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On June 1, 2016, Zhang met Zhao, the boss of Company A and its legal representative, at a wedding banquet, and the two had a great conversation. *At that time, Zhao asked about Zhang’s job situation, and Zhang told him the truth. After learning that Zhang was the business director of competing company B in the same district, and given his initial appreciation for Zhang’s oratory skills and work ability, Zhao invited Zhang to work at company A, offering salary benefits that were significantly higher compared to those at company B. Zhang was not satisfied with his work at Company B and had long been thinking about finding another job. Moreover, having heard that Company A’s working environment, employee management, and corporate culture were all among the best in the region, Zhang gladly accepted Zhao’s invitation. Zhao informed Zhang that Wang, the HR manager of Company A, would discuss with Zhang the specific details regarding joining Company A. The next day, Wang called Zhang and asked him to go to Company A for an interview on Sunday. On Sunday, Zhang passed the interview at Company A. Wang issued a job offer to Zhang and required him to come to the company by July 15th, bringing with him a certificate of termination from Company B. On the day of the interview, Zhang recorded everything throughout the process. Zhang resigned from Company B and received his termination certificate on July 12; he then called Wang (the call was recorded) and asked to start working on July 13. However, Wang told Zhang that the boss, Zhao, had been placed under criminal detention by the police on charges of bribery; as a result, Company A is in chaos at the moment, and its current situation makes it unsuitable to hire Zhang. Wang suggested that Zhang look for another job. So, how should Mr. Zhang protect his rights? This is a case worth considering, and the key point of this case is: first, does this case fall under labor disputes? Secondly, if it is a labor dispute, how should Zhang protect his rights? Is it a labor dispute? Labor disputes refer to conflicts that arise between the two parties involved in a labor relationship regarding the fulfillment of labor rights and obligations; they are also known as employment disputes. Such disputes stem from disagreements between employers and employees over the implementation or fulfillment of the labor rights and obligations stipulated by the Labor Law of the People’s Republic of China. Article 2 of the Labor Contract Law of the People’s Republic of China (hereinafter referred to as the “Labor Contract Law”) stipulates that: This Law applies to the establishment of labor relations between enterprises, individual economic organizations, private non-enterprise units and other organizations within the territory of the People’s Republic of China (hereinafter referred to as employers) and workers, as well as to the conclusion, performance, modification, dissolution or termination of labor contracts. **For government agencies, public institutions, social organizations, and workers who have labor relations with them, the conclusion, performance, modification, termination, or dissolution of labor contracts shall be governed by this Law. ” In this case, the dispute arose during the process of concluding the labor contract between Zhang and Company A; therefore, this is a labor dispute. If Zhang wishes to seek legal redress through litigation, he must first apply for labor arbitration. How should one protect their rights? This issue involves several aspects: First, whether an employment contract has been established, and whether a labor relationship exists between Zhang and Company A ； Secondly, the legal basis for Zhang’s pursuit of rights protection ； Third, the scope and basis of Zhang’s compensation. Specifically, has an employment contract been established, and is a labor relationship existing between Zhang and Company A? Firstly, the provisions in the Labor Contract Law regarding the establishment of labor relations between workers and employers. Article 7 of the Labor Contract Law stipulates: “An employer establishes a labor relationship with an employee as of the date of employment.” ”Article 10 stipulates: “To establish an employment relationship, a written labor contract shall be concluded.” If an employment relationship has been established but a written labor contract has not been concluded simultaneously, a written labor contract shall be concluded within one month as of the date of employment. ”It can be concluded from these provisions that a labor relationship is established between the worker and the employer as of the date on which a written labor contract is signed between them, or as of the date on which the employer starts employing the worker. Secondly, the provisions on the formation of contracts in the Contract Law. Article 25 of the Contract Law stipulates: “A contract is formed when the acceptance becomes effective.” ”Article 32 stipulates: “Where the parties conclude a contract in written form, the contract is established when both parties sign or seal it.” ”Article 36 stipulates: “Where the law or administrative regulations require, or the parties agree, that a contract be concluded in writing, and the parties fail to use a written form but one party has performed its main obligations and the other party accepts them, the contract is established.” ”Article 37 stipulates: “Where a contract is concluded in the form of a written contract, if one party has performed its principal obligations prior to signing or sealing the contract and the other party accepts them, the contract is established.” ” As can be seen from these provisions, a contract is established under three circumstances when the subject is qualified and the intentions of both parties are aligned: at the time the acceptance becomes effective ； For contracts that require