On The Legal Regulation Of Labor’s Entry Fraud

With the development of economy,a large number of laborers are pouring into the market,and the overall form of employment is becoming increasingly severe.In order to be able to stand out in the process of employment workers,they will deliberately conceal some of their true situation when they enter a job.As to the laborers’ “hidden marriage”,“hidden education”,“false education” and other cases of concealing their true situation frequently occur,but as to how these acts should be recognized,as well as the validity of relevant contracts,our laws are not comprehensive enough.Regulating the laborer’s entry fraud can create a good working environment for the laborer and stabilize the relationship between labor and capital.On the other hand,it can also improve the legal consciousness of laborers,form a good working atmosphere and accelerate the sustainable development of social economy.Therefore,it is necessary to regulate the fraud of laborers in order to strengthen the protection of laborers’ rights and interests and stabilize labor-management relations.According to the relevant provisions of the Labor Law and the Labor Contract Law,there are still a lot of problems.The criteria for determining the laborer’s employment fraud are unclear and the legal consequences are uncertain.This leads to the lack of a set of clear and uniform standards for the regulation of laborer’s entry fraud in judicial practice,and the court and the arbitration institution have different findings for the same case.In addition,the relevant liability provisions are not comprehensive,which can not clearly define the scope of laborer’s liability and the scope of loss of the employer,which is unfavorable to the protection of the legitimate rights and interests of both laborers.Germany,France,Italy,and other countries have advanced experience in solving the above problems because of their early start in labor laws.Foreign legislation clearly defines the fraud of workers on employment,establishes the system of voidable labor contracts,and establishes a complete legal liability system.All these provide reference for our country to improve the follow-up legislation.In view of our country’s situation,we should set out from perfecting the relevant legislation,clarify the concept and characteristics of the on-boarding fraud,further expound the necessity of the on-boarding fraud regulation and clarify the significance of the research on this issue.We will improve the criteria for identifying employee entry fraud,and clearly stipulate that the employee entry fraud should meet the relevant criteria for the position to be applied for,the appropriate criteria for the wrong judgment of the employer,and the substantive criteria for the employee to violate the position to be applied for.It shall determine the legal consequences of laborer’s entry fraud,clarify the standard of laborer’s remuneration,add the types of labor contracts that can be revoked and specify the period of removal,grant the employer the right of cancellation,and reduce the recognition of invalidity of labor contracts.The liability of laborer’s entry fraud is regulated from two aspects of responsibility for contract culpability and clarifying the loss and compensation scope of the employer,so that the relevant labor legislation can give consideration to the legitimate rights and interests of the employer while protecting the employer.