Labour Law: Employers Can Dismiss Workers With Resume Fraud.

According to the thirty-ninth provision of the labor contract law, the employer can rescind the labor contract because of the fact that the labor contract is invalid because of the first provision of the twenty-sixth paragraph of Article 1 of this law.

Wang went to apply for the job, and submitted to the company a number of clothing companies in charge of sales and other related proof materials.

The company immediately signed a two-year labor contract with Wang and hired Wang as a sales manager.

6 months later, the company found that Wang's sales performance was mediocre, thus doubting Wang's work experience.

Through investigation, it is found that Wang's work experience as a sales director in many companies is purely fictitious.

The clothing company immediately made the decision to terminate the labor contract.

Wang asked him to leave, but he needed financial compensation.

The company thought that Wang had defrauded his resume with fraud.

The fault is prior and is not entitled to claim economic compensation from the company.

Wang was unwilling to go to Jiangsu Zhenjiang City Federation of trade unions to consult.

The city always told him by analyzing the legal provisions that the employer could dismiss the employer directly, without paying the economic compensation.

Fraud means that one party intentionally creates false appearance or conceals the truth, deceives the other side, and induces the other party to form wrong knowledge and conclude labor contract with it.

During the job search process, there are mainly two forms of Resumes: one is forging academic qualifications, and the other two fabricate experiences.

According to

"Article twenty-sixth stipulates that the following labor contracts are invalid or partially invalid: if they are made by fraudulent or coercion or by taking advantage of danger, they may conclude or change the labor contract in violation of the true meaning; the employer shall waive their legal responsibilities and exclude the rights of the workers; and violate the mandatory provisions of laws and administrative regulations.

The labor contract is identified

It may result in two major legal effects: first, the dissolution of the labor contract.

The eighteenth provision of the labor law stipulates that "invalid labor contracts shall not be legally binding from the time they are concluded."

If the labor contract is invalid due to the fault of the worker, the employer can rescind the labor contract.

The two is the responsibility of compensation.

If the invalid labor contract is confirmed to be invalid, if it causes damage to the other party, according to the eighty-sixth provision of the labor contract law, the fault party shall be liable for compensation.

In this case, Wang made a wrong decision through the way of making a false resume, and signed a labor contract with him.

The employer can not only dissolve the labor contract with Wang, do not need to pay the economic compensation, but also pursue Wang's liability for compensation.