Can the company terminate the contract because it has been found that its academic qualifications have been falsified for many years? The court ruled

A female employee who has signed two or three rounds of labor contracts with the company had a dispute in the company's production workshop because of pregnancy. As a result, she received a written notice from the company to terminate the labor contract on the grounds that the female employee was unqualified. Not long ago, the Intermediate People's Court of Dezhou City, Shandong Province concluded this labor dispute case, and upheld the first-instance judgment that the company paid the weekly economic compensation of 382 14 yuan to female employees within the time limit according to law, and gave them justice.

From March 9, 2065438, Kloc-0, Zhou recruited a production operator of a company, and both parties signed a fixed-term labor contract with a probation period of 3 months. At the same time, Zhou submitted the high school diploma of the No.1 Middle School in Gaotang County, Shandong Province to the company, and the similar information registered by Zhou on the employment registration form of local authorities was Gaotang No.2 Middle School. On June 22, 2020, 165438+ Zhou had a dispute with the company because she asked for workshop adjustment during pregnancy. Since then, Zhou has never worked in this company again. On June 5438+February 10, 2020, the company sent a Notice of Termination of Labor Contract to Zhou, and the labor contract between the two parties was terminated on the grounds that Zhou provided false academic qualifications. From June, 5438 to February, 2020, Zhou took the company as the respondent and filed an arbitration application with the Labor and Personnel Dispute Arbitration Committee of a city. On October 26th, 200212002, the Labor Arbitration Commission paid the respondent a lump sum of 35,525.7 yuan per week. Zhou and the company refused to accept it and filed a lawsuit in the local court within the statutory time limit.

Regarding the reason why Zhou did not work in the company, the court of first instance found out that after a dispute occurred between the two parties during Zhou's pregnancy on June 22, 2020, the company asked Zhou to "rest" from June 23, 2020. In addition, it is found that the educational requirements of the company for recruiting production line operators are technical secondary school or above; Article 32 of the labor contract formulated by the company and its annex "High Voltage Line" (Article 50 of the prohibition clause) stipulate the circumstances of dissolving the labor contract, including "providing false personal information and work resume when entering the job".

The court of first instance held that the company advocated that Zhou provided false academic qualifications, but failed to provide evidence to prove that Zhou's academic qualifications were false, did not match his job position, or were incompetent in post assessment. As an employer, the company should examine and verify the academic information provided by employees during the probation period, and make a decision on the validity of the labor contract within a reasonable period, instead of dissolving the labor contract on the grounds of providing false academic qualifications when they have been employed for many years. Combined with the fact that both parties renewed the labor contract, it can be determined that the company recognizes the working ability of the week. Therefore, the company terminated the labor contract on the grounds that the academic qualifications were false when Zhou joined the company. Although approved by the unit's trade union Committee, it should also be considered that the company illegally terminated the labor contract. Regarding the amount of compensation, according to the labor contract signed by both parties and the working years of the week, the company should pay compensation of 382 14 yuan to the week. Therefore, the judgment is: 1. The Company shall pay the weekly economic compensation of 382 14 yuan within ten days from the effective date of this judgment; Second, reject Zhou's other claims.

After the judgment of the first instance, the company refused to accept it and appealed again. Dezhou Intermediate People's Court made a final judgment after the second trial: dismissed the appeal and upheld the original judgment. The presiding judge said: although the modern enterprise system gives enterprises the right to choose people, the exercise of power should be moderate. In this case, Zhou has worked for 8 years, not because of his false academic qualifications. The reason why the company unilaterally terminates the labor contract is unacceptable and justified. According to the fourth paragraph of Article 42 of the Labor Contract Law of People's Republic of China (PRC), "female employees are pregnant, giving birth and breast-feeding" is a situation in which the employer may not terminate the labor contract. This is a mandatory provision of labor laws and regulations, and the employer must abide by it, otherwise it will bear corresponding civil liabilities.