Ms. Guo found a job in Hangzhou, and got an offer letter on March 9th, telling her to report to the company on March 16. But because Ms. Guo is busy with the demolition of her hometown, she feels that running back and forth is too hard, so she doesn’t want to go to work anymore. She communicated with Manager Chen of the company’s personnel department one day in advance. Manager Chen said that the position was an urgent job, saying that she “has no integrity at all”, and then sent her personal information to Moments with a text “This kind of person, fellow colleagues, do you dare to use it?” Ms. Guo felt that her privacy had been violated.
What do you think of the behavior of women and HR? What laws and common sense are involved in this?
First, let’s take a look at what offer means. It is the abbreviation of offer letter, which actually means “letter of invitation”, which is equivalent to a notice description. Under normal circumstances, if you pass the interview, when you decide to hire, the other HR will send you an offer, sometimes by email, sometimes by phone. However, understand one thing: a general offer does not mean a contract, which means that when you receive an offer, you are not signing a labor contract, so you are still in a free status before signing the contract. 2. If you replied to the offer, that is to say, you clearly agreed or when you will be employed. For such a situation, if you clearly reply to your willingness to join in the email, strictly speaking, it is a basic agreement. If you do not go to work at the company, you can count as a breach of contract. However, if the offer sent to you by the other party does not indicate the consequences that you will have to bear if you do not go in the future, that is, it does not tell you the consequences of not going to work, then it is fine, because there is no basis. If it is clearly stated in the offer that when you reply to this email, and you do not enter the job, what responsibilities you need to bear, that is, it is very clear, it is really bad if you do not go, because at this time there is justification and evidence. 3. What should I do if I accept the offer but don’t want to go? Now that you received the offer, it means that you have gone through several rounds of interviews. Everyone feels ok with each other, but you have a better choice or you chose to give up for objective reasons. In fact, at this time, you can call the other party. Regardless of whether the offer is restricted to responsibilities, you have to call the other party to explain the situation. This is professionalism, because no facts have been generated at this time. Working relationship, it is also possible to explain the situation. Generally speaking, no HR hears you say that you don’t want to come, and try to keep it, but it doesn’t exist. In fact, there are many situations in the workplace, especially during the interview process. If you are not a senior in the industry or an indispensable talent, it is generally okay. It is moral restraint or both parties feel uncomfortable. Sometimes you are admitted, the company finds other suitable people, and you are no longer needed. This situation also exists, and in the end it will be nothing. 4. Is hr’s act an infringement? The question of whether hr is infringing, can only put forward a little personal thought. First of all, you need to clarify whether hr infringes on your right to privacy or personal reputation, etc., depending on the specific legal basis. Infringement of privacy does not constitute a crime, and may constitute a civil tort, requiring civil liability. The spread of defamation must be fabricated false facts. If the dissemination is an objective fact, although it is detrimental to the personality and reputation of others, it does not constitute a crime of defamation. As for reputation infringement, even if the content is true and defamation, as long as it is forbidden by law to publicize, publicizing it will damage the personality and reputation of others, and it can also constitute reputation infringement. Even the more true the facts described, the more the degree of infringement will be aggravated. For example, the disclosure of privacy in order to damage the reputation of others, the more realistic the disclosure, the worse the nature of the infringement.