a formal form by law or by agreement, when the parties sign or seal them ； In a contract that requires a formal form by law or by agreement, if the parties fail to sign or seal it, but one party has fulfilled its main obligations and the other party has accepted them. A labor contract is a legally required formal contract. In this case, Zhang has not yet signed a written labor contract with Company A, nor has he established a de facto labor relationship with the company (that is, he has not provided any services to Company A). This situation does not fall under the circumstances outlined in the Labor Contract Law for the establishment of a labor relationship, nor does it fall under any of the three scenarios for contract formation as stipulated in the Contract Law. Therefore, no labor relationship exists between Zhang and Company A. Secondly, what is the legal basis for Zhang’s pursuit of rights? Zhang did not establish an employment relationship with Company A, and the Labor Contract Law contains no specific provisions governing such situations; fortunately, the Contract Law has relevant regulations. In the article titled \"Labor Contracts Should Be Regulated by Civil Law and Contract Law,\" the author thoroughly demonstrated the fact that the \"Labor Contract Law\" is a special law relative to the \"Contract Law,\" and therefore labor contracts should also be regulated by the \"Contract Law.\" Therefore, Company A in this case should bear liability for breach of contract. First, Company A’s offer is irrevocable. Article 18 of the Contract Law stipulates: “An offer may be revoked.” The notice of withdrawal of the offer must reach the offeree before the offeree sends a notice of acceptance. ”The offeree, Mr. Zhang, has already given his acceptance and made the necessary preparations for it, and therefore cannot withdraw it. Secondly, since no labor contract was established and no de facto labor relationship existed, this case falls within the scope of liability for breach of contract. Liability for breach of pre-contractual obligations refers to the civil liability for compensation that a party is required to bear under the law when, through intent or negligence, they violate such pre-contractual obligations and thereby cause loss to the interests relied upon by the other party. Article 42 of China’s Contract Law stipulates: “If a party, during the process of concluding a contract, commits one of the following acts that cause losses to the other party, it shall bear liability for damages: (1) Engaging in negotiations in bad faith under the pretense of concluding a contract” ； (II) Intentionally concealing important facts related to the conclusion of a contract or providing false information ； (III) There are other acts that violate the principle of good faith. ” In accordance with the above provisions, liability for breach of contract prior to its formation has the following characteristics: It can be deduced from the concept of \"liability for breach of contract prior to its formation\" that it is the legal liability that one party must bear due to its negligent actions during the process of contracting. The most important difference between liability for breach of contract prior to its formation and liability for breach of contract lies in the timing of their occurrence. Liability for breach of contract arises after a contract is validly established, and it is a legal liability that emerges during the performance of the contract; whereas liability for fault in contracting arises during the contract formation process, not after the contract is validly established. Third, what are Zhang’s methods for asserting rights, the scope of compensation he is entitled to, and the basis therefor? If Zhang wishes to seek legal redress through litigation, he should first obtain a unemployment certificate to prove that he is unemployed, and then apply for labor arbitration. In the labor arbitration, Zhang can claim to have started working at Company A; if Company A refuses, he can demand that the company bear liability for damages. Because, although Wang from Company A informed Zhang over the phone that his application for employment was rejected, no formal letter from Company A was received; therefore, Zhang should first attempt to get employed by Company A. If the representative of Company A clearly refuses to hire Zhang in the labor arbitration court, then Zhang can change his claims and demand that Company A bear liability for damages. Zhang’s legitimate interest in reliance has been harmed, and the infringing party, Company A, shall compensate for such losses. In accordance with Article 42 of China’s Contract Law, if a party, during the process of concluding a contract, engages in activities such as pretending to enter into a contract, conducting negotiations in bad faith, deliberately concealing important facts related to the contract or providing false information, or commits any other act that violates the principle of good faith, thereby causing losses to the other party, that party shall bear liability for compensation for those losses. This article establishes the legal basis for contract parties to bear liability for breach of contract due to negligence in contracting. The author believes that, given that Zhang has obtained a unemployment certificate, the scope and extent of compensation should be determined in accordance with the principle of restoring the party to the status quo prior to the contract being terminated, as well as considering the typical time required for a worker in a position of business director to find an equivalent job. Specifically, based on Zhang’s average salary over the last twelve months at Company B, it would be appropriate for Company A to compensate Zhang for 3 to 6 months. Original title: (If the employer changes its mind after agreeing to hire, how can the employee protect their rights?) ）