An Analysis Of A Labor Dispute Case Between A Lighting Company And Mr.Xu

Since the "Peking University doctoral waterlogging resume" after the first case,the false resume will cause people's attention.The validity of the labor contract signed by the laborer with the false resume and the employer has become the focus of the field of labor law.The current lack of labor laws and regulations and lag,and the reality of the labor market complex situation,together led to the practice of the same case of different cases.A lighting company and Mr.Xu around Mr.Xu official fictional resume is a fraud,whether the labor contract is invalid,whether a lighting company needs to pay a written labor contract to pay twice the wage difference toMr.Xu dispute.First of all,Mr.Xu to provide false resume is a fraud,need to meet the Four elements of fraud.It should be noted that the fact that the laborer fails to truthfully state that his/her own situation does not necessarily constitute fraud,and that the information that is not disclosed is a direct and inevitable connection to the performance of the labor contract,The proof of the relationship is confirmed by the employer.Secondly,whether the fictional resume leads to the nullity of the labor contract,it is necessary to judge according to the four constituent elements of the labor contract.Only to meet the workers and employers are in line with the main law,the content is legal,meaning that the real,the form of legal circumstances,the labor contract is valid.The case of Mr.Xu fictional resume led to a company is not out of the true meaning of the contract with it,does not meet the effective composition of the labor contract,so Mr.Xu and a company between the labor contract is invalid.Once again,due to fraud caused the labor contract is invalid and due to the absence of a written labor contract to pay twice the wages do not belong to the same problem,should be treated separately,so the employer can not be fraudulent labor led to invalid labor contract as a written labor contract The reason for the defense,the difference between the two wages should be paid to the workers,taking into account the fault of the workers,the contract can be changed on the basis of the appropriate reduction of the remuneration of workers,reducing the base of double wages.By analyzing the effect of the false resume on the effectiveness of the labor contract,I hope to draw the attention of the legislator and the scholar to the labor fraud,so that a more concrete and scientific system and dedication can be made more useful for the labor market Run to provide guidance.