Legal Interpretation: Can Workers' Hidden Marriage Be Dismissed?

Wang, 31, passed a written examination and interview, and signed a labor contract with a real estate company in May 2014.

When Wang came to work formally, he filled out the "unmarried" in the column of marital status.

In late November 2014, Wang found himself pregnant.

In fact, she was already married.

But at the thought of coming to the company for only a few months, and when he entered the office, he said he was "unmarried". Wang did not dare to show the company the fact of pregnancy.

Later, due to the impact of pregnancy on the work, the company found that Wang has been married and pregnant fact, let Wang take the initiative to resign, Wang did not agree.

On the grounds of filling in the false marital status and the invalid labor contract signed by Wang, the company unilaterally terminates the labor contract with Wang.

Wang refused to accept it and applied for arbitration to the local labor and personnel dispute arbitration committee, demanding that the company continue to fulfill its labor contract.

Under the mediation of the Arbitration Commission, the two sides reached an agreement. The real estate company paid 6000 yuan for Wang's economic compensation, and the two sides rescind the labor contract.

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"Article eighth provides that employers shall have the right to understand the basic situation that workers are directly related to the labor contract, and that workers should truthfully explain them.

The twenty-sixth provision of the law stipulates that the labor contract concluded by the other party in violation of the true meaning is invalid by means of fraud, coercion or taking advantage of danger.

Employers have the right to know when recruiting workers, and workers have the obligation to faithfully explain them.

However, the right of the unit to exercise the right to know is

That is, only the right to understand workers and labor contracts directly related to the basic situation, such as job related knowledge and skills, work experience, employment status and so on.

Generally speaking, the marital status of workers is not directly related to their jobs.

Marital status does not belong to the scope of the cause of fraud, when it enters into a labor contract, because it is neither the basis for the unit to make employment decisions nor the scope of the unit's right to know.

In addition, the twelfth and thirteenth articles of the labor law clearly stipulate that workers are not discriminated against because of ethnic, racial, gender and religious beliefs.

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"Article twenty-seventh provides that the state guarantees that women enjoy equal labor rights with men.

The employing units shall not refuse to employ women on the grounds of gender, or raise the employment standards for women, except for jobs or jobs that are not suitable for women by the state.

The employing units employ female workers and shall not stipulate in the labor contract the contents limiting the marriage and childbearing of the female workers.

From the point of view of this case, Wang had concealed her marriage on the part of her husband. However, according to the nature of her work, whether or not to marry was her private affair, which was not necessarily related to her job.

Wang's behavior can not be regarded as a fraud in concluding a labor contract. There is no legal basis for the employer to terminate the labor contract accordingly.