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Human resources training Q & A: Can applicants adopt fraudulent or threatened labor contracts to be legal?

发布时间:2020-01-08 09:33:56 点击量: Source: Global Online School Release time: 2020-01-08 09:33:56 Clicks: share it:

[Case]

In July of this year, a sales manager of a clothing foreign trade processing company left. The company desperately needed an experienced sales manager to take the lead in selling a number of new order products, and then openly recruited to the community. Jia Mou went to apply.

During the negotiations between the two parties, Jia submitted to the company written descriptions and work photos of sales executives who have worked in multiple enterprises. The company was eager for talent and was very satisfied with Jia's work experience, so the two parties immediately negotiated and entered into a written labor contract.

The labor contract stipulates that the company employs Jia as a sales manager with a contract period of two years and a two-month probation period. Jia is fully responsible for the sales of new orders and has decision-making power over the employment of sales department staff.

Two months later, the company found that Jia's sales department had a mediocre performance, but her customer service expenses were rising. She also recruited several relatives to the sales department to pay and not go to work.

Therefore, the company questioned Jia's work experience. After investigation one by one, it was found that Jiamou said that he had been engaged in sales executives in many enterprises as pure fabrications, and that some of the enterprises did not exist at all. The sales experience provided by Jiamou was copied from other people's resumes.

In order to avoid possible problems caused by Jia's continued work, the company immediately made a decision to terminate the labor contract. Jiamou believes that he is working hard to expand sales channels and is about to achieve results. His previous work experience is not related to his current performance. The company has no basis to terminate the labor contract, and a labor dispute has occurred between the two parties.

【analysis】

Article 17 (2) of the Labor Law states:

"The labor contract is legally binding immediately and the parties must fulfill their obligations under the labor contract."

However, if the parties have entered into a labor contract with the other party through acts of fraud or threat, is the labor contract also legally binding?

Article 18 of the Labor Law clearly states:

"The following labor contracts are invalid:

(1) labor contracts that violate laws and administrative regulations;

(2) Labor contracts concluded by fraud, threats and other means. Invalid labor contracts are not legally binding from the time they are concluded. "

Article 26 of the Labor Contract Law also provides:

"The following labor contracts are invalid or partially invalid:

(1) using fraud, coercion, or taking advantage of others to cause the other party to conclude or change a labor contract against its true meaning;

(2) The employer is exempted from its legal responsibilities and excludes the rights of workers;

(3) Violating the mandatory provisions of laws and administrative regulations. "

"Fraud" in the above-mentioned law refers to a party in the labor relationship who deliberately conceals the true situation, deceives the other party, and induces the other party to make a wrong intention and enter into or change a contract with it.

"No legally binding" and "invalid" in the above-mentioned law are counted from the time when the labor contract is concluded, that is, if the labor contract is concluded as a result of one party's fraud, then it will not have legally binding force on the other party .

In this case, in order to achieve the purpose of entering into a labor contract with a clothing foreign trade processing company, Jia concealed his true situation and provided false work experience certificates for sales executives who have previously engaged in multiple enterprises, causing the company to fall into the wrong understanding and cause The company signed a labor contract with her when she was in urgent need of a sales manager. Jia's actions constituted fraud.

Therefore, the labor contract entered into between Jia and the garment foreign trade processing company shall be invalid. If the labor contract is confirmed as invalid by the labor dispute arbitration commission or the people's court, it shall have no legal binding force from the time of conclusion.

This case warns both sides of the labor relationship that in recruitment and employment, candidates have the right to know according to law, and employers also have the right to know according to law.

Before signing a labor contract, the employee has the right to know the relevant rules and regulations, labor conditions, labor remuneration, etc. of the employer. The employer should truthfully explain it; the employer has the right to understand the health status and knowledge of the employee when recruiting the employee. Skills and work experience should be truthfully explained.

In other words, both the employer and the employee should assume the obligation of good faith when entering into a labor contract, otherwise they will bear corresponding legal responsibilities.

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