Failure To Submit An Identity Card Is Not A Reason For Not Signing Contracts.

The eighth provision of the labor contract law stipulates: "when employing units to recruit laborers, they should truthfully inform workers of their work contents, working conditions, working places, occupational hazards, safety production status, labor remuneration, and other circumstances that workers require to know." the employer should have the right to understand the basic situation of the workers directly related to the labor contract, and the workers should explain them faithfully. "

For this clause, we can Labor relations There is a general understanding of the two sides' right to know. Generally speaking, the right of workers to understand the information of employers is extensive and extensive, and the right of employers to understand workers' information is restricted. The legal provisions are only limited to the basic situation directly related to labor contracts. These direct basic situations generally include: Workers' identity information, educational background and work history, physical health and so on. Combined with the case, employers have the right to require workers to provide identity related materials such as identity card or ID card number.

First, the seventeenth provision of the labor contract law stipulates: "the labor contract shall have the following clauses:... (two) the name, address, identity card or other valid identification number of the worker; This means that the laborers have the obligation to cooperate and provide valid identity cards to the employing units. Encountered in practice Worker If you lose your identity card, you can always ask for other valid documents, because the legal identity document is not only restricted to the ID card, but also contains other documents and legal documents issued by the public security department. For example: passport, driving license, Hong Kong and Macau Pass, household registration, proof of residence and so on. Secondly, without legal documents, the employer has the right to terminate the contract. If the worker does not provide identity information, can the employer continue to use the laborer? In fact, there are clear provisions in the fourteenth article of the employment service and employment management regulations: "employing units should not have the following actions: (five) no legal application. ID Personnel;... " This means that the legal system does not advocate employing units to recruit persons without legal identity documents. Therefore, if a worker fails to provide legal identity documents within one month after the establishment of employment relationship, the employer can completely terminate the performance of the labor contract.

According to the provisions of the labor contract law, the employer has the statutory obligation to sign a labor contract with the laborer, otherwise there will be a punitive liability for double pay. The content of labor contract is composed of many clauses. The identity information of laborers is one of the many terms signed by the labor contract. Even if the worker does not provide his identity information, the employer can ask the laborer to fill out his or her relevant information in the labor contract and sign it at the place where the labor contract is inscribed. Therefore, the worker does not provide identity information, which is not enough to cause the employer to sign a written labor contract with the laborer.

The employer shall bear the burden of proof for the reason that the employer and the laborer fail to sign the labor contract. Although in the aforementioned cases, the employer assert that the employee has not submitted his identity card to the company after entering the office, resulting in the failure of both parties to sign a written labor contract, so that the responsibility for not signing the labor contract is in the laborer, so the employer must bear the burden of proof for his claim. If the employer has sufficient evidence to prove that the laborer has evade the signing of the labor contract, he may terminate the labor contract according to the law, instead of defusing the employee with no identity information.