What Are The Information That Job Seekers Should Disclose To Employers?

According to the provisions of the twenty-sixth, thirty-ninth and eighty-sixth articles of the labor contract law, the specific legal consequences include: the labor contract signed is invalid or partly invalid; for an invalid labor contract, the employer can terminate the labor relationship; if the labor contract is confirmed invalid, it causes damage to the employer, the worker shall be liable for compensation.

About job seekers in the interview or signing

When it comes to what personal information should be disclosed to the employer, the law only provides a general stipulation, that is, the eighth provision of the labor contract law stipulates: "the employer has the right to understand the basic situation that the worker is directly related to the labor contract, and the worker should explain it faithfully".

That is to say, when interviewing or concluding a labor contract, the applicant has the obligation to inform the basic situation which is directly related to the labor contract, and the employer has the right to know.

Information about "directly related to labor contracts" is possible.

They are different from their jobs, but they mainly refer to information matching the qualifications of workers.

In practice, job seekers should truthfully explain personal information, that is, the scope of the employer's right to know, generally including: age, home address and main family members of the job seeker; the physical condition is mainly whether they suffer from diseases that are not suitable for job hunting, whether they suffer from infectious diseases, etc.

And so on.

As for personal information which is not directly related to recruitment, such as marital status, life experience, property status, hobbies, whether single parent families, or physical defects that are not related to labor capacity, it should belong to the scope protected by privacy. Job seekers have no obligation to disclose, and single person can not be forced to do so, otherwise, they may constitute employment discrimination against laborers.

Of course, not all concealment is a form of fraud.

Only fraudulent statements are made for those key information related to the labor contract, such as academic certificates, qualifications, knowledge, skills and work experience.

Generally speaking, it is not suitable to be considered as a fraud for the physiological defects, marital status and family members that are not directly related to the labor contract, because these information is not a substantive requirement of the work, and will not affect the working ability of the workers.