If employees cheat at work, can the company terminate the contract?

Can the unit terminate the labor contract by "cheating" to hire employees? In recent years, the employment situation has become increasingly severe, and employers have higher and higher requirements for employees' entry. In order to get a good job, many job seekers will do a certain degree of "technical" processing on their personal information during the recruitment process, so as to increase the bargaining chip for employers to hire them as employees. After signing a labor contract, many units often find that the actual situation of employees is not consistent with what was stated before they joined the company. So for the unit, can it be used as a reason to terminate the labor contract with the employee? Based on his rich experience in the field of labor and personnel, and combined with the specific cases he encountered in practice, the attorney for industrial injury disputes in Jiading District combed and summarized the common cases of employee "fraud" and the handling methods of the unit: Example 1: A food company recruited a production staff and a financial staff. Both Party A and Party B are carriers of hepatitis B, and they apply for production personnel and financial personnel respectively. After joining the company, they learned that Party A and Party B were carrying the virus and decided to terminate the labor contract on this ground. As far as Party A is concerned, because its work involves food production, hepatitis B virus carriers are infectious and cannot engage in such work, and the company can directly terminate the labor contract with Party A. For Party B, according to the national viral hepatitis prevention and control plan, hepatitis B virus carriers can work as usual, but they can't donate blood and be direct food and nurses. For financial personnel, carrying hepatitis B virus will not affect their normal work, so the company cannot terminate Party B's labor contract on this ground ... Example 2: When a manufacturer recruits professional and technical personnel, the applicant is required to have certain technical qualifications, and candidate C lied that he has obtained this qualification and was hired by the company. During the performance of the labor contract, it is impossible to carry out normal work because it does not have technical qualifications, which affects the actual performance of the labor contract. The unit has the right to terminate the labor contract after finding that it is unqualified. It is worth mentioning that if the technical qualification is only a priority in recruitment, rather than to meet the actual business needs of the post, then the employer shall not directly terminate the labor contract of Party C on this ground. Example 3: A high-tech enterprise recruits a general manager, and the applicant is required to have a master's degree or above. Candidate Ding forged a master's degree and was hired by the company. Later, the company learned that the diploma was forged and decided to terminate Ding's labor contract. In this case, education is a necessary condition for employers to establish labor relations with workers. Ding's act of providing false graduation certificate has constituted civil fraud, which should be deemed invalid. The enterprise has the right to terminate the labor contract without paying any economic compensation. Article 8 of the Labor Contract Law of People's Republic of China (PRC) * * * When employing workers, the employer shall truthfully inform the workers of their work contents, working conditions, workplace, occupational hazards, safe production conditions, labor remuneration and other information required by the workers; The employer has the right to know the basic information directly related to the labor contract, and the employee shall truthfully explain it. Article 26 The following labor contracts are invalid or partially invalid: by means of fraud, coercion or taking advantage of a person's danger, the other party is made to conclude or change a labor contract against its true meaning; Article 39 The employing unit may terminate the labor contract under any of the following circumstances: (5) The labor contract is invalid due to the circumstances specified in Item 1 of Paragraph 1 of Article 26 of this Law. Article 8 of China's Labor Contract Law stipulates that the employer has the right to know the basic information directly related to the labor contract, and the employee shall truthfully explain it. This means that workers have the obligation to truthfully and objectively disclose personal information directly related to the performance of the labor contract to the employer, including health status, knowledge and skills, education, professional qualifications, work experience and other related personal information (such as home address, composition of major family members, etc.). ). The purpose of setting the obligation of explanation on workers by law is to help employers understand the personal situation of workers more comprehensively, so as to examine whether they meet the actual needs of the post. The unit has no right to terminate the labor contract, depending on the specific circumstances. In principle, the employer can terminate the labor contract only if the personal information fabricated or concealed by the employee is directly related to the performance of the labor contract. The "direct correlation" here refers to the behavior of workers fabricating facts (or concealing the truth), which is enough to have a negative impact on the normal performance of the labor contract, and may even lead to the failure to achieve the purpose of the contract. Article 26 of the Labor Contract Law stipulates that a labor contract concluded by the other party against its true meaning is invalid by fraudulent means. Once the above conditions are met, the employee's behavior can be considered as fraud, and the labor contract should be deemed invalid according to the Labor Contract Law, and the employer has the right to terminate the labor contract according to Article 39 of the Labor Contract Law. In addition, China's "Labor Contract Law" does not force the unit to pay economic compensation to employees under such circumstances, so employees have no right to ask the unit to pay economic compensation after the labor contract is terminated. It is worth noting that after the labor contract is confirmed to be invalid, the employer shall pay the laborer labor remuneration, the amount of which generally refers to the salary standard of the same period, the same type of work and the same position. Lawyers reminded that the employer's right to know given by law should not be abused. If an employer requires employees to provide personal information, it should be controlled within the scope of the right to know. Workers shall not be asked to provide personal information that is not directly related to the labor contract, especially information involving personal privacy, on the grounds of "fully understanding the workers", otherwise the workers have the right to refuse.