How to defend the inconsistency between resume and social security?

If the company dismisses employees on the grounds that their resumes are inconsistent with social security, it is illegal, because the employer can only terminate the labor contract and dismiss employees under legal circumstances. Therefore, if the employer dismisses an employee whose resume does not conform to the social security, the employee can plead, and the dismissal of the employee must be based on legal circumstances.

Legal basis:

Article 36 of People's Republic of China (PRC) Labor Law Contract Law: "The employer and the employee can terminate the labor contract through consultation."

Article 39 of the Labor Contract Law of People's Republic of China (PRC): "In any of the following circumstances, the employer may terminate the labor contract:

1, proved to be unqualified for employment during the probation period;

2, a serious violation of the rules and regulations of the employer;

3, serious dereliction of duty, corruption, causing great damage to the employer;

4. The laborer establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the unit, or the employer refuses to correct it;

5. The labor contract is invalid due to the circumstances specified in Item 1 of Paragraph 1 of Article 26 of this Law;

6. Being investigated for criminal responsibility according to law. "

Article 40 of the Labor Contract Law of People's Republic of China (PRC): "In any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an extra month's salary:

1. The employee suffers from illness or non-work-related injury, and cannot engage in the original work or other work arranged by the employer after the prescribed medical treatment period expires;

2. The laborer is not competent for the job, and is still not competent for the job after being trained or adjusted;

3. The objective conditions on which the labor contract was concluded have changed greatly, which makes the labor contract impossible to perform, and the employer and the employee cannot reach an agreement on changing the contents of the labor contract through consultation. "

skill

The above answer is only for the current information combined with my understanding of the law, please refer carefully!

If you still have questions about this issue, I suggest you sort out relevant information and communicate with professionals in detail.