The confusion of netizens:

I am 28 years old and unmarried, but now my employer requires me to be married and have children. It is rare to have several interview opportunities, and I will be asked when I plan to get married, and then wait for the notice in the foreseeable future. I really want to write on my resume that I am married and have children. Will the employer check it? Is it illegal for me to do so?

[Reply from the Special Adviser:]

The marriage and childbearing situation of women in job hunting is a sensitive topic. Employers often think that it is a disaster for the company to have children during pregnancy, childbirth and lactation in the past two years, especially when new employees have children as soon as they enter the company. Under such psychological influence, even job seekers who really don't plan to get married and have children in the near future are vulnerable to accidental injuries.

Whether a job seeker can not tell the employer about his marriage and childbearing situation involves what information he must provide to the employer when applying for a job and what questions he can refuse. Article 8 of the Labor Contract Law stipulates that the employer has the right to know the basic information directly related to the labor contract, and the employee shall truthfully explain it. This sentence defines a principle for job seekers to provide information: it is directly related to the labor contract.

What is directly related to the labor contract? This point is not clear in law and needs to be analyzed in practice. Generally speaking, the directly related things include the information used by the employer to judge whether the job seeker is competent for the job, such as the knowledge and skills, education, professional qualifications, work experience, etc., as well as the information of some employees used by the employer to establish employee files, such as home address, composition of major family members, etc. Generally speaking, the status of marriage and childbearing is not considered as information directly related to labor contracts in the industry. Job seekers can refuse to answer when applying for a job. Even if the answer is not true, the unit has no right to pursue legal responsibility.

But that unit thinks that it needs the marriage and childbirth of employees to file, so you must tell me the truth. Moreover, in practice, there are indeed many companies that have marriage and children to fill in their employee files. The answer is obviously no, because the authenticity of the information required for filing is essentially different from the above-mentioned information for judging whether a job seeker is competent, so the consequences of not providing it truthfully are not the same.

If the knowledge, skills, education and other information is false, it belongs to the job seeker who influences the employment decision of the employer by deception, which constitutes that the labor contract is invalid. Once verified, the employer can immediately terminate the labor contract without paying any economic compensation.

However, if the file information such as home address and family members is false, it will not directly affect the employment decision of the employer. Some units may pay attention to employees' home addresses and predict their job stability by living far and near. The unit will not hire employees who live too far away. However, the influence of home distance on stability cannot be quantified, and it will also be disturbed by other factors such as traffic. Obviously, this will not be a decisive factor for employers to recruit employees, but will only be used as a reference. If a job seeker provides a false home address and deceives the employer, the consequences will not be as serious as the invalidity of the labor contract, but he will bear the responsibility caused by it. Commuting is very difficult. Therefore, if you arrive late and leave early, the unit has the right to punish you according to the rules and regulations. Similarly, if the marriage and childbirth situation is false, then when the employee really wants to take late marriage leave in the future, the unit can refuse to give it on the grounds that the employee is married. Because employees have declared their married status to the company since they joined the company, it is not the first time to get married again, and they can no longer enjoy late marriage leave.

Therefore, if you really want to get a job in this way, and this behavior does not constitute an illegal act, I believe that the unit has no direct way to check the authenticity of this information for the time being. However, when you enter this company, one day your boss will know that the information you gave when you joined the company is false, and your promotion and salary increase will inevitably be affected. Gain and loss can only be measured by yourself.

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