Study On The Laborers' Providing Contract Information Obligation

The Laborers' Providing Contract Information Obligation stems from the principle of honesty and credit,which refers to the obligation of the laborer to truthfully explain the important facts affecting the contract at the contract contracting stage,and is the Labor Contract Law of the People's Republic of China(hereinafter referred to as the Labor Contract Law).)Article 8 is established.However,since the Labor Contract Law only provides a principled provision for the laborer's contracting information,this brings confusion to the application of the law.By tidying up the case,the author summarizes the following points of focus on the obligation to provide information on labor contracting parties: 1.Whether the laborer violates the obligation to provide information on the contract,2.How does the qualitative worker violate the obligation to provide information on the contract,whether it constitutes Applicant fraud;3.If the employee violates the obligation to provide information on the contract,whether the contractor's right to terminate the contract is blocked by the employer's contract renewal contract,the fact that the laborer has corrected the fictitious facts,and the long-term existence of the labor relationship.The reason why it causes confusion in the application of law or even different judgments in the case is that the functional orientation of the obligation to provide information on labor contracting is not clear enough,and the definition of the obligation to understand the laborer's breach of contractual information is not uniform;The violation of the obligation to provide information on contracting information needs to be refined,and the situation of the laborer's positive behavior such as fiction and negative behavior such as concealment and silence is discussed.3.Based on the relative nature of the contract,the employee is obligated to provide information in violation of the contractual information.In the case of acceptance by the unit,it can counter the right of rescission of the employer.Defining the obligation of the employer to accept the violation of the contractual information by the employee needs to be judged in conjunction with the specific circumstances,and the burden of proof by the employee.Accordingly,it is necessary to clarify the position of labor contractual information provision obligation in labor relations,to summarize the scope of laborer's contractual information provision obligation,to review the obligations of laborers to fulfill the contractual information provided under different conditions,and to analyze the laborer's obligation to provide non-compliance with contractual information.s consequence.If the obligation of labor contractual information provision is the result of the development of the principle of good faith in the field of labor contract,then the information asymmetry in the contracting stage is the reaffirmation of the obligation of the labor contract to provide information: the contract of labor contract,the laborer holds the employer The information required by the unit to conclude a labor contract.If the information is collected and verified by the employer,the contracting cost will be too high.Therefore,the obligation to provide labor contract information is established in the legislation to achieve mutual benefit and win-win results.Under the guidance of the principle of honesty and credit and the promotion of the concept of information symmetry,the obligation of labor contractual information to provide its characteristics in multiple dimensions.From the perspective of the system,the labor contractual obligation to provide information is a contractual obligation.It begins when the laborer applies for a position and ends at the establishment of a labor contract or the establishment of a factual labor relationship.Violation of the labor contractual information provision obligation is the contracting fault.responsibility.From the normative point of view,the labor contractual information provision obligation is a unilateral mandatory obligation,and the unilateral mandatory effect is reflected on a limited basis,that is,the laborer is obligated to provide information only when it is directly related to the labor contract.On the other hand,it is reflected in the fact that employers are not allowed to expand their obligation to provide information on labor contracting.From the perspective of legal consequences,the labor contractual obligation to provide information is a kind of breach of the obligation of the laborer to provide information,and the employer may not appeal to the compulsory performance,and only obtain the right to cancel the contract or exempt the economic compensation.The way in which the legislation fulfills the obligation to provide labor contractual information,the important facts to be notified,and the exemption of obligations are not expressly stated.The employee's obligation to fulfill the obligation to provide information for the contract is mainly for the worker to passively answer the question of the employer.Under normal circumstances,the employee does not need to provide the information provided by the employer without explicitly requiring the employee to provide the information,but if the employee is engaged in the industry or If the post work has special requirements in law or industry habits,according to the principle of honesty and credit,the laborer should give the initiative to inform.In addition,the performance of the labor contractual obligation to provide information is not limited to written form,and oral presentation is also one of the means of performance.The scope ofinformation provided by laborers is judged by “necessity” and “relevance”.In combination with legislation and judicial practice,the “important facts” that labor contractors must provide are currently defined as personally identifiable information,academic qualifications and work history.Whether it is necessary to provide further qualification certificates,criminal records,personal property status,etc.,needs to be combined with specific positions to determine whether it needs to be provided.Considering that the aforementioned factors are the main manifestation of the ability of the laborer,it is also the most intuitive condition for the employer to judge whether the laborer meets the labor standards.Although the legislation has established the obligation to provide information on labor contracting,the violations and legal consequences have not been refined,resulting in the fact that in practice,as long as the workers are obligated to breach the contractual information,regardless of the degree,the employer can Labor Contract.This one-size-fits-all law applies,on the one hand,does not conform to the realization of the obligation of workers to provide information on the contract,and on the other hand,it is easy to use the unit to appoint and abuse the unilateral right of rescission.Therefore,the behavior of workers who violate the obligation of providing contractual information should be classified to discuss the legal consequences they face.The violation of the obligation of contracting information by the laborer includes two situations,one is a fundamental violation of the obligation to provide information on the contract,which constitutes the application fraud;the other is that the worker does not constitute the application for fraud,and only constitutes the performance of the contract information.obligation.Before the conclusion of the contract,regardless of the extent to which the employee violates the obligation to provide information on the contract,the employer may choose not to establish a labor relationship on the grounds that the employee violates the obligation to provide information on the contract.After the conclusion of the labor contract,for the case where the employee constitutes the application fraud,Article39 of the Labor Contract Law shall apply,and the employer may appeal to confirm that the contract is invalid and cancel the labor relationship between the two parties.However,the legislation does not stipulate the legal consequences of the laborer's obligation to perform the contractual information provision;especially in the case where the employer knows or should know that the employee violates the obligation to provide information on the contract,the employer is in a position to exercise the right of rescission.Does it constitute an acquiescence to the laborer's obligation to provide contractual information?In the case of laborers fulfilling their obligations to provide contractual information,theauthor believes that the contract is not invalid,but should determine whether the employer has the right to cancel according to the severity of the performance,and the right to terminate under such circumstances should be the right to form,with A certain period of exclusion.If the employer cannot claim the cancellation of the contract,the employer may change the content of the labor contract in accordance with the penalties imposed by the rules and regulations or negotiate to achieve relief.At present,the academic responsibilities of contracting faults arising from the contractual obligations of laborers in breach of contractual information provision obligations have not been fully explored.The author believes that the liability of the laborer for contracting negligence includes returning the property and compensating for the loss.Specifically,the employer can claim that the employee returns the employer's various supporting facilities and tools provided by the employer for the convenience of the worker's work,and applies fraud to the employee.Compensation for damages caused by economic losses or reputation losses of the employer.