Legal consequences of fraudulent recruitment

According to Article 8 of the Labor Contract Law, the employer has the right to know the basic information directly related to the labor contract, and the employee shall truthfully explain it. The basic information "directly related to the labor contract", including the employee's health status, education level, work experience and other information, shall be reviewed by the enterprise.

First, the recruitment company may encounter fraud.

1, the applicant failed to tell the truth about his age, health and education. ;

2. The applicant forged all kinds of documents;

3. The applicant has not terminated the labor relationship with other employers;

4. The applicant deceives the employer by other means.

Second, the legal risks of job fraud

1. If the applicant is employed by fraud, the employment contract may be invalid.

2, due to illegal employment by administrative punishment.

3. Laborers who have not dissolved or terminated their labor contracts with other employers shall be jointly and severally liable for compensation if they cause losses to other employers.

Three, the legal risk prevention measures of fraud

Enterprises should establish complete recruitment rules and regulations, standardize the specific affairs of the recruitment process, not only ensure the quality of employees, but also prevent the legal risks of recruitment, and there are rules to follow when labor disputes arise.

Specifically, measures to prevent legal risks of work fraud mainly include:

1, check whether the applicant's identity, education, qualifications, work experience and other information are true.

According to Article 8 of the Labor Contract Law, the employer has the right to know the basic information directly related to the labor contract, and the employee shall truthfully explain it. The basic information "directly related to the labor contract", including the employee's health status, education level, work experience and other information, shall be reviewed by the enterprise.

If the contract is invalid because the laborer provides false information, according to Article 28 of the Labor Contract Law, if the labor contract is confirmed to be invalid and the laborer has paid the labor remuneration, the employer shall pay the labor remuneration to the laborer. Therefore, even if the labor contract is invalid due to the fraudulent behavior of the workers, the employer must pay the labor remuneration. Bian Xiao, the content of legal risk tips for applying for fraud has been mentioned here. You can continue to consult if you have any questions.

2, review whether the applicant has potential diseases, physical defects, etc.

According to the provisions of Article 40 of the Labor Contract Law, the employer shall not terminate the labor contract if the employee is sick or injured non-work-related. After the end of the medical treatment period, it is necessary to notify the employee in writing one month in advance or pay the employee an extra month's salary before the labor contract can be terminated.

Therefore, when recruiting employees, enterprises should do necessary physical examination to determine whether their physical condition is suitable for job requirements.

3, review whether the applicant has reached the legal age for employment.

According to Article 15 of the Labor Law, employers are prohibited from recruiting minors under the age of 16. Article 6 of the Regulations on the Prohibition of the Use of Child Labour stipulates that if an employer uses child labour, the administrative department of labor security shall impose a fine of 5,000 yuan per month for each child; Whoever uses child workers in workplaces where toxic substances are used shall be given a heavier punishment according to the fine range stipulated in the Regulations on Labor Protection in Workplaces where toxic substances are used, or according to the standard of a fine of 5,000 yuan per child. The administrative department of labor and social security shall also order the employing unit to send the child workers back to their parents or other guardians within a time limit, and all the transportation and accommodation expenses required shall be borne by the employing unit.

4. Examine whether the applicant has signed an unexpired labor contract with other enterprises or assumed the obligation of non-competition.

According to Article 91 of the Labor Contract Law, if an employer recruits workers who have not dissolved or terminated the labor contract with other employers, and thus causes losses to other employers, it shall be jointly and severally liable for compensation.

Therefore, when recruiting employees, they should be required to provide proof of dissolution or termination of the labor contract with the original unit, and keep the original. If the labor contract is not terminated, the original unit shall issue a written certificate agreeing to the employee's entry. It is also necessary to verify whether the laborer bears the obligation of non-competition and check with the original unit.

5. Keep written materials when hiring workers.

In order to avoid disputes between enterprises and employees due to the performance of the right to know and guard against corresponding legal risks, enterprises should establish the awareness of evidence preservation. In the process of recruiting and employing employees, actively preserve the information materials provided by employees in writing, enterprise notification materials and other related materials, and require the providers and recipients to sign and seal, so that disputes can be well documented. It is necessary to establish a personal file for each employee as evidence of the employee's basic personal situation, assessment, rewards and punishments, post and salary changes after application and employment. The employee file shall include but not be limited to the following materials as far as possible:

(1) resume and interview assessment form;

(2) Copy of ID card, academic certificate and household registration book;

(3) background investigation records;

(4) Entry Registration Form;

(5) physical examination form;

(6) Employee confirmation summary evaluation form;

(7) Labor contracts;

(8) Post change records;

(9) wage adjustment records;

(10) reward and punishment records;

(1 1) insurance claim record;

(12) Other contracts and agreements signed with the company;

(13) Other materials that need to be included in the archives;

(14) resignation application and resignation certificate.

Because diplomas, academic qualifications and various certificates are the most important proof materials to prove the ability of candidates, employers can only judge whether the skills of candidates meet the job requirements according to these, and the relevant recruiters of employers are eager to recruit people, so it is unlikely to strictly review the proof materials, so candidates have an opportunity. Therefore, employers still need strict examination to avoid losses. Applicants should improve their awareness of obeying the law and avoid taking chances. It is better to be down-to-earth and keep in mind the legal risks of applying for fraud than to make fraud.