Guangdong Zhongshan One Employee Forged Resume Is Claimed By Employer 360 Thousand

In mid May of last year, an electrical appliance company in Zhongshan, Guangdong Province, on the grounds of an employee forged academic qualifications and work experience, brought him to court and claimed $366558. In March 1st, the second court of Zhongshan informed the labor contract dispute. Unfortunately, the company was dismissed because it exceeded the limitation of arbitration. In May 2016, a electrical appliance company in the northern town of Zhongshan submitted a complaint to the second court of Zhongshan. The company is going to sue Wang, a research and development director who left in 2014.

The company said in 2012 that it sent an information engineer to an electric water heater Engineer in Zhongshan for a college degree or above with two years of work experience. Wang delivered two resumes to the company in 5 months. In his second resume, Wang said that his diploma was an undergraduate course, and he had been employed in the electrical water heater research and development supervisor of another electrical company in Zhongshan from 2009 to April 2012.

However, "Wang has been responsible for the research and development of water heater projects from April 2012 to July 2014. The production time of a project in the industry generally does not exceed one year. Because of his low professional level, the project has been unable to batch production. A small quantity of qualified products will be released after trial sale, and then the quality problem will be burst. The project is at a standstill. In 2014, July, the company no longer asked him to take charge of the project, Wang said.

"Wang maliciously got a job and brought serious economic losses to the company. In the project he was responsible for, the material purchased from the batch trial production was reduced to dull material, and the total amount of sluggish material was 127608 yuan, and the mould for the project was also reduced to a scrap of iron, and the purchase amount of the company was 223500 yuan. The company sued the court and asked Wang to return the 15450 yuan compensation for the rescission of the labor contract, and the loss of the compensation project was 351108 yuan.

In this regard, Wang argued that things were not what electric companies said. "There is no agreement in the labor contract between the two sides that the R & D Supervisor should graduate from the University. When I enter the office, I will fill in the secondary school education." Wang also said that when he entered the office, the product appearance of the electric water heater project has been set up. He has made great efforts to improve the more than 100 problem points, prompting the product to finally obtain 3C certification.

The court found that the two sides signed the contract. Labor contract On the other hand, Wang's job is civilian posts. Only on the table of employee's personal status is Wang's signature and time in the letter of commitment, and other contents are blank. The electrical appliance company said they only discovered the truth in December 2014 after six months of departure from Wang, and submitted an arbitration application to the labor department in May 2016. However, the labor department will not accept the application because the arbitration request of the electric company exceeds the time limit for arbitration.

The second court of Zhongshan held that Labor dispute The twenty-seventh provision of mediation and Arbitration Law stipulates that the time limit for applying for arbitration of labor disputes is 1 years. The time limit for arbitration shall be counted from the date when the party knows or should know that his rights are infringed. Therefore, the electrical company said that in December 2014, the fact that Wang had fraud existed, and the limitation of arbitration expired in December 2015.

However, the appliance company applied for arbitration to the labour department in May 2016, and no reasonable reason was submitted. Recently, the court dismissed the claim from the appliance company. Ma Mengqiu, judge of Dongfeng court of the second court of Zhongshan, reminded employers to carefully examine the authenticity of applicants' qualifications. Candidates should also be honest. Once they provide forged diplomas, they need to take the following legal responsibilities:

1. according to the relevant provisions of the "law on penalties for public security management", the sale or use of forgery or alteration. Higher education Detained for more than ten days and less than fifteen days, may be fined under one thousand yuan. If the circumstances are minor, detention for more than five days and less than ten days may be imposed with a fine of less than five hundred yuan.

2. according to the relevant provisions of the labor contract law, labor contracts signed by fraudulent means are invalid. The employer can cancel the labor contract signed by both parties according to the stipulation, and there is no need to pay the economic compensation for the labor contract to the other party. If a false diploma is used, the employer will be liable for the economic losses caused by the employer. The employer may be liable for compensation according to the relevant provisions of the labor contract law.

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