Fortune Telling Collection - Zodiac Analysis - Can the company cancel the labor contract by concealing the status of marriage and childbirth?
Can the company cancel the labor contract by concealing the status of marriage and childbirth?
Second, Article 8 of China's Labor Contract Law stipulates that when employing workers, the employer shall truthfully inform the workers of their work contents, working conditions, working place, occupational hazards, safe production conditions, labor remuneration and other information that the workers require to know; The employer has the right to know the basic information directly related to the labor contract, and the employee shall truthfully explain it. What is the basic situation that the laborer is directly related to the labor contract? Simply put, it is the ability and conditions to perform labor contracts. Specifically, it is education, skills, physical condition and so on. Of course, the specific situation needs specific analysis. As far as you are concerned, the marital status of workers does not belong to the basic situation directly related to labor contracts. For financial positions, whether a worker is married or not does not affect the performance of the labor contract, and it does not belong to the scope of the ability and conditions to perform the labor contract. Therefore, it is not necessary for employers to know the marital status of workers, and I don't think workers have the obligation to inform them.
Third, Article 26 of the Labor Contract Law stipulates that the following labor contracts are invalid or partially invalid: (1) Making the other party conclude or change a labor contract against its true meaning by means of fraud or coercion or taking advantage of the danger of others. ...
Fraud, generally speaking, refers to the behavior that the actor deliberately creates false appearances, conceals the truth and may mislead others. Specifically, it can be divided into two acts, namely, deliberately creating illusion and concealing the truth. There is a premise of "concealing the truth", that is, the actor must have the obligation to inform, otherwise there is no "concealing the truth".
Concealing without fulfilling the obligation to inform does not constitute "concealing the truth" or "fraud". To take a step back, even if concealing marital status is fraudulent and dishonest and violates the "true meaning" of the employer, the problem is that the "true meaning" of the employer cannot violate the law, otherwise it will be invalid. Article 3 of the Labor Law stipulates that workers have the right to equal employment. Employers cannot discriminate in employment on the grounds that workers are married or have children. Therefore, although your company's "true meaning" is "getting married and having children", your request does not conform to the law prohibiting employment discrimination, and it is invalid in itself. If you insist on terminating the contract of female employees, you must bear corresponding legal responsibilities and be cautious.
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