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Can a Company Fire an Employee Who Failed to Tell the Truth?
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Amy joined a company （“Company”）on 7 April 2017 as an Administration Assistant. Amy declared "No" in the marital status section of the <New Employee's Entry Form > and promised in the form that "The content in the form is true and correct. If there is anything untrue, I promise to terminate the labor relationship with the company, accept the company's disposal, and shall not requi re any financial compensation".
Amy于2017年4月7日入职某公司，岗位为行政助理。Amy在新员工入职申请表的婚姻状况栏填写“否”，并承诺“其填写的内容真实无误，若有不实，承诺与用人单位解除劳动关系，接受公司的处理，不要求任何经济补偿”。
However, on 14 May 2017, the Company terminated its labor relationship with Amy on the grounds that the "marital status" in the <New Employee's Entry Form > submitted by Amy was inconsistent with the facts. Which is a serious violation of the relevant laws and regulations and the stipulation regarding the authenticity of personal information in the <New Employee’s Entry Form>.Amy admitted that she had applied for the registration of her marriage on 28 September 2015, however she thought she would be officially married only after the wedding ceremony was held, which still didn’t happen yet. In addition, she believed that her marital status was personal information, she was not obliged to reveal to the company.2017年5月14日，公司解除了与Amy的劳动关系，理由为：Amy提交的《新员工入职申请表》中“婚姻状况”所填写的内容与事实不符，严重违背相关法律法规及《新员工入职申请表》中关于资料真实性的约定条款。Amy承认其于2015年9月28日办理结婚登记手续，她辩称自己以为举行仪式后才算结婚，同时婚姻状况属于个人隐私，她没有告知公司的义务。
The court of first instance held that the company should pay compensation for terminating the labor contract in violation of the law.一审法院经审理认为：公司属于违法解除劳动合同，应支付解除劳动合同赔偿金。
The company claimed that: “Providing false personal information while joining the company is in violation of the principle of good faith, hence it is not against the law for the company to fire such employees.” The company appealed.Amy defended her action by stating: “The company should not treat married women differently when hiring employees”公司上诉称：入职时提供虚假的个人信息，有违诚实信用原则，公司解除劳动关系并不违法员工辩称：用人单位在录用员工时，不应对已婚女性实行差别对待
After the court hearing, the appellate court held that:” Article 8 of the <Labor Contract Law of the People's Republic of China> stipulates that: the company shall have the right to know the basic situation directly related to the labor contract, and the employee shall make a truthful statement. Based on the above-mentioned provisions, the employee's obligation to inform is conditional. The employee has the obligation to truthfully reply only when the company requires basic information which is directly related to the labor contract.经审理，二审法院认为，《中华人民共和国劳动合同法》第八条规定，用人单位有权了解劳动者与劳动合同直接相关的基本情况，劳动者应当如实说明。依照上述规定，劳动者的告知义务是附条件的，只有在用人单位要求了解的是劳动者与劳动合同直接相关的基本情况时，劳动者才有如实说明的义务。Generally speaking, the basic information directly related to the labor contract includes the health status, knowledge and skills, education level, job skills, work experience, professional qualifications, etc. An employee's failure to explain this information truthfully may constitute not only a major misunderstanding but rather fraud, or an infringement of the company's right to know. However, the company can’t infringe the privacy of employees for the purpose to acquire this basic information. For information which is not directly related to the work and if divulged infringes the privacy of individuals, employees have the right to refuse an answer or explain the situation further. For information that is not directly related to the labor contract, no element of fraud is given even if the employee has not replied truthfully.劳动者与劳动合同直接相关的基本情况一般应包括健康状况、知识技能、文化程度、工作技能、工作经历、职业资格等，劳动者不如实说明就可能构成重大误解、甚至构成欺诈、构成对用人单位知情权的侵害。但用人单位不能为了解情况而侵害劳动者的隐私，劳动者对于那些与工作无关且侵害个人隐私权的问题，有权拒绝说明。对于与劳动合同没有直接联系的信息，劳动者即使未如实说明，也不能认定为构成欺诈。
An employer’s provision, such as "if there is any false statement, employee is willing to accept the company's punishment or even dismissal unconditionally", should be construed as follows: if employees fail to provide their basic information which is directly related to the labor contract, such as health status, education, professional, work experience, educational background, etc. untruthfully, the company may terminate the labor contract.For information that does not relate to the labor contract directly, such as height, weight, marital status, blood type etc, even if the employee made a false statement, the employer can’t use this as a reason to terminate the labor contract, unless the company has made this a clear requirement during the recruitment process.对于实践中用人单位“若有不实处，愿无条件接受公司处罚甚至辞退”的规定，应理解为劳动者对与劳动合同直接相关的基本情况如健康状况、学历、专业、工作经历、教育背景等的填写如有不实的，用人单位可解除劳动合同。对于与劳动合同没有直接联系的信息如身高、体重、婚姻状况、血型等信息的填写，除非用人单位在招聘时已对某项信息作出明确的要求，否则，即使劳动者填写有不实之处，用人单位也不能以此为由解除与劳动者的劳动合同。
In this case, the company failed to prove that it had a clear requirement with regards to Amy's marital status at the time of recruitment. In fact, as Amy's position is an administration assistant, the marital status is not a factor affecting her ability to work, nor is it a necessary condition for Amy to engage in such a job. In addition, the company did not provide any of its rules and regulations to prove that Amy concealing the fact of her marriage is a serious violation of the company's internal regulations.Therefore, the company’s behavior of firing Amy on the basis that Amy’s statement of her "marital status" does not match the facts is not in line with the law. As a consequence, the company should pay Amy compensation for it’s illegal termination of the labor contract.The appellate court therefore rejected the company's appeal and upheld the original judgment. 本案中，公司未举证证明其在招聘时对Amy的婚姻状况有明确要求，且Amy应聘的岗位为行政助理，婚姻状况不是其工作能力的影响因素，也不是Amy从事人事行政工作的必需条件，公司也未提交公司的规章制度等证明Amy隐瞒已婚的事实属于严重违反公司管理制度的情形。故公司以Amy入职时“婚姻状况”所填写的内容与事实不符为由辞退Amy，不符合法律规定的公司可以解除劳动合同的情形，属于违法解除劳动合同，应向Amy支付解除劳动合同赔偿金。因此二审驳回公司上诉，维持原判。
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