| In 2014,a case of labor dispute in Guangdong Province sparked extensive discussions in the field of practice about "whether employers should still pay double wages when workers violate the principle of honesty and credit in job-seeking".In the job-seeking stage,some workers violate the principle of honesty and credit just in order to obtain employment opportunities,and make false statements or deliberately conceal important information that is directly related to the job or the performance of the labor contract,which induce the misunderstanding of employer,then establish labor relation with them based on the it;Some employers are lack of legal awareness or try to avoid the risks of employment,which have not concluded written labor contracts with laborers;When comes to job-seeking fraud while the employers don’t have the written labor contracts.The laborer then requires the employer to pay double wages,Shall these cases be supported by people’s court? Nowadays these issues are controversial in judicial practice.This article starts with a real case,and through the comparison of the cases,Trying to understand the legal application opinions of the judge on the double wage penalties in the job-seeking fraud cases,and try to find the conflict among these judgments.In addition,the author will try to analyze the reasons of the conflict among these judgments and will try to summarize the focus of the disputes by reviewing them item by item.Lastly,through normative analysis and theoretical analysis,the author will try to uncover the legal logic applicable to the double wage penalties in job fraud cases.Job-seeking fraud violates the employer’s right to know seriously,hinders the exercise of the employer’s autonomy,disrupts the fair employment order,undermines the fairness and justice of society,which is not a conducive way to construct the harmonious labor relationship.The author believes that the labor relation established by fraud lacks of the true meaning of the employer,which lacks the consent of the parties.In addition it does not produce the legal effect that the fraud party wants.The labor relation based on fraud cannot be established,neither has legal effect.The "laborer" in the hypocritical labor relation establishment based on fraud is not a laborer under the labor law.Who does not have the chance to claim double wage penalties which based on the Labor Contract Law,as well as other labor rights based on legal labor relation such as the social insurance,housing provident fund. |
