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Invite applications for a job destroys provisional constitution Guan Yingru afte
From;    Author:Stand originally

According to our country " contract law " regulation, violate the contract obligation act that signs before, and break a contact just is in subjective on existence fault, cause losing to the other side, the agree is carried conclude a treaty negligence liability.

Airline of one foreign country (next weighing " outside ship company " ) the help wanted that sky of the citizenship in invite applications for a job is being released on the website that entrusts Beijing some aviation to serve a company to serve a company in aviation multiplies. Girl of more than 1000 China attended to apply for, the course is layer upon layer choose, 45 passed second-round exam, interview and check-up finally, company of the ship outside be being pressed asked to deal with abdication of unit of job of domestic politics careful, Xiang Yuan to wait for formalities, these 45 girls also by outside ship company affirms employ.

But those who make a person accident is, in experienced a year of 7 months after awaiting, ship company informs this 45 girls cannot sign the contract that recruit with them however outside. Bilateral classics talks things over for many times not if really, 8 girls are carried to the court finally

Sue bring a case to court, company of the ship outside the requirement and they sign the contract that recruit and recoup their pecuniary loss, beijing some aviation serves a company to assume implicative liability to pay compensation.

In this case cognizance, former defendant is bilateral outside whether ought to company of service of some aviation of ship company and Beijing assume liability to pay compensation to reach assume why to plant the problem of legal responsibility generated controversy.

The court adjudicates finally think, unit of choose and employ persons and laborer all are enjoyed conclude a treaty free, although be in,conclude a treaty negotiation phase, bilateral also answer comply with sincere letter principle. If because its behavior brings about laborer to form reasonable reliance,person unit is used in process of invite applications for a job, laborer according to this reasonable reliance is engaged in corresponding behavior bringing about loss happening, agree of unit of choose and employ persons carries damages responsibility. Tie this record actual condition, company of the ship outside accuser basis asks to resign from former unit, to the loss that accuser causes, ship company should assume liability to pay compensation outside, company of service of Beijing some aviation serves as outside the commission of ship company unit of invite applications for a job, the agree carries implicative liability to pay compensation.

The author thinks, this case belongs to judicatory to carry out medium new-style dispute, forensic court decision has pioneering sense, be worth to draw lessons from.

From the analysis on legal impact property, although this case has specialty, but still should handle with dispute of general and civil contract substantially relatively reasonable.
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