for damages if one of the following situations causes losses to the other party in the process of concluding a contract: he shall make a malicious negotiation on the basis of a contract, intentionally concealment the important facts relating to the conclusion of the contract, or provide false and false information; and other acts that violate the principle of good faith.

Although the labor contract is a special type of contract, the liability for fault in contracting also applies to the field of labor contract.

In the light of this case, in view of the nineteenth provision of the contract law, the offer shall not be revoked in any of the following circumstances: the offeror determines the time limit for the undertaking or irrevocable offer in any other form; the offeree has reason to believe that the offer is irrevocable and has made preparations for the implementation of the agreement.

In this case, after receiving the notice of the company's employment, Ms. Li has been genuinely going to work, and has made corresponding preparations, and even resigned from the original work, and so on. Naturally, the company should not cancel the employment.

The forced withdrawal of the company is undoubtedly a violation of the principle of honesty and credit, especially the losses caused by Miss Lee's 6000 yuan liquidated damages and travel expenses.