The man's resume was fraudulent, and he was refused after work 19 days!Should I get paid?

In order to successfully apply for a deputy general manager of a group company in Guangxi, Wang was faked in age and education. After 19 days of work, he was rejected for fake resumes. Should Wang get paid? The two sides went to court for this.

Men go to work as candidates

Refused due to fake resume

In 2019, a group of Guangxi Group recruited a deputy general manager of the Cold Chain Project Company through the headhunting company. The job recruitment requirements are: full -time undergraduate degree or above under 45 years of age. The resume submitted by Wang to the headhunter showed that his basic situation was: 44 years old, master's degree, etc.

The headhunting company then recommended Wang to a group company in Guangxi. Because the company was anxious to use people, Wang reported to the company as a candidate on November 10, 2019.

After that, the headhunter company conducted a background investigation of Wang and confirmed that Wang's actual age was 51 years old, the first degree was college, which was inconsistent with the recruitment conditions. In addition, the information on the original graduation certificate he submitted was suspected of tampering. As a result, the headhunting company withdrew the recommendation.

Due to Wang's resume, on November 29, 2019, a group company in Guangxi decided not to hire Wang.

Is there no compensation for 19 days?

The dispute between the two parties

Wang worked in the company for 19 days as a candidate, but did not get paid. He then applied for arbitration from the Nanning Labor and Personnel Dispute Arbitration Commission and requested the decision:

A group company in Guangxi paid its salary of 37,500 yuan in November 2019;

Traveling expenses, communications expenses, and medical examination expenses have more than 10,000 yuan;

Compensation its direct economic loss is 28,600 yuan.

Nanning Labor and Personnel Dispute Arbitration Commission ruling: A group company in Guangxi paid Wang Mou's labor remuneration 11637.9 yuan and travel expenses of 360 yuan.

A group company in Guangxi refused to accept the arbitration award and sued to the People's Court of Yongning District, Nanning.

The company believes,

The two sides did not establish a labor relationship. Wang existed with fraud, causing the company to establish labor relations with his true will to negotiate with him, violate the principle of honesty trust, and cause losses to the company. And Wang also promised that all the consequences caused by falsifying were borne by himself, so he should not pay any cost of Wang.

Wang thought,

His relevant information was submitted to the company by the headhunting company. After the interview approval, he determined the position. During this time, he also worked very hard to carry out the work and received corresponding remuneration.

Paying labor should be paid

The court judged that the company paid 5316 yuan salary

The court believes:

Wang's concealment of real work resumes, age, and academic qualifications will affect the judgment of a group company in Guangxi, and establish a factual labor relationship with the company in the form of fraud. The labor relationship is invalid. However, Wang did pay labor for the company during the candidate, and the company should pay him for labor remuneration.

Because the two parties did not reach an agreement on labor remuneration, and Wang did not meet the recruitment conditions of the application position, the salary standard submitted by Wang could not be used as a basis for calculating labor remuneration.

According to the principle of fairness, the court calculated the average annual salary of the employees of Guangxi's "transportation, warehousing and postal industry" as appropriate to calculate Wang's labor remuneration in the annual salary of employees.

As a result, the People's Court of Yongning District, Nanning City ruled:

A group company in Guangxi paid Wang's salary of 5,316 yuan, and the travel expenses were 360 ​​yuan.

Source: South China Morning Post

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