Research On Labor Dispute Problem Of Fictional CV Entry

In the case that employers continue to raise recruitment thresholds and employment pressures continue to increase,workers often seek employment through fictional resume information in order to find a job that suits them.In the current "Labor Contract Law",the employment contract of the fictitious resume information only stipulates that the laborer fraud is one of the situations that invalidate the labor contract.However,there is no clear standard for the identification of fraud.This paper selects three typical cases in judicial practice,and studies the labor disputes caused by the entry of fictitious resumes.It provides some reference opinions for analyzing the labor disputes caused by the entry of fictitious resumes in judicial practice.This article is divided into three parts:In the case that employers continue to raise recruitment thresholds and employment pressures continue to increase,workers often seek employment through fictional resume information in order to find a job that suits them.In the current "Labor Contract Law",the employment contract of the fictitious resume information only stipulates that the laborer fraud is one of the situations that invalidate the labor contract.However,there is no clear standard for the identification of fraud.This paper selects three typical cases in judicial practice,and studies the labor disputes caused by the entry of fictitious resumes.It provides some reference opinions for analyzing the labor disputes caused by the entry of fictitious resumes in judicial practice.This article is divided into three parts:The first part is the introduction of three typical cases and the presentation of the focus.All three cases are labor disputes caused by the entry of a fictitious resume.Case 1 The Court of Final Appeal found that the employee's fictitious resume information is a fraudulent act,that is,the labor contract is invalid,so the labor relationship is not legally effective.Although the two sides did not sign a written labor contract,they did not support double wages.Case 2 The Court of Final Appeal held that it was a fact that the employer and the employee did not sign a labor contract.Although the laborer had fraudulent acts,there was no evidence to prove that this was the reason why the two parties could not sign the labor contract,and supported the laborer's demand for double wages..Case 3 The Court of Final Appeal held that although the laborer provided false academic information,it was not a legally meaningful fraudulent act,and supported the laborer's claim for a double wage due to the failure of the parties to sign a written labor contract.Three focus questions are raised for the above three typical cases: 1.Whether the fictional resume entry constitutes a job fraud;2.Whether the fictitious resume entry leads to the invalidity of the labor contract relationship;3.Whether the double salary is applicable in the case of a fictitious resume.The second part makes a legal analysis of the three focus issues.Focusing on the first point,from the employment review obligation and the identification of labor fraud,defining the fictitious resume entry behavior,defining whether the fictitious resume entry violates the contractual obligation to notify and the causal relationship between the fictitious resume entry and the establishment of labor relations,analysis.Focusing on the second point,we analyze whether to define whether the fictitious resume is employed to establish a labor relationship and whether the fictional resume entry constitutes an invalid labor contract.Focusing on the third point,we analyze the nature of the double wage,the scope of application,and the application of the double wage in the factual labor relationship.The third part is to improve the perfection of the fictitious resume employment labor disputes.Suggestions are made from three aspects: the criteria for determining the fraud of entry fraud,the relevant provisions for improving the obligation to notify labor contracting,and the application of the standard for double pay.