A Research On Concluding Labor Contracts By Fraudulent Means And Its Legal Consequences

The current severe employment situation,some workers in order to get a job,to cater to the employer recruitment requirements,often conceal or fictional facts.At the same time,some employers to attract talent,but also inevitably lead to exaggerate or hide,thus,the labor contract signed by fraud cases occur frequently.China's legislative regulations have lost simple and rough,many provisions in theory is still controversial,the actual operation there are many difficulties in the judicial practice,cognizance standards,different codefendant situation have occurred.Therefore,this paper launches the research with a view,which about giving some China's legislative and judicial advices.In addition to the introduction and conclusion,this article has following four parts:The first part is the "problem",according to different judgmentsof two typical cases,reveals that different views,that about standards or considerations of fraud in judicial practice.Collecting relevant judicial decisions in China,and making the identification of concluding labor contracts byfraudulent meansand its legal consequencessummarized and further analysis.The second part is the form of fraud and identification.Firstly,summarized form of fraud in the labor contract law;secondly,combined with the related cases,the author analyzes the identification of the worker's fraud and the conflict of legal rights and interests,mainly including:the boundary between the employers' right to know and the right of privacy of the workers,the identification of employers' discrimination in employment and workers' fraud,the identification of employer's duty of disclosure and he employer's fraudulent behavior,the identification of employer's duty of employment review and the worker's fraudulent behavior,in order to clarify the scope and extent of the labor contract fraud,and provide some reference value for judicial practice to solve such labor dispute cases.The third part is about the legislative defects of fraudulent means to enter into a labor contract.This part expounds whether the labor contracted by fraudulent means can be classified as a change of the revocable contract on the current law;the blind area of legislative principle of equal pay for equal work,lack of maneuverability;the termination of invalid labor contract exists disputes.The fourth part is the legislative proposals.Aiming at the defects of fraud are identified and the relevant law in the judicial practice,the article from the relevant provisions of perfecting labor contracting express obligation,the principle of equal pay for equal work to improve the operability of the payment system,the more variable may revoke the labor contract "into the" labor contract law "Application of multiple perspectives,the imputation principle of dichotomy presented its own proposals.