When a girl applies for a job, is it necessary to write down the actual situation in the marriage column?

In order to avoid gender discrimination, many girls usually conceal their marital status when filling out the "Job Application Form". Some people clearly do not have children, but they disclose their marital status. Fill in as married with children.

Although concealing the childbirth status is not malicious, when the company leaders know the truth, their first reaction will definitely be to feel that they have been deceived, and then fire the employee who "falsely reported personal information".

So here is a question. For employees who conceal their childbirth status when they join the company, can the company fire them for dishonesty? Let's look at a case. Case

On April 13, 2016, Ms. Lin joined a training institution in Shenzhen as a teaching instructor. On the day of joining, the two parties signed a three-year labor contract. The labor contract stipulated that Ms. Lin’s monthly salary The salary is 6,000 yuan, and the company will pay five insurances and one fund for him in accordance with the law.

When filling in the employment information, Ms. Lin negotiated her marital status as married with children in the "Entry Registration Form" and filled in her daughter's name in the employee's basic information column.

When Ms. Lin was about to sign at the bottom, she saw the statement at the bottom. If the personal information provided by the employee in the application form and the work experience are inconsistent, the company has the right to stop employment, and The labor contract was terminated because of the deception. After reading it, Ms. Lin still signed her name at the bottom.

In early March 2019, Ms. Lin unexpectedly became pregnant. When she went to the hospital for a physical examination, the doctor diagnosed that Ms. Lin’s pregnancy was her first child. When Ms. Lin informed her leadership of her pregnancy, At the end of March 2019, she received the "Notice of Termination of Labor Contract" from the company, with the reason being "employees falsely reported personal information."

In May 2019, Ms. Lin applied for labor arbitration and asked the company to restore labor relations with her. However, she did not receive support from the arbitration committee. Ms. Lin subsequently chose to sue in court. Employee: Concealing pregnancy is not malicious

Ms. Lin’s sign number is that she did conceal her birth status, but the purpose of concealing it was because she was worried that she would not be able to join the job smoothly. It was not subjective malicious fraud, and it took so long to join the job. It also did not bring any economic losses to the company.

The person in charge of the company said that Article 7 of the "Labor Contract Law" stipulates that when the content listed in the employee's resume and job registration form is inconsistent with the natural situation, the employer has the right to unilaterally terminate the labor contract. , so their behavior of terminating the labor contract with Ms. Lin complied with the legal basis and did not constitute an illegal termination of the labor contract.

After the trial, the court held that although the "Labor Contract Law" stipulates that the employer has the right to know the basic information of the employee directly related to the labor contract, and the employee should explain it truthfully, marriage and childbirth status are usually related to There is no necessary relationship between the performance of the labor contract and it belongs to the employee's personal privacy.

In the end, the court ruled that the employer and Ms. Lin should restore the labor relationship in accordance with Articles 8, 26, and 48 of the Labor Contract Law. Summary

In fact, whether a female workplace employee is married has no direct relationship with job recruitment, personal ability, or signing of a labor contract. It is purely an employee’s personal privacy. In other words, employees can choose to truthfully explain to the company, or You can choose not to explain it truthfully.

Moreover, the employer’s requirement to fill in personal marital status on the employee’s employment application form itself constitutes employment discrimination and violates labor laws. Therefore, the company dismissed Ms. Lin on the grounds that “the employee falsely reported personal information.” , which is actually an illegal termination of the labor contract.