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Is it valid to sign a contract for cheating in recruitment?
If someone cheats and signs a contract, it is not an invalid contract at this time, but a revocable contract, and the defrauded party has the right to request the people's court or an arbitration institution to cancel it.
After being cheated to sign a labor contract, the contract is invalid on the basis of:
1. Causing the other party to conclude or change a labor contract against its true meaning by means of fraud, coercion or taking advantage of the danger of others;
2. The employer exempts itself from legal responsibility and excludes the rights of workers;
3. Violation of mandatory provisions of laws and administrative regulations.
There is evidence that the labor contract was signed by deception, and the labor contract may be invalid.
The five invalid contracts are as follows:
1, concluded by a person without civil capacity, or concluded by a person with limited civil capacity without the consent of the legal representative. ...
2. The meaning is false;
3. Malicious collusion damages the interests of the state, the collective or others;
4. Violating public order and good customs;
5. Violation of mandatory provisions of laws and administrative regulations.
To sum up, the conclusion of a contract should be the true intention of the parties. A contract concluded against the true meaning of the defrauded party is a revocable contract, and the defrauded party has the right to request the people's court or an arbitration institution to cancel it.
Legal basis:
Article 148 of the Civil Code of People's Republic of China (PRC)
If a party commits a civil legal act that goes against its true meaning by fraudulent means, the injured party has the right to request the people's court or an arbitration institution to cancel it.
Article 149
If a third party commits fraud, causing one party to commit a civil legal act against its true meaning, and the other party knows or should know about the fraud, the defrauded party has the right to request the people's court or an arbitration institution to cancel it. Article 155 A civil juristic act that is invalid or revoked is not legally binding from the beginning.
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