What are the consequences of company personnel information contract fraud?

What are the consequences of forging a fake labor contract?

1. A contract signed by fraud or coercion is invalid if it harms the interests of the state. If it does not harm the interests of the state, it is a revocable contract, and the victim can apply to the court for cancellation. If the parties collude maliciously and the contract signed harms the interests of the state, the collective or the third party, the contract signed is invalid;

2. If there is a labor dispute between the employer and the employee, the labor contract may be submitted as important evidence. If the employer forges evidence, the people's court may impose a fine or detention according to the seriousness of the case; If the case constitutes a crime, criminal responsibility shall be investigated according to law;

3. According to the provisions of Article 114th of the Civil Procedure Law, the people's court may impose a fine or detention according to the seriousness of the case if a litigant participant or other person commits one of the following acts; If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(1) Forging or destroying important evidence, which hinders the people's court from hearing a case.

Second, what is an invalid labor contract?

1. The established labor contract may also be invalid. Labor contracts that violate laws and administrative regulations and labor contracts concluded by fraud or threat are invalid. The invalidity of a labor contract shall be confirmed by the labor dispute arbitration commission or the people's court, and the reasons for invalidity generally include the following aspects:

(1) The contract entity is unqualified. The employed party provides false academic qualifications, degrees and professional and technical qualification certificates, and the employing unit does not have recruitment qualifications. ;

(2) the contents of the contract are illegal, that is, the labor contract violates laws, regulations and good customs, or harms the national and social public interests. For example, making ice and counterfeit money. Labor contracts with illegal contents are not protected by law;

(3) The expression of meaning is untrue. A labor contract is the product of consensus reached by both parties and should be the true expression of the parties' intentions. Labor contracts concluded by means of fraud, threats, etc. It is against the true meaning of one party, so it is invalid;

(4) The contract form is illegal. This means that the labor contract is not in written form, the parties have not actually fulfilled their main obligations, or the labor contract that should be authenticated according to law or at the request of the parties has not been authenticated. Under normal circumstances, as long as the parties take remedial measures to legalize the contract formally, the contract can be considered valid;

2. Of course, forged labor contracts have no legal effect. If there is no labor contract and a labor contract is needed, other evidence should be collected to prove the labor relationship, instead of forging a fake contract.

I hope the above content can help you. If you have any other questions, please click the button below to consult a professional lawyer.