First, the performance characteristics of college students' employment trap
The employment trap of college students refers to the phenomenon that employers, other institutions or individuals take advantage of the weak position of college students (such as lack of social experience, poor self-protection awareness, fierce employment competition, etc.). ), to provide employment opportunities as an incentive, take illegal and immoral means to reach various employment intentions (agreements) with college students with unequal rights and obligations, so as to infringe on their legitimate rights and interests. At present, the employment trap of college students mainly shows four typical characteristics.
First, deception. The main performance is that the recruitment unit gains the trust and high expectations of college students with strong false propaganda, sincere false promises and enthusiastic hypocrisy, and then puts forward harsh conditions in the agreement to hide various illegal purposes.
Second, seduce. The main performance is that the recruitment unit pays attention to packaging, exaggerates the facts, and confuses college students with various signs, honors, treatment and development prospects of the unit. Once a college student is lured into the bait, his face suddenly changes. I am a rogue and I am afraid of who.
Third, concealment. All kinds of tricks of illegal employers have very gorgeous and attractive rhetoric, which sounds well-founded, comprehensive and exciting. In fact, traps are everywhere. College students who are not deeply involved in the world are very simple and difficult to distinguish between true and false, and soon become the object of curiosity.
Fourth, it is illegal. Illegal purposes in employment are different. One is to retain talents in violation of laws and regulations. In order to retain talents, some students have their registered permanent residence and certificates detained, making it difficult for them to go. Some force college students to sign a "prostitution contract", making them "people who live as a unit and ghosts who die as a unit". Some combine hard and soft, on the one hand, writing empty promises, on the other hand, forcing college students to gradually accept the unfair and unreasonable reality. The other is cheating, which makes college students fall into the trap of high salary, training, intermediary, and even induces college students to buy shares, promote sales, pyramid schemes and so on. Some employers set agreement traps, contract traps or probation traps for college students, which makes them feel that they can't stop and have nowhere to pursue.
Second, the main types of employment traps for college students
The first category is the recruitment trap. First, job fairs are illegal. Some double elections are held in the name of graduates' employment, but they have not been approved by the relevant authorities in essence. The units that participated in the double-election meeting also had no self-cultivation and did not work hard, just to make up the number, let the organizers collect high-priced tickets, and the personnel who participated in the double-election meeting traveled at public expense, and the recruiting units collected some information about graduates. Some recruiting units even sell students' personal information, giving some lawless elements an opportunity. The second is to charge in disguise. Some recruiting units don't sign contracts on the spot, and ask to continue negotiations through the internet or telephone, which is charged; Some recruiting units charge applicants registration fees, information fees or training fees. The third is to use recruitment to cover up illegal activities. Some enterprises force graduates to do pyramid schemes, sales promotion or other illegal things under the guise of recruitment.
The second category is the intermediary trap. One is to charge a high intermediary fee and list a lot of units that either don't want people, don't recruit college students, or even don't exist, which makes you bump your head several times and turn around. But want to return the agency fee-difficult! Second, illegal intermediary organizations or intermediary networks in other places charge fixed fees, but shirk their responsibilities for various reasons. Although some companies are introduced, the situation of employers is far from the requirements of job hunting. Even so, after working for a few months, they are often dismissed on the grounds of unqualified probation. The third kind is that illegal intermediaries collude with each other, conducting intermediaries in the name of high-paying employment in big cities, and introducing them to foreign intermediaries after charging a large amount of intermediary fees. Foreign intermediaries find illegal employers or small private enterprises to let college students do odd jobs, but their accounts and files have been illegally detained or even lost for a long time.
The third category is protocol trap. The first is verbal commitment. If an oral promise is not reflected in a written agreement, it is not legally binding. There are contradictions between the subjects of the one-Dan agreement, and all the students suffer. The second is the unequal agreement. Due to the lack of awareness of rights protection, college students are in a weak position in job hunting, and they either don't understand the unequal terms or dare not raise objections, which makes the employment agreement a "overlord contract" to some extent. Therefore, when signing employment agreements, college students must beware of unequal agreements such as unsecured agreements, death agreements and prostitution agreements. Third, the employment agreement replaces the labor contract. Some employers use employment agreements instead of labor contracts. The reason is that many agreements in the employment agreement do not conform to the provisions of the labor law. If a labor contract is signed, many illegal agreements will not exist, and it is difficult to restrain college students and achieve their purpose of illegal employment.
