Answer: The termination of an employment contract due to an employee concealing personal information depends on whether that information significantly affects the employer’s actual intention. According to Article 8 of the Labor Contract Law, employers must truthfully inform employees about job content, conditions, location, occupational hazards, safety conditions, and compensation. Employers also have the right to inquire about basic information directly related to the labor contract, and employees are obligated to provide accurate details.
If an employee intentionally conceals relevant personal information, it may constitute employment fraud. However, the impact of the concealed information on the employment relationship matters. For instance:
Concealing criminal history, serious illnesses, or fabricating work experience could lead to a different hiring decision by the company.
If the concealed information has no direct impact on job performance (e.g., marital status or non-job-related medical history), terminating the contract based on this ground may be unlawful.
Companies should exercise caution when collecting and managing employee personal information within reasonable boundaries. The Personal Information Protection Law allows lawful processing of employee data but emphasizes principles like legality, necessity, and minimal impact on individual rights.
In summary, companies should handle employee information transparently, consider its relevance to the employment relationship, and avoid discriminatory practices.
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