Research On The Legal Problems Of Labor Contract By Fraud

Due to the employment situation of our country becoming serious, employees are a underprivileged class when they seek a job in recent years.To obtain a job, the employee may fabricate or conceal some facts.To enhance the competitiveness,the employing units may overstate or conceal some facts in the recruitment.The fraud of working relationship of both contracting parties causes a series of problems and labor disputes after signing the labor contract.As a result, the number of labor dispute cases has been in a growth trend.There are few contents about the problem of signing the contract in the fraud way in the Labor Contract Law of our country. The regulation about the employer’s obligation of informing the worker and the consequences of signing the contract in the fraud way are summarized.When facing the complex situations in the labor relations,the further explanation is needed.Also,the law lacks the operability.It can not solve the variety of specific labor cases effectively.Therefore,this paper studies the legal problems about signing the contract by means of cheating,aiming to provide theoretical support and reference for the judicial practice to solve the labor dispute cases,protect the interests of workers better effectively,promote the employing unit specification and long-term development,reduce labor disputes, ease the contradiction of the labor relationship between the parties,construct the harmonious labor relations and promote the stable and harmonious development of our society.Based on the analysis of the connotation and the components of the fraud,this paper studies the theory basis of the fraud legal regulation.Combining the concrete fraud cases,this paper analyzes the types of induction and discusses the validity of signing the labor contract fraudulently and the legal consequence needed to bear.Finally, this paper puts forward the legislative and judicial suggestions to avoid the legal risks of both sides who sign the labor contract and balance the rights and interests of both parties.