Can the company terminate the employment contract if an employee joins the company due to concealmen

OK. According to the Labor Contract Law of the People's Republic of China:

Article 38 An employee may terminate a labor contract under any of the following circumstances:

1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;

2) Failure to pay labor remuneration in full and in a timely manner;

3) Failure to pay social insurance premiums for workers in accordance with the law;

4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;

5) The labor contract is invalid due to the circumstances provided for in the first paragraph of Article 26 of this Law;

6) Other circumstances under which the labor contract may be terminated by laws and administrative regulations.

If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.

Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances:

1) During the probationary period, it is proved that they do not meet the employment requirements;

2) Seriously violating the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections after being proposed by the employer.

If an employee joins the company due to concealment of a serious illness, the labor contract cannot be terminated if there is no agreement in the labor contract.

If you are unable to work normally due to concealment of illness, the company can terminate the employment contract without paying compensation.

If the company conceals the contract and provides false information before employment, the labor contract can be terminated.

If an employee joins the company due to concealing a serious illness, the company cannot terminate the labor contract, and the company has no right to unilaterally terminate the labor contract if the employee conceals the illness when the employee joins the company. The employee's concealment of illness cannot be used as a reason for the employer to terminate the employment contract. Employers have the right to know about the health status of employees, and employees have the obligation to truthfully inform them.

Legal Analysis] The employer cannot unilaterally terminate the labor contract because the employee conceals the illness, and may terminate the labor contract by giving 30 days' notice to the employee or compensating the employee with one month's salary. An employment contract is an agreement between an employee and an employer to establish an employment relationship and clarify the rights and obligations of both parties. When terminating a labor contract, an employer shall follow the principles of equality, voluntariness and consensus, and shall not violate the provisions of laws and administrative regulations.

The employment contract shall be legally binding immediately and shall be binding upon the parties, and the parties shall perform their obligations under the employment contract. However, at the time of employment, the employer has the right to know the basic information of the employee directly related to the employment contract, and the employee shall truthfully explain it. The employee's obligation to inform is limited to the basic information directly related to the labor contract, and there is no obligation to explain what is not related to the performance of the labor contract.

Under any of the following circumstances, the employer may terminate the labor contract after giving 30 days' written notice to the employee or paying the employee an additional month's salary: (1) the employee is sick or injured not due to work, and is unable to perform the original job or work arranged by the employer after the expiration of the prescribed medical treatment period; (2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment; (3) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on the modification of the labor contract after consultation.

[Legal basis].Labor Law of the People's Republic of China

Article 24 A labor contract may be terminated upon the agreement of the parties to the labor contract.

Article 25 The employer may terminate the labor contract if the worker falls under any of the following circumstances: (1) it is proved that he does not meet the employment requirements during the probationary period; (2) Seriously violating labor discipline or the rules and regulations of the employer; (3) Serious dereliction of duty, malpractice for personal gain, causing major harm to the interests of the employer; (4) They have been pursued for criminal responsibility in accordance with law.

Can the company terminate the employment contract if an employee joins the company due to concealment of a serious illness?Can the company terminate the labor contract if the employee joins the company due to concealing a serious illness? According to the provisions of the Labor Contract Law of the People's Republic of China:

Article 39: The employer may terminate the labor contract if the employee unilaterally terminates the labor contract (dismissal due to fault) under any of the following circumstances: (1) it is proved that the employee does not meet the employment requirements during the probationary period; 2) Seriously violating the rules and regulations of the employer; 3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer; (4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections after being proposed by the employer; (5) The labor contract is invalid due to the circumstances provided for in Item 1, Paragraph 1 of Article 26 of this Law; (6) Those who have been pursued for criminal responsibility in accordance with law.

Article 40: In the case of no-fault dismissal, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary: (1) the worker is sick or injured not due to work, and is unable to perform the original job or work arranged by the employer after the expiration of the prescribed medical treatment period; (2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment; (3) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation.

Do you understand this explanation?

Legal analysis: An employee who conceals his illness should not be dismissed, and concealment of illness cannot be used as a reason for the employer to terminate the labor contract, if the company's rules and regulations stipulate that concealing the illness is a serious violation of discipline, or if the employee causes significant damage to the employer due to the concealment of the illness, the company may terminate the labor contract.

Legal basis: Article 39 of the Labor Contract Law of the People's Republic of China The employer may terminate the labor contract if the employee falls under any of the following circumstances:

1) During the probationary period, it is proved that they do not meet the employment requirements;

2) Seriously violating the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections after being proposed by the employer.

(5) The labor contract is invalid due to the circumstances provided for in Item 1, Paragraph 1 of Article 26 of this Law;

(6) Those who have been pursued for criminal responsibility in accordance with law.

No. Because the employee did not infringe on the company's right to know, the employee's behavior was not a fraud against the company, and the company had no right to unilaterally dismiss the employee.

1. Concealment of illness cannot be used as a reason for the employer to terminate the labor contract.

2. If the company's rules and regulations stipulate that concealing illness is a serious violation of discipline, or the employee confirms in the employment statement that he has concealed or misrepresented the employee, the company can terminate the labor contract, whether the company can remove the employee who conceals the illness needs to be specifically distinguished: if the disease causes adverse effects on the company's products and the environment or the threat of pollution, the contract can be terminated in serious violation of discipline; If there is no impact on the work or the environment of the employer, the employer cannot terminate the labor contract.

3. In any case, as long as the employee agrees, the company can negotiate with the employee to terminate the labor contract.

1. Legal basis.

Concealment of illness is not a statutory condition for terminating an employment contract, but depends on whether it affects the company's production and operation or whether it causes economic losses to the company. For details, please refer to the following provisions of the Labor Contract Law:

Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances:

1) During the probationary period, it is proved that they do not meet the employment requirements;

2) Seriously violating the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections after being proposed by the employer.

(5) The labor contract is invalid due to the circumstances provided for in Item 1, Paragraph 1 of Article 26 of this Law;

(6) Those who have been pursued for criminal responsibility in accordance with law.

Article 40 In any of the following circumstances, the employer may terminate the labor contract after notifying the worker in the form of a book and ode to the worker 30 days in advance or after paying an additional month's salary to the laborer:

1) The worker is sick or injured not due to work, and is unable to perform his original job or work arranged by the employer after the prescribed medical treatment period has expired;

(2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment;

(3) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation.

The employer has the right to know the basic information of the employee directly related to the labor contract, and the employee shall truthfully explain it. That is, the employer has the right to know the health status of the employee, and the employee has the obligation to truthfully inform the employee. However, the employee's obligation to inform is limited to the basic information directly related to the labor contract, and there is no obligation to explain what is not related to the performance of the labor contract.

Even if the employee conceals his medical history, he or she can be in good health after surgery, have normal living ability, work ability and social activity ability, and does not seriously affect the work, or even does not hinder it at all, that is, it has no direct relationship with the performance of the labor contract. Article 40 of the Labor Contract Law stipulates that "if an employee is sick or injured not due to work-related injuries and is unable to perform his original job after the expiration of the prescribed medical treatment period, nor is he able to engage in other work arranged by the employer", the employer may terminate the labor contract after giving 30 days' written notice to the employee or paying the employee an additional one month's salary.