Labor Law: The Risk Brought By The Use Of False ID Cards

The eighteenth provision of the Ministry of labor on the provisions of the labor law stipulates that "fraud" refers to a party's intention to inform the other party of the false situation, or intentionally concealing the real situation and inducing the other party to make a wrong intention.

For example, labourers use false identity cards, but the unit does not employ workers on the basis of such behavior. Labourers are only suspected of cheating, rather than labor legal fraud.

What is the consequence of fraud? That is, the labor contract signed by both parties is invalid.

According to the twenty-sixth articles of the labor contract law and the eighteenth labor law, the labor contract is invalid or partially invalid if the other party violates the true meaning by making use of fraudulent coercion or taking advantage of danger.

An invalid labor contract is not legally binding from the time it is concluded.

However, if the laborers provide labor and obtain corresponding labor remuneration, the two parties still constitute labor relations.

Of course, the unit can terminate labor relations on the basis of the thirty-ninth item and fifth item of labor contract law, which is caused by laborers' fraud.

Employees who use false identity cards to enter their jobs may be injured when they are injured at work.

If the employee has reached the age of 16 at the time of injury, he has already established a labor relationship with the unit and can be identified as an industrial injury.

If the employee is under 16 years old, the unit belongs to illegal employment. At this time, it should be handled according to the "one-off compensation method for casualties of illegal employment units".

If it belongs to

Can we enjoy the treatment of work-related injuries? According to the "industrial injury insurance Ordinance", laborers' work injury treatment is actually divided into two parts.

Part of the work is undertaken by the unit (suspended wages, pay off time, nursing expenses, one-time disability employment subsidies for the termination or termination of contracts, disability allowance for grade five or six disabled employees, etc.), part of which is borne by the industrial injury insurance fund (for example, disability allowance, one-time medical subsidy, medical expenses, disability protection fees, etc.).

In the above circumstances, whether the worker is false or not, the unit should bear the part of the unit, and the unit should pay. There are two cases that should be borne by the work-related injury insurance fund: if the unit is not insured, this part of the responsibility will be borne by the unit; if the counterfeiters are insured in a false status, the industrial injury insurance fund will often refuse to pay the work-related injury.

Treatment.

Who should assume the responsibility? The first opinion is that the unit is not responsible.

The reason is that the employee does not provide his true identity information, resulting in the unit can not pay the industrial injury insurance premium in his own name, the fault liability is entirely in the staff.

The second view is that the unit assumes responsibility according to the size of the fault.

The reason is that the employee has fault, but the unit fails to fulfill the necessary duty of review, and there are also faults. Therefore, the legal consequences should be borne according to the fault proportions of both parties.

This proportion is usually allocated in practice, the smaller the wrong party bears the 20%-40% liability, the larger the fault party takes the 60%-80%.

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How to allocate the size of the fault? Generally speaking, in judicial practice, if a worker has a full capacity for civil conduct when he has reached 18 years of age when he has an industrial injury, he should recognize the consequences of his actions and therefore have greater fault.

The unit is not strict enough to undertake minor responsibilities.

If a worker has a minor injury or a minor injury, he will have a lesser responsibility because the identification ability of the minors is relatively weak.

The unit is not strict with the entry examination of minors.

The third view is that the unit should be entirely responsible.

Whether or not a labor contract is signed, employees should be entitled to work-related injury insurance after they are identified as work-related injuries.

It can be seen that labourers' false identity cards will not only bring unnecessary risks to the units, but also the workers may suffer losses because of the differences in their opinions.

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