When one officially becomes an employee of a company, he or she will be required to fill out a personal information form. And the employee should ensure the authenticity of everything on that form so as to facilitate management.
But, if an employee lies about his or her marital status, should he or she pay for this lie? Can the employer fire the employee for this?
Here is a true story
In May, 2013, Xu was hospitalized for threatened miscarriage. So she asked for half a month′s leave and posted her leave letter to the HR director.
In June, 2013, Xu asked the HR director for another 10 days′ leave on the phone.
But the company insisted that her lying about marital status at the first place could be regarded as fraud, and that it had already justified her choosing to quit this job.
So, what′s the judgment of the court?
The court deemed that the fact that Xu had asked the HR director for sick leave on the phone didn′t justify being absent for no reason, therefore, no rule had been broken.
It′s dishonest of Xu to lie about her marital status, which was wrong, but this didn′t give the company the right to terminate the contract. Because Xu′s marital status was not a qualification for her job, and it said nothing about whether she was a competent employee.
Anyway, Xu′s marital status had nothing to do with her employment contract. Her lying about this couldn′t mislead the employer into signing the contract. Therefore, it was not fraud.
There were no legal grounds for the company′s termination of the contract. So the court didn′t uphold its decision and decided that the employment contract be renewed.
Conclusion:
From this case we can see that in China, the laws protect citizens′equal employment rights. No one will be discriminated against because of his or her nation, race, gender or belief etc.
In this case, a female′s marital status is not directly related to the employment contract, therefore, an employer is not allowed to discriminate against married women and is supposed to ensure that women have equal rights to get employed.
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HACOS,Business Service Solutions Master
