The lawyer said that the young man was rejected by the company for gaining 20 pounds due to weight gain | reason | young man

Jimu News reporter Lin Chuhan

"Because I gained 20 pounds more weight than when I applied for a job, the company used this as a reason to believe that I was dishonest, so they rejected me from joining. Recently, a recent graduate from a university in Wuhan, Xiao Qi, encountered something that troubled him.".

In May of this year, he submitted his resume to an information technology limited company in Wuhan on the job search website, applying for the position of planner. After two rounds of interviews, he received an "employment intention letter" from the company. During the physical examination, the company decided not to hire Xiaoqi due to her weight gain of 20 pounds. Upon hearing this news, Xiaoqi expressed his inability to accept it and called Jimu News for help.

After receiving the offer, gained 20 pounds of weight

The company deemed it dishonest and refused to hire

"I cannot accept the company's rhetoric. I am applying for a planning position, which did not specify any strict weight requirements beforehand. I am very angry that I was rejected for this reason." Xiaoqi told reporters that he had just graduated from college this year and with a vision for the future, he submitted a resume to the planning position of the company on a certain recruitment website on May 4th this year. Not long after, he received a reply. After two rounds of interviews, he received an "employment intention letter" from the company's human resources department on May 27th, requesting him to undergo a medical examination. After the medical examination on June 2nd, Xiaoqi uploaded the results of the examination a few days later. Going online, he originally thought he could start working directly and rented a house near his workplace, preparing to report on time, but things turned around.

The resume that Xiaoqi originally submitted

Xiaoqi received previous offers

On June 12th, a woman claiming to be the HR of the company called Xiaoqi and said that she believed Xiaoqi was dishonest because she had gained 20 pounds more weight than stated on her resume in her medical examination report. Therefore, she decided not to hire him.

Xiaoqi's weight stated on the resume is 72 kilograms

The actual weight after physical examination is 82.7 kilograms

Upon hearing the reason for refusing the offer, Xiaoqi felt both sad and angry. "The position I applied for did not specify weight requirements in advance. Can't people gain weight for a period of time?" Xiaoqi said that because they haven't weighed themselves for a long time, there may be a deviation between their initial impression of weight and actual weight when submitting the resume. In addition, after receiving the "employment intention letter," Xiaoqi relaxed his vigilance. During this period, he indulged in binge eating and drinking, which also led to weight gain.

But he believes that this is not a reason for the company not to hire him. "During the two rounds of interviews, the issue of weight was not mentioned. It's really ridiculous to use this reason to reject me now, and I hope you can give me an explanation." Xiaoqi told reporters that being rejected because of "gaining weight" has also put pressure on his mental state, and the company should have an explanation for the various expenses incurred during his job search during this period.

Chat records between Xiaoqi and the HR of the other company

Record of phone calls between Xiaoqi and the HR of the other company

Ms. Zhang, the mother of Xiaoqi, told reporters that after hearing about her child's refusal to be hired due to gaining 20 pounds, she immediately contacted the HR and hoped to communicate with them. However, the HR insisted that it was because Xiaoqi did not truthfully fill in his weight that the company made the decision not to hire him. "HR said that my child was dishonest, and after I communicated with her, she still insisted on this reason. The second time I called and sent a text message, the HR did not respond."

The reporter saw in the resume sent by Xiaoqi that his actual weight after the physical examination was 82.7 kilograms.

Ms. Zhang sent a communication message to the HR of the other party, but the other party did not reply

Lawyer: There is liability for contractual negligence or breach of contract

Can claim compensation from the company

On June 15th, Jimu News reporters, along with Xiaoqi and Ms. Zhang, arrived at the company. Ms. Wu, who claimed to be the person in charge of the company's administrative position, said that she would first record Xiaoqi's demands. "Our company has HR representatives from Chengdu, Guangzhou, and Wuhan responsible for the company's interviews. We need to first check which HR is in contact with Xiaoqi, understand the situation, and then give a response." After communication with the reporter, Ms. Wu said she will provide a response within three working days. And recorded the contact information of the reporter and Xiaoqi.

On June 21st, after three working days, the reporter and Xiaoqi did not receive a response from the company.

Lawyer Wang Haipeng from Hubei Jingzhuo Law Firm believes that the positions recruited by employers are not positions with special weight requirements and have not been explained in advance. Employers cannot terminate them arbitrarily on this basis.

In this incident, in order to establish a labor relationship, Xiaoqi and the employer issued an offer before signing the labor contract to clarify the employee's employment time, job position, salary and benefits, as well as other rights and obligations of both parties. The offer is a form of negotiation between the two parties. "The agreement reached by both parties based on the offer is still the agreement of the appointment contract, with the aim of constraining both parties to sign the labor contract on schedule. Therefore, when the employer sends an offer to Xiaoqi and Xiaoqi clearly expresses his willingness to join the company and refuses to enter into the labor contract with him, it violates the provisions of the appointment contract already reached by both parties and should bear the liability for breach of contract. On the other hand, in this case, the liability for breach of contract and the liability for breach of contract overlap."

Lawyer Wang stated that contractual liability for breach of contract refers to the situation where one party intentionally or negligently violates the pre contractual obligations based on the principle of good faith, such as disclosure, care, protection, and notification, in order to enter into contact or negotiation between the two parties in order to conclude a contract, resulting in reasonable loss of trust or fixed interests for the other party, and establishing contractual liability for breach of contract.

Although the Labor Contract Law of the People's Republic of China does not explicitly stipulate the liability for contractual negligence in the absence of a labor contract, the principle of good faith emphasized in Article 3 of the law is consistent with the original intention of establishing contractual negligence liability. Therefore, it can be inferred from this article that one party needs to bear contractual negligence liability when a labor contract is not concluded due to error.

Lawyer Wang suggests that since the actual employment relationship between the two parties has not yet been established, but because the offer and acceptance are already in place, the contractual relationship has already been established. For this reason, there is no need for a special pre procedure for labor dispute arbitration. Xiaoqi can file a lawsuit with the court in accordance with the relevant content of the Contract Law in the Civil Code, requesting the other party's company to compensate for the expenses and losses incurred during this period. Although Xiaoqi has not officially signed the contract yet, if there is an offer, the expenses incurred during this period can be calculated and compensated at his discretion.