Brief facts of the case
On June 19, 2023, Wang joined a real estate development company to engage in financial work. During the application process, Mr. Wang submitted the "Application Resume", which contained the educational background, obtained certificates, work history information, etc. On the day of employment, Wang filled in the above information into the "Entry Registration Form", and the "Entry Registration Form" signed by Wang stated: "I have carefully and carefully read the requirements for filling in the entry registration form, and confirmed that all the contents of the application are true, accurate and complete, and there are no false records, misleading statements or major omissions." "I solemnly promise that if there are false records, misleading statements or material omissions in the content of the report, I will assume all responsibilities." The "Labor Contract" signed between Wang and a real estate development company stipulates that the term of the labor contract is from June 19, 2023 to June 18, 2026, of which the probation period is from June 19, 2023 to September 2023The employer has the right to terminate the labor contract. "The employee warrants that all materials provided to the employer are true, legal and valid, and that all information and materials presented to the employer are true. If the employee violates the above commitments, it will be regarded as fraud, and the employee is willing to bear all economic and legal liabilities arising therefrom, and is willing to accept the employer's decision to terminate this contract accordingly. ”
In August 2023, a real estate development company confirmed that the employee registration form filled in by Wang when he was hired had fictitious educational background, obtained certificates, work history information, etc. On September 18, 2023, a real estate development company notified Wang to terminate the labor contract, terminating the labor contract with Wang on the grounds that "the probation period does not meet the employment conditions" and at the same time stating that "no economic compensation will be paid to Wang".
After receiving the above notice, Wang applied for labor arbitration and demanded that a real estate development company pay him economic compensation. The arbitral award upheld Wang's arbitration claim, and a real estate development company was dissatisfied and filed a lawsuit with the court.
Heard by the courts
After trial, the Beijing Fengtai District People's Court found that Wang was unable to provide the CET-4 and CET-6 certificates recorded in his "Application Resume" and "Entry Registration Form"; It is impossible to explain why there is a difference between the content of "undergraduate study from September 2010 to July 2014" recorded in the "Application Resume" and "Entry Registration Form" and "Part-time study from February 2011 to July 2013" recorded in the "Graduation Certificate"; It is also unable to explain why there is a discrepancy between the position of "assistant manager" in the resignation certificate issued by his previous employer and the position of "financial supervisor" recorded in his "application resume" and "employment registration form". Combined with the evidence submitted by a real estate development company that Wang's work status and work results did not meet the job requirements during the probation period, the court held that Wang's act of providing a false work history when he joined the company violated the commitments he made in the "Employee Statement" and the rules and regulations formulated by a real estate development company in accordance with the law, and also violated the employee's duty of loyalty and diligence. The case is now in effect.
What the judge said
Honesty and credibility are the foundation of life, an important component of the core values of socialism, and an important criterion in the field of labor and employment. Article 3 of the Labor Contract Law of the People's Republic of China clarifies that the principle of good faith shall be followed in the conclusion of labor contracts; Article 8 of the Law clearly stipulates that 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.
At the same time, China's labor law not only fully protects the legitimate rights and interests of employees, but also protects the legitimate employment management rights of employers in accordance with the law. It is an important way for employers to exercise necessary restraint on employees through rules and regulations, and they should be protected in accordance with the law. In practice, if an employer makes clear requirements in the recruitment documents or rules and regulations on the employee's academic qualifications, work experience, qualification certificates and other information closely related to the establishment of the employment contract, it means that the employer is highly concerned about this. If an employee fills in false information even though he or she promises that the information provided is true, it can be found to be fraudulent. If an employer terminates the employment relationship with an employee in accordance with the provisions of the law or the corresponding rules and regulations of the employer, it shall be legally terminated and shall not be required to pay economic compensation or compensation to the employee.
On the one hand, this case warns employees that they should abide by the basic principle of good faith in the process of establishing, performing and terminating labor contracts; On the other hand, employers are reminded that they should establish and improve labor rules and regulations to avoid disputes
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