First, employers and employees have the obligation to tell the truth, and counterfeiters cheat in company recruitment, which is obviously contrary to it;
Second, it is fraud for counterfeiters to apply for a fake resume and sign a labor contract with the company, but the labor contract signed with the company through fraud is not legally binding from the beginning, and it is an invalid contract, and they can complain for compensation;
Third, according to Article 19 of the Regulations on the Implementation of the Labor Contract Law, an employer may terminate a fixed-term labor contract, an open-term labor contract or a labor contract with the completion of a certain task as the deadline, if one of the following circumstances meets the conditions and procedures stipulated in the Labor Contract Law.
(a) the employer and the employee reached an agreement through consultation; ?
(2) The employee is proved not to meet the employment conditions during the probation period; ?
(3) The laborer seriously violates the rules and regulations of the employing unit; ?
(4) The laborer seriously neglects his duty or engages in malpractices for selfish ends, thus causing great damage to the employing unit; ?
(5) The laborer establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the unit, or the employer refuses to correct it;
(6) The laborer enters into or changes a labor contract against his true intention by means of fraud or coercion or taking advantage of the danger of others;
(seven) the laborer is investigated for criminal responsibility according to law;
(8) The employee is sick or injured at work, and cannot engage in the original work or other work arranged by the employer after the prescribed medical treatment period expires; ?
(nine) the laborer is not qualified for the job, and he is still not qualified for the job after training or adjusting his post; ?
(10) The objective conditions on which the labor contract was concluded have changed greatly, which makes it impossible to perform the labor contract, and the employer and the employee cannot reach an agreement on changing the contents of the labor contract through consultation; ?
(eleven) the employer is reorganized in accordance with the provisions of the enterprise bankruptcy law; ?
(twelve) the employer has serious difficulties in production and operation; ?
(thirteen) the enterprise production changes, major technological innovation or adjustment of business mode, and it is still necessary to reduce the number of employees after changing the labor contract; ?
(14) Other major changes have taken place in the objective economic conditions on which the labor contract was concluded, which made it impossible to perform the labor contract.
Extended data
Contract civil fraud has six characteristics:
1. The fraudster sends a deceptive or false invitation to induce the counterparty to send an expression of intention (offer) to conclude a contract, and uses fraudulent means to achieve the purpose of signing a contract.
2. The fraudster falsely introduces the main terms and relevant key facts of concluding a contract, or conceals the real situation, and sends a statement of intention to conclude a contract to the other party, thus causing the other party to make a wrong commitment, thus achieving the purpose of concluding a contract.
3. After the signed contract comes into effect, the fraudster achieves the purpose of obtaining illegal benefits through the performance of the contract by both parties.
Four, the outstanding feature of contract fraud is that fraudsters generally have the qualification of legal subject or have certain actual performance ability, and may also take the initiative to perform some terms of the signed contract, that is, to obtain illegal benefits from the defrauded party by performing certain contractual obligations.
5. When signing a contract, the "contract breach clause" is intentionally omitted, and the relevant penalty for breach of contract is not agreed, so that the dominant fraudster obtains illegal benefits.
Six, when signing a contract, deliberately set aside a "trap" or "trap", so that the deceived party has wrong behavior in the execution of the contract, so that the fraudulent party can obtain illegal benefits.
Baidu Encyclopedia-Contract Fraud