The case of employee resume fraud has happened in many companies. So, is the labor contract of employee resume fraud effective? Xiaobian will use a case to give you a detailed introduction, let's learn about it together.
A food processing enterprise recruits a sales director from the society, and Wang applies for the job. He submitted to the enterprise a written explanation of his previous work as a sales director in several enterprises. The enterprise is eager for talents and soon signed a labor contract with Wang from August 2009 to August 2010. Contract agreement: the food processing enterprise employs Wang as the sales director with a monthly salary of 3000 yuan. After working for two months, Wang's sales performance was flat. The boss asked him to make a sales plan and increase sales. Wang thinks it will take a while to get familiar with the business, so he can't rush it. More than half a year later, Wang's sales performance is still not improving, so the company has doubts about his work experience. So, send someone to investigate, the result discovers Wang Mou to say 'be in charge of sale in many enterprises' pure fictitious. The enterprise immediately made a decision to terminate the contract. So, is Wang's labor contract still valid? Is the employee's resume fake labor contract valid?
Relevant lawyers said that the establishment of fake labor contracts by employees is invalid. In this case, in order to achieve the purpose of signing a labor contract with the enterprise, Wang conceals the real situation, fabricates the previous work experience of sales director in multiple enterprises, and swindles the trust of the enterprise, resulting in the enterprise signing a labor contract with the sales director when it is in urgent need. Wang's practice is a fraud, affecting the normal production and work order of the enterprise. According to the first paragraph of Article 26 of the labor contract law, the labor contract signed by Wang Mou and the enterprise has no legal binding force since it was signed, which should be an invalid contract. Wang's request to pay wages and economic compensation in accordance with the relevant provisions on the termination of effective labor during the alternative notice period has no basis and is not supported.
Finally, the editor reminds you that, at present, the best way for enterprises to prevent employees from counterfeiting their resumes is to carry out background investigation of the employees, which includes the education background, professional experience and other post related content. The survey is generally aimed at the management position, and it is better to obtain the consent of the respondents in advance. In addition, at the time of entry, employees need to fill in the entry application form, which contains the relevant information of employees, and let employees sign and promise the authenticity.