【Trial Requirements】
The employer has the right to know the basic information of the employee directly related to the employment contract, and the employee shall truthfully explain that there is a serious discrepancy between the employee's work experience and the employee's actual work experience in the application registration form and the employee entry registration form, which violates the principle of good faith.
【Brief Facts of the Case】
Xiao Zhang was recruited and received an acceptance letter from an insurance company. When he joined the company, he filled out the application registration form and the employee entry registration form according to the company's requirements, and the two parties signed a labor contract. The employment contract is valid for three years and the probationary period is three months. In the application registration form and employee entry registration form, Xiao Zhang's work experience is "worked in Insurance Company A from June 2013 to April 2019".
Thirteen days after Xiao Zhang's employment, an insurance company conducted a background check on its employees and found that Xiao Zhang had an employment relationship with Insurance Company B between May and June 2018. Between July and September 2018, Xiao Zhang had an employment relationship with Insurance Company C, which was obviously inconsistent with the work experience that Xiao Zhang had filled in during the employment registration. Subsequently, an insurance company served a Notice of Termination of Labor Relations on Xiao Zhang, and claimed that Xiao Zhang had violated the principle of good faith by failing to truthfully fill in his work experience. During the probationary period, if the employment conditions are not met, the company proposed to terminate the labor contract with Xiao Zhang.
Xiao Zhang did not recognize the reasons for terminating the labor contract, and claimed that the insurance company had terminated the labor contract illegally.
【Applicant's Request】
Request for an award to pay compensation for illegal termination of the labor contract.
【Result】
The court rejected the claim for compensation for the illegal termination of the labor contract.
[Reasons for the trial]
The court held that the application registration form and the employee entry registration form filled in by Xiao Zhang when he joined the company both stated that "the company will conduct relevant background investigations on the personnel to be hired, and if the content and relevant information filled in are false, the company will have the right to unconditionally terminate the labor contract with the employee if he does not meet the employment conditions", and that "the above contents are true and valid, otherwise the consequences arising therefrom shall be borne by me". Zhang confirms and signs this. According to the provisions of the Labor Contract Law, the employer has the right to know the basic information of the employee directly related to the labor contract, and the employee shall truthfully explain it. Work experience is one of the basic circumstances directly related to the employment contract, and the employee should truthfully explain it. There is a serious discrepancy between Xiao Zhang's work experience in the application registration form and the employee entry registration form and his actual work experience, which violates the principle of good faith. The application registration form and the employee entry registration form indicate that if the information filled in is false, an insurance company has the right to terminate the labor contract with Xiao Zhang according to the non-compliance with the employment conditions. Accordingly, the court found that it was not improper for an insurance company to terminate the employment contract on the grounds that Xiao Zhang "was proved to be ineligible for employment during the probationary period", and further found that Xiao Zhang's claim for compensation for illegal termination of the labor contract lacked basis, and ruled to reject Xiao Zhang's claim.
【Case source】
On June 9, 2024, the WeChat official account of Tianjin High Court reprinted the case "Can the employer dismiss an employee if he falsifies his resume?" 》。
【Case Tips】
Employers are reminded to terminate an employment relationship on the grounds that the employee conceals work experience, and to examine the legality of the termination, it should be reviewed and judged from the perspective of whether the work experience is directly related to the establishment of the labor relationship, whether the employee's position requires knowledge of work experience, etc., and the degree of severity should be used as the distinguishing criterion. If the employee's concealed work experience is sufficient to influence the employer's decision on whether to establish an employment contract with the employee, then such behavior should be regarded as a serious violation of the principle of good faith. In this case, the employer has the right to assert that the employment contract may be deemed invalid or terminated on this ground because the employee fraudulently obtained the signing of the employment contract.
Remind the employee that if the concealed work experience is closely related to the professional ability of the position, or the work status closely related to the person's professional evaluation, then the employer is not inappropriate to terminate the employee; If the work experience concealed by the employee is relatively short-lived, and the professional experience is not the key information affecting the employer's employment, and the employee does not subjectively have the malicious intent of deception and concealment, although the employee's failure to truthfully fill in the work experience is flawed, but has not yet reached the level of terminating the employment relationship, the employer shall terminate the employment contract on this ground.
Disclaimer: The content of this article is for reference only and is not intended as legal advice for specific cases.