The fourth category is the probation trap. First, there may be hidden mysteries without a probation period. The probation period is an agreed term in the labor contract, which is binding on both parties. The length of the probation period shall be agreed by both parties in the labor contract according to law. Some employers stipulate that college students sign labor contracts when they report for duty, and they will work soon. However, when college students feel that all aspects of the unit are unsatisfactory and want to find another job, they find themselves inadvertently giving up the probation period as a favorable weapon and losing their due rights. In this case, if you want to terminate the contract unilaterally, you will undoubtedly bear a heavy price. Second, the probation period or the probation period is too long. When the Ministry of Labor 1996 fully implemented the labor contract system, it was stipulated that the graduates of colleges, technical schools and technical schools who were newly assigned to work in the employing units still implemented the one-year probation system according to the original regulations, and a probation period of not more than half a year could be agreed during the probation period. Because laws and regulations have no specific provisions on the rights and obligations of probation period, in the employment of college students, violations of laws and regulations are mainly manifested in the total period of probation period and probation period exceeding one year, and some even as long as two years; Some units do not sign contracts in the name of probation period, and extend the probation period as an excuse; Some units sign labor contracts, but write probation period. This phenomenon is very common and should be highly valued by college students.
The fifth category is the training trap. In the employment of college students, we often see some training institutions participating in it, constantly introducing opportunities such as "high-paying employment" and "ensuring employment" to college students, but I don't know that there are many traps. First, there is still no job after receiving training fees. Some training institutions lure college students to pay training fees in the name of "high-paying employment" and "ensuring employment", but refuse to arrange employment for various reasons after the training. Second, training institutions and employers jointly harm college students. After paying expensive training fees, college students are recommended to some remote and low-level enterprises, and they have low-paying jobs that nobody cares about, and even they are dismissed during the probation period. Third, the training trap of employers. Some employers require that new college students must be trained by an institution and pass the examination before they can be hired. So many students have been trained, but few have been admitted. Even so, those who are hired can't escape bad luck, and they are dismissed for various reasons just after the probation period or probation period. Fourth, freedom is lost because of training. As the saying goes, "Without buttonwood, it is difficult to stay in golden phoenix; Plant a buttonwood tree and attract golden phoenix ",but some employers without buttonwood trees have their own" magic weapon "to keep people. That is, the unit pays for training and leaving the post, and "buys" the "freedom" of college students. These employers propose that college students should be sent to training institutions for so-called training before taking up their posts, and a training agreement or labor contract should be signed, stipulating that only qualified personnel can take up their posts after training, and a long-term labor contract must be signed, and a large amount of liquidated damages will be paid for one year of less service. Some units even detain college students' cards.
The sixth category is deposits and deposit traps. According to the relevant national laws and regulations, it is strictly forbidden for recruitment units to charge fees for college students' employment, including information fees, training fees, deposits, security deposits, etc. However, in recruitment, college students often encounter various excuses to ask for fees. On the one hand, college students are eager to find a job, on the other hand, they lack the corresponding legal knowledge and protection consciousness, so they often fall into such a trap.
The seventh category is the security trap. The problems existing in the employment of college students provide opportunities for some lawless people. They often plan carefully, cheat everything and steal everything, and college students will suffer if they are not careful.
1. Ask for various certificates, signatures and seals. If college students leave important evidence in recruitment, they may become debtors in various forms, such as arrears, taxes, guarantors, and may also become targets of extortion.
2. Ask for license fees, information fees, registration fees, labor insurance fees, insurance fees and other fees. As long as college students remember that no matter how eloquent the other party is, they will never spend money if they don't make money, and their wishful thinking will be dashed.
3. Beware of theft and robbery. First of all, be careful when interviewing strangers, strange places and suspicious times. It is likely that there are many traps in every link, which makes you hard to prevent. Secondly, beware of giving your mobile phone and keys to the other party, and don't eat and drink the food and drinks provided by the other party casually, otherwise you may lose everything in an instant. Moreover, beware of fraud. If the other party conducts endless interviews in order to grasp your overall situation, you may already be in a dangerous situation. Either set a small trap to get you into trouble, and then claim at a high price; Or your family and friends may have learned about your car accident and serious illness, so they hastily transferred the money to the account of the criminals.
4. Prevent illegal work. The nature of the work is unknown, the task is unknown, and the action is secretive. At this time, we must attach great importance to it. It may have become an accomplice of criminals. May be engaged in drug-related, smuggling, selling stolen goods, harboring stolen goods, pyramid schemes and other illegal work. And once things get out, the criminals disappear, and you become a scapegoat.
5. The safety of female college students is the first priority. Lawless people are more likely to choose female college students, because they are more difficult to find jobs, easy to be deceived, and have poor defense ability, cowardice and easy to be controlled. If female college students are not careful in employment, they may fall into the trap of criminals and unscrupulous enterprises, from being robbed of money and sex to having nothing, to being caught in pornography, pyramid schemes or being trafficked, or even violent confrontation and losing their lives. Therefore, female college students must put safety first in their employment, and they should not be careless in their thoughts, greedy for money and enjoyment, so as not to be tempted; When you act, you must think carefully to prevent falling into the trap; The specific links should be gradual to prevent giving people a handle.
Third, ways to solve the employment trap of college students
It is the responsibility of the government and society to solve the employment of college students. Especially in the current difficult employment situation of college students, the government and society should strengthen reform and management, safeguard the basic rights and interests of college students, and strive to create a harmonious society.
