Fraud In Academic Record Is Found To Be "Untrue" In The Labor Contract.

< p > an animation company lodged a complaint with the labor dispute arbitration committee, claiming that its staff member, Zhang Mou, offered false academic qualifications when he entered the office, demanded to confirm that his labor contract signed with the company was invalid, and asked Zhang to compensate for the economic losses. Finally, the case was prosecuted to the grassroots people, < a href= "http://www.91se91.com/news/index_q.asp" > court < /a >.

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< p > through investigation, Zhang's education information filled out in the entry application form does not conform to her real educational background. It is indeed a false information. However, the court finally made such a decision: first, the court's request for confirmation of the animation company's "a href=" http:// www.91se91.com/news/index_q.asp > labor contract < /a > is invalid.

Two, dismiss the litigation request of the animation company.

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< p > the judgment of this case is: according to the eighth article of the labor contract law, the animation company should check the resume, education and work experience of the employee as an employer, while Zhang should provide the employer with real information about his personal information when applying for the job.

The court's application of this form is false, and its behavior is obviously contrary to the moral principles such as honesty and credit. The court has made severe criticism.

The animation company claims that when applying for a job, the company has the requirements for the applicant's qualifications and experience in the same industry, but the company fails to provide evidence in the lawsuit, and should bear the legal consequences of the inability to prove evidence. Therefore, the court should not accept the claim of the animation company.

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< p > besides, the animation company interviewed Zhang, the company has the right to verify the authenticity of the applicant's personal data, but the animation company did not exercise this right in time, so the company should bear the corresponding consequences.

After the interview, the anime company signed a labor contract with Zhang. After the interview, Zhang's educational background was not true, but his behavior had not constituted legal fraud and coercion. In the case that the animation company could not provide evidence to prove the educational background and work experience was the decisive condition of Zhang, the Court confirmed that the animation company signed a labor contract with Zhang on a voluntary basis. The labor contract does not belong to the invalid contract stipulated in the labor law and the labor contract law. Therefore, the court does not support the request of the animation company to confirm that the labor contract is invalid, < a href= "http://www.91se91.com/news/index_q.asp" > litigation > /a >.

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< p > Xiaobian reminds enterprises of human resources: we must be cautious when recruiting, verify staff's real information in time, and remind workers that we must fill in their real qualifications, experience and other information during the job interview so as to ensure integrity.

There may be some controversies in the existing law in this case. However, whether the contract is finally recognized as effective or invalid, it is not a pleasant thing for enterprises and labourers.

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