Legal analysis
If a worker forges his resume, which constitutes fraud, and the company concludes a labor contract against its true meaning, it shall be deemed invalid. Job seekers deliberately fabricate resumes, use forged academic certificates and fabricate false resumes to defraud the employer to sign labor contracts with them, which constitutes fraud, and the labor contracts concluded with the employer by fraudulent means are invalid. The labor contract is confirmed to be invalid, and the employer does not need to pay economic compensation. "Labor Law" and "Labor Contract Law" both stipulate that fraud, coercion, taking advantage of others' danger and other behaviors will lead to the invalidity of labor contracts. Providing a false resume can be regarded as fraud. However, there is a loophole. In fact, the law does not stipulate what kind of fraud means. However, if the employer has clearly defined the fraudulent means in the labor contract or rules and regulations, then the employer can terminate the labor contract with the employee who forged the resume without paying compensation. In social recruitment, employees' work experience is an important part of their resumes. Especially in some high-tech industries, employees' previous work experience in the same industry enterprises is often an important consideration for employers to decide whether to hire the employees and determine the wage standard. In this case, if the laborer submits false work experience, it will inevitably lead the employer to establish labor relations with the laborer based on the wrong speculation of the laborer's ability and approve the wage standard.
legal ground
People's Republic of China (PRC) (China) Labor Contract Law
Article 26 The following labor contracts are invalid or partially invalid: (1) Causing the other party to conclude or change a labor contract against its true meaning by means of fraud, coercion or taking advantage of the danger of others; (2) The employer exempts itself from legal liability and excludes the rights of workers; (3) Violating the mandatory provisions of laws and administrative regulations. Any dispute over the invalidity or partial invalidity of a labor contract shall be confirmed by the labor dispute arbitration institution or the people's court.
Article 39 The employing unit may terminate the labor contract if the employee is under any of the following circumstances: (1) The employee is proved to be unqualified for employment during the probation period; (two) a serious violation of the rules and regulations of the employer; (three) serious dereliction of duty, corruption, causing great damage to the employer; (4) 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; (5) The labor contract is invalid due to the circumstances specified in Item 1 of Paragraph 1 of Article 26 of this Law; (6) Being investigated for criminal responsibility according to law.