The Silent Fraud Of Employees In Concluding Labor Contract

In this paper,based on the argument that whether the act of concealing personal information by silence between employees and employers in the process of concluding labor contracts constitutes a fraud in labor law,this paper explains the general principles of applying civil silent fraud,studies the relevant provisions and theories of this issue abroad,and discusses the legal provisions and academic research status of our country,So we can draw a conclusion that the silence of employees in concluding labor contract can constitute fraud in labor law,and make a concrete analysis of the premise of its establishment,the elements of identification and the effect of the act.In this regard,this paper mainly discusses from the following four parts.The first part is mainly discussing about the basic theory of the silent fraud of employees in concluding labor contract:on the one hand,through the definition of the relevant concepts of civil silent fraud and the analysis of the connotation and manifestation of labor contract fraud,it points out the concept of labor contract silence fraud and the theoretical and practical significance of this article to identify it as fraud;on the other hand,The general theory of civil silence fraud is sorted out and studied.,and points out the feasibility of applying the theory of civil silence fraud to construct the system that the silent fraud of employees in concluding labor contract,which provides a theoretical basis for the construction of the content of employees contracting silence fraud system.The second part is mainly to find a positive basis for the argument that employee’silence and concealment of true information can constitute fraud in labor law:through the introduction of extraterritorial practices;the interpretation and analysis of China’s law;and the discussion of this issue by academia;to clarify that employee’ silence can also constitute fraud in labor law in the case of violation of the obligation to inform,so as to this paper provides a theoretical support for the following discussion on its constituent elements and the effectiveness of the act.The third part is the confirmation of the silent fraud of employees in concluding labor contract.This part mainly analyses and discusses the premise of the establishment of the silence fraud in labor contract,its constituent elements and the reasons why workers deny that their silence constitutes fraud.Firstly,it points out that the premise that employees ’silence can constitute fraud is the existence of the obligation to inform,and the obligation is limited to the situation of passive informing.Secondly,as far as the constitutive elements are concerned,new opinions are put forward on the objective elements,that is,the employees ’concealment of incomplete information in the way of producing false impressions is also a violation of their obligation to inform;on the subjective elements,the author agrees with the two elements of presumptive intention,that is,there is no need to prove that the fraudster has dual intentions of knowledge and will,but only that the workers are intentional.Violation of the obligation to inform can be done;in terms of the elements of causation the theory of double causation still needs to be satisfied.Finally,as far as the reasons for employees ’refusal of their silence constituting fraud are concerned,the author negates the doctrine that "the employer’s duty of examination" and "the employee have the ability to perform afterwards" are the reasons for employees’ denial of their fraud.On this basis,the author considers that the worker is not liable to inform,has not violated the obligation of informing,has not fulfilled the obligation of informing due to negligence,and has not fulfilled the obligation of informing.There is no causal relationship as the defense of employees to be analyzed in detail.The fourth part is about the influence of silent fraud on the validity of contract.Through the explanation of the current law and the analysis of its inherent logical contradiction,it points out the rationality and possibility of the introduction of revocable system.Based on this,the author holds that the labor contract concluded by the employer by deceiving the employee in a silent way should be stipulated as a revocable labor contract.