1. Reform and improve the employment mechanism of college students to protect their legitimate rights and interests. The current employment agreement is not strong enough for employers, and it is difficult for schools to really play its decisive role, which leads to the failure to protect the legitimate rights and interests of students and highlight their weak position. Therefore, it is necessary to reform the current employment agreement system. First of all, the school should withdraw from the signing of the tripartite employment agreement. Colleges and universities are not the main body of employment agreements and do not have the function of social employment management. Taking colleges and universities as the main body of the agreement puts them in an awkward position, which is easy to cause disputes and infringe on students' rights and interests. Secondly, the current employment agreement should develop in the direction of labor contract. Although the current employment agreement for college students has the same effect as the labor contract stipulated in the labor law, the combination of the two is vague, the text of the employment agreement is not standardized, and the content of the agreement is not comprehensive, which often becomes an important factor for employers to evade their responsibilities or violate the legitimate rights and interests of college students. Most importantly, the employment agreement has no legal basis and no legal nature; The content is freely agreed by both parties, and there is no mandatory provision, which is the fundamental reason for the conflict between the agreement and the labor law, the contradiction between employed college students and employers, and the infringement of the legitimate rights and interests of disadvantaged employment college students by employers. The author thinks that the employment agreement for college students should be developed into a labor contract with effective conditions. It may be considered that the employer and the college students have signed a labor contract with effective conditions in advance. This kind of labor contract has laws to follow, and its nature is clear, which can effectively restrain the illegal phenomenon of the employer. Even if there are disputes, there are laws to follow and they can be solved through legal procedures. Thirdly, colleges and universities should dilute the employment management function and strengthen the employment service function. As a university, its more important function is to provide career guidance and employment services for students' employment, and it should not be an embarrassing "third party". The employment management functions performed by colleges and universities should be "returned to their original owners", that is, the relevant government functional departments take it for granted. This can not only avoid the phenomenon of tripartite agreement, but also fully protect the legitimate rights and interests of both parties to the agreement, so that violators can bear corresponding responsibilities.
2. Standardize the management of college students' employment market. The employment market for college graduates is the main channel for employers to negotiate and sign employment agreements with college students, and it is also the main way for the government, society and colleges to promote the employment of college students and provide employment services for them. Due to the lack of social experience and poor self-protection awareness of college students, it is necessary to protect them to some extent. The government, society and universities should actively provide employment services for college graduates, create good employment conditions and strive to promote full employment of college students. In particular, relevant government departments should build platforms and bridges for employers and college students to fully negotiate and find satisfactory "objects" respectively. However, at present, the lack of management in the employment market, the "deterioration" of the function of the employment market and the complicated identity of the market subject have become common problems, which cast a shadow over the employment of college students. Therefore, it is imperative to improve and standardize the management of college students' employment market. Relevant functional departments of the government should strengthen system construction, strictly examine and approve the system, intensify supervision and inspection, and severely crack down on violations of laws and regulations, so as to provide an orderly, standardized, honest and fair market for college students' employment.
3. Strengthen the management of employers. At present, many employers intentionally or unintentionally violate the relevant provisions of the law in employment. What's more, some employers set traps when signing employment agreements with college students, and use this as a basis to infringe on the legitimate rights and interests of the parties for a long time. Therefore, one of the effective ways to solve the employment trap of college students is to strengthen the employment management and inspection of employers, severely punish illegal workers, and at the same time strengthen the propaganda of labor law among workers, encourage them to report and expose illegal phenomena of employers, and standardize the employment behavior of employers according to law.
4, severely crack down on illegal activities of criminals and bad enterprises. Criminals and unscrupulous enterprises seriously disrupt the employment order, pose a serious threat to college students' personal and property, make college students often suffer unbearable blows, have extremely adverse effects on their growth and development, and also cause great damage to social stability and security. Therefore, we should strike hard, persistently stop this trend, and create a good external employment environment for society and college students.
5. Strengthen college students' legal education and raise their awareness of self-protection. To prevent the employment trap of college students, we should not only create a safe, orderly, fair and reasonable external environment, but more importantly, strengthen the legal education for college students, so that they can know, understand and abide by the law and defend their rights with legal weapons. At present, the legal education in universities is not enough, and some legal courses are not taken seriously by college students, which leads to the lack of legal knowledge, indifferent legal concepts and weak awareness of rights protection. Even if their rights are violated, they don't know. Of course, there are many people who are alarmist and submit to humiliation, but few people are defending their rights according to law and fighting for their legitimate rights and interests. This phenomenon not only infringes on the interests and rights of individual college students, but also encourages the arrogance of many lawless elements, causing many unsafe and unstable events, and also adversely affects many college students who have just entered the society, which may lay hidden dangers for their future development.
In addition, college students should constantly participate in social practice, constantly temper in the process of socialization, and quickly mature. The protection of society and schools is limited and short-lived. A more realistic approach is to ask college students to accumulate social experience, distinguish right from wrong, distinguish good from bad, and establish a strong sense of self-protection.