Employee Entry False Status Of Birth, Unit Breaking Labor Contract Violation

Worried about employment discrimination, Ms. Wang, a married and uneducated woman, lied about her education when she was applying for a job.

After being hired, the training center found that Miss Wang dismissed her personal data at first.

Ms. Wang believes that the practice of training centers is discriminatory against employment and violates the provisions of the law.

Recently, the people's Court of Huangpu District, Shanghai, made a judgment on the labor contract dispute, and ordered the training center to resume the labor contract relationship with Ms. Wang.

In September 2012, Ms. Wang applied for a IELTS English teacher at a training center.

Due to the lack of childbirth after marriage, Ms. Wang was worried that the training center would treat the childless women differently when hiring, so when completing the job registration form, they would fill in the column of marriage and childbirth status to be married and educated and falsely report their children's information.

After several rounds of interviews, Ms. Wang successfully entered the training center and signed a two-year labor contract.

Since then, Ms. Wang has been doing well in her work.

Until the 2 menstrual period last year, the hospital was diagnosed with pregnancy, and Ms. Wang informed the training center of the pregnancy.

Unexpectedly, when the Training Center learned about the situation, she released her labor contract on the grounds of Ms. Wang's false personal information.

Ms. Wang believes that its practice is illegal to terminate the labor contract.

To this end, Ms. Wang will take the training center to court.

In the trial, the training center argued that Ms. Wang had completed and signed a series of documents when she entered the office, which required staff to provide real information.

According to the labor contract signed by both parties and the system of rewards and punishments and penalties, employees who provide false information can be dismissed.

It is not improper for the company to terminate the labor contract with Ms. Wang according to the rules and regulations.

The training center also emphasized whether fertility is not related to the position of Ms. Wang, but the issue of honesty is directly related to the position.

After hearing the case, Ms. Wang believed that Ms. Wang did not commit fraud because she worried about discrimination in employment, and the training center made a false statement on the birth status of Ms. Wang when she signed a labor contract, filled out a job application form and a basic employee registration form.

Ms. Wang is now in production leave, and the petition for restoring labor relations with the training center should be supported.

The labor contract law stipulates the truthfully informing obligation of employers and workers.

So, is the fertility status a worker's notification?

What are the legal consequences of the failure of workers to disclose truthfully? In this regard, Xu Hui, the judge in charge of the case, made the following analysis:

First of all, the workers' obligation to inform is "the basic situation directly related to the labor contract", that is, there are substantive matters relating to the performance of the labor contract, usually including the personal identity of the laborer.

To a certain extent, it can reflect the working experience of the workers' work ability and technical proficiency, the letter of recommendation from the original unit, the qualification certificate or health information that must be provided for the special post.

Marriage and fertility are usually not related to the performance of labor contracts.

Secondly,

The false statements in the signing process constitute fraud, which is the basis for the employing units to exercise the right of dismissal.

Among them, fraud means that one party intentionally tells the other person the false situation, or intentionally conceals the real situation, and induces the other party to make a wrong intention.

However, in this case, the training center has made it clear that Ms. Wang is not related to whether she is pregnant or not. The training center does not believe in the birth of the false statement and signs labor contracts with her. Ms. Wang's practice should not be identified as fraud. The training center will not have the right to terminate the labor contract accordingly.