The Cognizance And Regulation Of Labor Fraud In The Establishment Of Employment Contract

In recent years,the phenomenon of job-seeking,such as hiding one’s marriage and raising a child,has occurred frequently.Workers conceal their real situation,which can be regarded as fraudulent behavior And whether it would,of course,render the employment contract ineffective.According to the current labor law,the contract is invalid if the laborer conceals his true condition or fictionalizes the fact,which can be regarded as Labor fraud.However,in reality,there are many cases where individual employers have abused their right to identify Labor fraud,it also considers false statements by the worker that are not directly or completely relevant to the performance of the employment contract to be fraudulent,thereby claiming invalidity of the employment contract and lifting employment contract without authorization.In addition,some employers are willing to harm the equal employment rights of workers,such as employment discrimination standards as a condition for hiring workers,and workers in the fierce job-hunting process had to make false statements.Therefore,it is necessary to probe into the identification standard of job seeking fraud in the process of employment contract,and to regulate the employers’ arbitrary identification of fraud and abuse of unilateral rescission.This paper expounds and proves the contradiction between the definition of fraud and the validity of contract in civil contract law and Labour Contract Law of the People’s Republic of China Law,an in-depth analysis of the elements and types of fraud in the process of employment contract,and a multi-perspective analysis of job-seeking fraud.Through the selection of relevant judicial cases,this paper analyzes the main manifestations of labor fraud in job-hunting and the focus of disputes in a large number of judicial cases,the author holds that there are three problems in the determination of fraudulent acts in the process of concluding labor contracts.First,whether there is a necessary connection between the employer’s verification of relevant information and the determination of fraudulent acts of workers when recruiting workers,second,compared with the fraud in the civil contract as the cause of determining the invalidity of the contract,then,in view of the particularity of the Labor fraud,whether the "revocable" system can be applied or not,and third,from the perspective of the imputation principle and the relief system,at present,there are still many imperfect aspects in the dispute of Labor fraud.Finally,it is suggested that the identification of fraudulent acts in the employment contract should be strengthened and corresponding preventive suggestions should be made,such as clarifying the obligation of notification of contracting,revising or further improving the enrollment procedure,the "revocable" system will be incorporated into the labor law and improve the anti-employment discrimination provisions and regulate the employers’ abuse of the right to terminate the act.Through a series of measures to ease the contradictions between the two sides,to a certain extent,reduce labor disputes,which is conducive tobuilding harmonious labor relations and promote social stability and harmonious development.