Law

Multiple typical cases of infringement of job seekers' rights in the field of human resources services announced

2025-12-09   

This year, the Ministry of Human Resources and Social Security publicly solicited clues about suspected illegal and irregular behaviors in the field of human resources services, and focused on investigating and punishing a number of illegal and irregular cases such as "black job agencies", false recruitment, "direct signing", "guaranteed recruitment", "internal promotion", "recruitment and training transfer", "training loans", and illegal charges. Recently, the Ministry of Human Resources and Social Security reported a number of typical cases, reminding job seekers to be vigilant and strictly guard against job traps. If their rights are infringed upon, they should promptly report and reflect to the local human resources and social security department. ——After investigation, it was found that a certain e-commerce company in Chongqing engaged in online recruitment services without permission. Without obtaining a human resources service license, the company illegally posted recruitment information and charged service fees to employers through the company account "XXX Convenience" on a certain online platform. For the company's behavior of engaging in online recruitment services without obtaining a human resources service license, the local human resources and social security department shall make an administrative penalty decision in accordance with the law, confiscate illegal gains and impose fines. ——After investigation of a false recruitment case by a certain information consulting company in Qingdao, Shandong, the legal representative of the company forwarded recruitment information from other employers through a certain online platform to attract traffic, and charged a consulting fee of 350000 yuan under the name of recruitment services. The local human resources and social security department has imposed administrative penalties on the illegal activities of engaging in vocational intermediary activities without permission according to procedures, and reported the suspected fraud crime clues to the public security department. ——After investigation, it was found that a human resources limited company in Jilin had signed a job introduction agreement with the informant under the pretext of arranging a civil service position (comprehensive text) in a certain group limited company in Jilin City, and charged an information consulting service fee of 200000 yuan. The company engaged in illegal activities such as publishing false recruitment information and seeking improper benefits under the guise of recruitment, involving a huge amount of money, and was suspected of fraud. The local human resources and social security department will report the case materials to the public security and market supervision departments for legal processing, and will revoke the company's human resources service license in accordance with the law. ——After investigation into the "high salary internal promotion" case of a certain information consulting service company in Xuzhou, Jiangsu, it was found that the company, without obtaining a human resources service license, posted recruitment information including "maintenance and repair personnel for a certain subway vehicle" through a certain online platform account "Railway Industry Employment Recommendation". The company signed an "Employment Agreement" with the informant, promising to recommend them to join a certain subway company, with an agreed employment service fee of 58000 yuan and a deposit of 18000 yuan. Later, the person requested a refund due to unsuccessful onboarding, and the company evaded the responsibility for various reasons. The local human resources and social security department shall order the company to stop engaging in vocational intermediary activities in accordance with the law, impose administrative penalties, and notify the market supervision and management and public security organs to handle the company's suspected false advertising and other materials in accordance with the law. ——After investigation into the "high salary internal promotion" case of a human resources limited company in Shaanxi, it was found that the company charged intermediary service fees ranging from 130000 yuan to 200000 yuan to multiple individuals under the pretext of promising to apply for teacher positions in public schools in Xi'an. However, the company failed to fulfill its employment commitments and refused to refund the fees. In response, the local human resources and social security department has imposed administrative penalties on the company in accordance with the law and reported the suspected fraud clues to the public security department. ——After investigation of the "recruitment transfer training" case of a certain education technology company in Yancheng, Jiangsu, it was found that the company did not obtain a human resources service license. For a long time, the company posted videos and articles on a certain online platform, recommended part-time positions, and used language to induce job seekers to participate in training, collecting training fees. After the training, the company recommended job seekers to collect part-time work tasks on the websites of three companies, including XXX Part time Job. When job seekers requested to terminate the training agreement and apply for a refund, they collected liquidated damages through SMS, lawyer's letters, court litigation and other forms, suspected of false advertising, operating beyond the scope, and inducing consumption. The local human resources and social security department shall order it to stop engaging in vocational intermediary activities in accordance with the law, report suspected false advertising, operating beyond its scope, and inducing consumption to the public security and market supervision departments for legal processing, supervise the removal of relevant recruitment information from online platforms, and suspend the company's account publishing function. ——A cultural service company in Qingdao, Shandong, and a technology company in Qingdao are involved in the "recruitment transfer training" case. A cultural service company in Qingdao posted job postings for makeup artist assistants on a certain online recruitment platform. When someone came for an interview, they claimed that they had no work experience and needed two months of training. Afterwards, the job seeker signed agreements such as "Training Agreement" and "Employment System" with a technology company in Qingdao to participate in the training. After investigation, it was found that a certain cultural service company does not have a makeup artist position. It posted recruitment information for makeup artist assistants and induced job seekers to participate in training, which violates laws and regulations by providing false recruitment information and posting false recruitment advertisements. A certain technology limited company engages in unauthorized organization and conduct of vocational skills training, as well as engaging in vocational intermediary activities. The local human resources and social security department has ordered the above-mentioned companies to make corrections within a specified period of time, close job intermediaries, stop running schools, and refund the fees collected. ——After investigation of the "recruitment transfer training" and "training loan" cases of a certain brand management company in Sichuan, it was found that the company induced job seekers to register under the pretext of recruiting for new media operation related positions, claiming that they had no industry experience and needed to participate in a 44 day training program. The training fee was 19800 yuan, and the job seekers processed installment payments through a third-party platform. The local human resources and social security department shall investigate and order the company to stop training activities and refund the fees collected for inducing job seekers to participate in training for improper benefits under the guise of recruitment without obtaining a vocational skills training license. ——After investigation into a case of illegal charging by a certain health management company in Henan, it was found that there was a clause in the labor contract signed between the company and its employees that stipulated the deduction of employees' wages under the pretext of "advance payment of training fees", which violated the relevant provisions of the Labor Contract Law of the People's Republic of China that prohibit the seizure of employees' documents, property, and the requirement for employees to provide guarantees or collect property in other names. In response to the issues identified during the investigation, the local human resources and social security department has ordered the immediate correction of illegal and irregular content in the labor contract, the abolition of clauses related to deducting wages on the grounds of "advance payment of training fees", and the requirement for similar behavior to not occur again. ——After investigation into a case of illegal collection of risk deposits by a certain labor dispatch company in Shanghai, it was found that the company signed a labor dispatch agreement with a certain passenger transportation company in Shanghai and dispatched 11 drivers, but deducted a portion of their wages every month as a risk deposit, which violated the relevant provisions of the Labor Contract Law of the People's Republic of China that prohibit the seizure of workers' documents, property, and the requirement for workers to provide guarantees or collect property in other names. In response to this, under the supervision of the local human resources and social security department, the company refunded the collected risk deposit of 49000 yuan. (New Society)

Edit:Wang Shu Ying Responsible editor:Li Jie

Source:Rule of Law Daily

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