【Trial Requirements】
The requirements for the employee's academic qualifications and skills are not high, and the previous work experience is mainly an aspect of the worker's work experience, which is not enough to affect the establishment of labor relations, and there is no malicious intent in concealing the work experience, and objectively it does not reach the level of "deliberately concealing important work experience and seriously violating the company's system", and the dismissal of the employer on this ground is not supported.
【Brief Facts of the Case】
On December 30, 2022, Wang joined a department store and worked at the food and beverage cashier. Before joining the company, Mr. Wang had signed the "Application Registration Form", which contained "I confirm that all the contents filled in this form are true, and if the actual situation is inconsistent with the content filled, I am willing to automatically give up my qualifications to apply for the job (if I have been hired by the company, the labor contract will be automatically terminated and I will bear the relevant liability for breach of contract). "Contents.
On March 23, 2023, the department store found that Wang had worked in the catering department of this department store for two months 12 years ago, and terminated the employment relationship on the grounds that Wang had concealed his work experience.
Wang asserted that he did not deliberately conceal his work experience, but forgot that he had worked in the catering department of this department store, and that the department store was illegally terminated.
【Applicant's Request】
Request for a ruling to pay 4,000 yuan in compensation for illegal termination of the labor contract.
【Result】
The award paid a request of RMB 4,000 for the illegal termination of the labor contract.
[Reasons for the trial]
The department store's termination of the labor contract with Wang on the grounds of concealing work experience was not based on sufficient factual basis and should be illegally terminated. First of all, the employee has the obligation to truthfully inform and explain the basic information directly related to the establishment of the labor relationship, such as the knowledge and skills, academic qualifications, degrees, professional qualifications, work experience, etc., necessary for the performance of the labor contract. In this case, although Wang's personality and morality, whether he worked in another unit, and his work experience before joining the company were basic circumstances directly related to the establishment of the labor relationship, Wang's position was that of a catering receptionist, and his main job content was to clean the dining table in the restaurant. From an objective point of view, the requirements for the employee's academic qualifications and skills are not high, and the previous work experience is mainly an aspect of the worker's work experience, which is not enough to affect the establishment of labor relations. Secondly, Wang's forgetfulness of a two-month period of labor experience 12 years ago when filling out the "Application Registration Form" is understandable, and subjectively there is no malicious intent in concealing work experience, and objectively it does not reach the level of "deliberately concealing important work experience and seriously violating the company's system".
【Case source】
On September 6, 2023, the WeChat official account of the Human Resources and Social Security Bureau of Xicheng District, Beijing, reported the case "Arbitration Lecture Hall|The content of the position and work experience should be comprehensively considered when terminating an employment contract on the grounds that an employee conceals his work experience".
【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.
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.